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]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were amended through the instrument F2008L03235 to address a specific gap in the regulatory framework concerning powered weight shift controlled aircraft engaged in aerial work operations. Enacted by the Australian Government, this legislation aimed to facilitate the use of such aircraft in activities including aerial advertising, photography, surveying, and spotting while ensuring safety standards are met. The Civil Aviation Act 1988, administered by the Australian Parliament, authorised the creation of these regulations to maintain the safety of air navigation. The policy objective of this exemption is to allow qualified pilots to operate these aircraft under certain conditions, thereby supporting the growth and regulation of aerial work sectors. This approach balances operational flexibility with the imperative to safeguard public and operational safety.
Scope and Application
The Civil Aviation Regulations 1988, through the instrument CASA EX64/08, establish an exemption for powered weight shift controlled aircraft engaging in aerial work operations, including activities such as aerial advertising, aerial photography, aerial surveying, and aerial spotting. This exemption allows these aircraft to operate outside the strict compliance of certain provisions of the Civil Aviation Regulations 1988, provided specific conditions are met. These conditions mandate that the aircraft be flown only by pilots who hold a pilot certificate and an endorsement from 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. Additionally, the exemption stipulates that these aircraft should only be operated if the pilot can safely glide and land the aircraft in case of engine failure, and it sets requirements for the altitude and air traffic control clearance when operating in controlled airspace. The exemption revives a previous instrument, CASA EX17/06, which expired at the end of February 2008, and it is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This exemption is expected to have a negligible impact on business practices, primarily facilitating the participation of eligible individuals in aerial work operations.
Key Provisions
Section 308(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft from complying with specified provisions of CAR 1988. In this case, powered weight shift controlled aircraft involved in aerial work operations such as aerial advertising, aerial photography, aerial surveying, and aerial spotting are exempt from certain parts and provisions of CAR 1988, subject to specific conditions. These aircraft can only be operated by a person holding a pilot certificate and an endorsement from the Hang Gliding Federation of Australia or Recreational Aviation Australia Inc, and must adhere to the operations manual provided by the relevant Air Operator’s Certificate (AOC) holder. Additionally, pilots must ensure they can safely glide and land the aircraft in the event of an engine failure. Other conditions include operational requirements such as height limits and adherence to Air Traffic Control clearance when in controlled airspace.
The obligations imposed on the parties include ensuring that only qualified pilots operate powered weight shift controlled aircraft. This means pilots must possess the necessary certifications and endorsements and must operate in accordance with the specific conditions outlined in the exemption and the operations manual provided by the AOC holder. The conditions also require pilots to be capable of safely landing the aircraft in case of an engine failure, thereby ensuring safety during aerial work operations. Furthermore, pilots must comply with height restrictions and Air Traffic Control clearance when operating in controlled airspace.
Breaches of the conditions set out in the exemption may result in civil or criminal consequences. Section 98 of the Civil Aviation Act 1988 allows for the enforcement of civil penalties for non-compliance with the Act or regulations made under it. In this context, failure to adhere to the conditions of the exemption could lead to enforcement actions by CASA, which may include fines or other penalties. Additionally, operating an aircraft in a manner that endangers safety could result in criminal charges, potentially leading to more severe penalties. The specific maximum penalties for such offences would be determined by the relevant aviation safety legislation and applicable laws.