Explanatory Statement
Civil Aviation Regulations 1988
Exemption — powered weight shift controlled aircraft
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and to the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may, in relation to a particular aircraft or specified type or category of aircraft, exempt that aircraft or specified type or category of aircraft from
compliance with specified provisions of CAR 1988.
The instrument exempts powered weight shift controlled aircraft undertaking aerial work operations, including aerial advertising, aerial photography, aerial surveying and aerial spotting, from compliance with certain Parts and provisions of CAR 1988.
The exemption is subject to conditions set out in Schedule 1. According to the conditions, powered weight shift controlled aircraft may only be flown by a person who holds a pilot certificate and an endorsement, issued by the Hang Gliding Federation of Australia or Recreational Aviation Australia Inc, and in accordance with the operations manual provided by the relevant Air Operator’s Certificate (AOC) holder.
The conditions also ensure that a powered weight shift controlled aircraft is not flown unless, in the event of an engine failure, the pilot is able to glide safely to, and land at, an appropriate area. Additional conditions relate to the height at which powered weight shift controlled aircraft may be flown, the requirement to operate in accordance with Air Traffic Control clearance when in controlled airspace, and other operational requirements.
The classes of aircraft are such that it is not possible to outline all conditions in the instrument. Other conditions will be incorporated into the operator’s operations manual.
The instrument revives another instrument in the same terms, CASA EX17/06, which expired at the end of February 2008. It is being renewed because an operator has applied for an AOC to allow participation in those activities that it covers.
Legislative Instruments Act
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 exemption 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 because the instrument is of a minor or machinery nature. It revives a previous instrument which permitted powered paragliders to be used for the mentioned aerial work operations.
Office of Best Practice Regulation (OBPR)
The instrument also has not been referred to the OBPR. Its impact on business practices will be negligible, with its main purpose being to allow persons who satisfy the required criteria to participate in aerial work operations.
The instrument commences on the day after it is registered and stops having effect at the end of August 2010.
It has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX64/08]