Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — for certain aircraft to tow gliders
Purpose
The exemption enables certain aircraft for which experimental certificates are in force to continue operating for the purposes of glider towing in private operations.
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Subregulation 262AP (1) of the Civil Aviation Regulations 1988 (CAR) provides that an aircraft for which a special certificate of airworthiness is in force must not be operated except for a purpose for which the certificate is issued or for an operation permitted under subregulation 262AP (2) of CAR.
Regulation 21.191 of the Civil Aviation Safety Regulations 1998 (CASR) sets out the purposes for which an experimental certificate may be issued.
Under subregulation 11.160 (1) of CASR, for subsection 98 (5A) of the Act, CASA may grant an exemption from compliance with a provision of the regulations in relation to a matter mentioned in that subsection.
Under subregulation 11.205 (1) of CASR, CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Subregulation 11.170 (3) provides that, in deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of aviation safety.
Subregulation 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.
Background
Current regulations do not include glider towing as a purpose for which an experimental certificate may be issued. However, certain aircraft issued with experimental certificates have for some time been used for glider towing purposes in private operations. Such aircraft have been suitably modified or specifically designed for this purpose and have been approved for glider towing by the Gliding Federation of Australia (GFA).
Instrument
The effect of the instrument is to allow certain aircraft to continue operating for the purposes of glider towing in private operations, subject to the condition that the operator must be a member of the GFA and comply with the GFA’s membership rules for glider towing as they exist from time to time. The GFA membership rules are available on the GFA website and may currently be viewed via the following link:
http://doc.glidingaustralia.org/index.php?option=com_docman&view=list&slug=paper-membership&Itemid=101&layout=treetable
Legislation Act 2003 (the LA)
Paragraph 98 (5AA) (b) of the Act provides that an instrument issued in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft is a legislative instrument if the instrument is expressed to apply to a class of aircraft.
The exemption is expressed to apply to a class of aircraft, that is, aircraft issued with experimental certificates being used for glider towing in private operations. The instrument is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
Initial consultation was conducted when the GFA provided a safety case in support of the use of certain aircraft issued with experimental certificates to be used for glider towing purposes. CASA continues to be satisfied that such aircraft are suitable for glider towing in private operations.
CASA proposes in future to issue such aircraft with limited category certificates in accordance with the new regulations under Part 132 of CASR so exemptions are not required.
In these circumstances, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required in this case as the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Making and commencement
The exemption is made by a delegate of CASA relying on the power of delegation under regulation 11.260 of CASR.
The instrument commences on 1 June 2017 and is repealed at the end of 31 May 2019.
[Instrument number CASA EX56/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — for certain aircraft to tow gliders
This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This exemption will permit the use of certain aircraft for which experimental certificates are in force to continue glider towing for private operations. It is a condition that the operator must be a member of the GFA and comply with the GFA’s membership rules for glider towing as they exist from time to time.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority