CASA EX67/06 - Exemption - Rotary Air Force 2000 two place gyroplanes

Overview

The Civil Aviation Safety Regulations 1998 Exemption: Rotary Air Force 2000 Two Place Gyroplanes 2006 (F2006L03860) was enacted to address the problem of the Rotary Air Force 2000 two place gyroplane exceeding the maximum weight specified in Civil Aviation Order 95.12.1, which applies to gyroplanes with a maximum weight of not more than 600 kilograms. This exemption was introduced by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988. The policy objective of this exemption is to allow the operation of the Rotary Air Force 2000 two place gyroplane in controlled airspace without being subject to previous restrictions while ensuring that an acceptable level of safety is maintained. The exemption is subject to certain conditions reflecting the design limitations of the aircraft and the fact that recreational aircraft of this type are flown by persons at their own risk. This legislative instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998 Exemption - Rotary Air Force 2000 Two Place Gyroplanes applies to the operation of the Rotary Air Force 2000 two place gyroplane (RAF 2000) in Australian airspace, specifically within controlled airspace. The exemption allows the RAF 2000 to operate under conditions that would otherwise be restricted under the Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998. This exemption is necessitated because the RAF 2000 exceeds the maximum weight specified for gyroplanes under Civil Aviation Order 95.12.1, which generally applies to gyroplanes weighing up to 600 kilograms. The exemption is subject to specific conditions designed to maintain an acceptable level of safety, reflecting the aircraft's design limitations and the nature of its recreational use. This exemption, being a legislative instrument, is subject to disallowance under the Legislative Instruments Act 2003. The instrument, which comes into effect on 1 December 2006 and ceases on 30 November 2008, has been issued by the Deputy Chief Executive Officer, Operations, a delegate of the Civil Aviation Safety Authority (CASA), under authority granted by the Civil Aviation Act 1988.

Key Provisions

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to create regulations that govern air navigation safety. This authority is exercised in the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Safety Regulations 1998 (CASR 1998). These regulations provide the framework for the exemption of specific aircraft types from certain regulatory requirements, subject to safety conditions. Specifically, subregulation 308(1) of CAR 1988 and subregulation 11.160(1) of CASR 1998 allow the Civil Aviation Safety Authority (CASA) to exempt aircraft, types, or categories from compliance with the regulations, provided that safety is not compromised. Such exemptions are subject to conditions specified by CASA and must be published on the World Wide Web. The obligations imposed on the parties or entities governed by these regulations include strict adherence to the conditions set forth in the exemption. For the Rotary Air Force 2000 two-place gyroplane (RAF 2000), this involves meeting specific operational limitations and safety conditions that reflect the aircraft's design and the risk profile of recreational users. These conditions ensure that the aircraft operates within safe parameters, even though it exceeds the maximum weight specified in Civil Aviation Order 95.12.1 (CAO 95.12.1), which generally applies to gyroplanes with a maximum weight of 600 kilograms. CASA must regard the preservation of an acceptable level of safety as paramount when deciding whether to grant an exemption and can impose conditions necessary to maintain safety. Failure to comply with the conditions of an exemption is an offence under regulation 11.210 of CASR 1998, and penalties may apply. The severity of the consequences depends on the nature and extent of the breach. Although specific penalties are not detailed in the document, the general legal framework provides for both civil and criminal penalties. These may include fines, imprisonment, or other sanctions as deemed appropriate by the courts. The exemption, being a disallowable instrument, is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). The exemption also follows a legislative process, where consultation may be required, although in this case, consultation under section 17 of the LIA was not undertaken as the exemption renews a previous instrument with the same effect.