Explanatory Statement
Civil Aviation Regulations 1988
Exemption — maximum take-off weight and installation of fuel system
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt an aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988.
Regulation 235 of CAR 1988 provides for the determination of the maximum take-off weight of an aircraft. Subregulation 235 (4) provides that the pilot in command of an aircraft must not take-off if its gross weight exceeds its determined maximum weight.
The instrument exempts Cessna 208B aircraft bearing the nationality and registration marks VH-SHW (the aircraft) operated by Dick Smith Adventure Pty Ltd (the operator), and engaged in flights between Bankstown, New South Wales and New Zealand, from the requirements of subregulations 235 (4) and (5) of CAR 1988 in relation to the aircraft’s maximum certificated take-off weight and the requirements of regulation 42U of CAR 1988 in relation to the design and installation of the aircraft’s fuel system.
The aircraft will be equipped with a temporary fuel system. The design of this fuel system and its installation will not comply with the relevant design standard for the aircraft type. The design cannot, therefore, be approved under regulation 35 of CAR 1988. The aircraft will also be operated at a weight greater than the maximum take-off weight for the aircraft.
The exemption provides relief from the requirements of the regulations to allow the operator to fly to and from New Zealand. The exemption is subject to conditions which include the requirement that installation of the ferry fuel system must be carried out in accordance with Engineering Instruction Sheet No 201/263/EI 1 of Auto Avia Design Pty Ltd and that the flight must be carried out in accordance with Ferry Operating Instructions 201/263/FOS of Auto Avia Design Pty Ltd. The conditions are intended to ensure that the aircraft, as modified, can be operated safely on the proposed flight.
Legislative instrument
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA.
The instrument is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The relief would be made available to any person who applies and agrees to comply with appropriate conditions.
The exemption has been issued by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, and commences on the day after it is registered.
[Instrument number CASA EX62/05]