Explanatory Statement
Civil Aviation Regulations 1988
Exemption — operations by recreational aircraft in Townsville control zone and control areas and temporary restricted areas
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
This exemption is required because of the decision to allow the operation of certain sport and recreational aircraft in the Townsville control zone and control areas as well as in temporary restricted areas (TRAs) established under regulation 6 of the Airspace Regulations 2007.
This exemption will enable the operation of certain sport and recreational aircraft during the Townsville Airshow 2009. The aircraft permitted to operate under the exemption are specified in Schedule 1. The purpose of the exemption is to permit them to be flown in to participate in the Townsville Airshow and then provide a static display.
The aircraft to which the exemption applies are aircraft operated in accordance with Civil Aviation Order (CAO) 95.10, CAO 95.32 or CAO 95.55. These CAOs are, in fact, exemptions from various provisions of CAR 1988 that apply to the aircraft mentioned in them, recognising that because of their construction and performance they could not meet all the requirements of CAR 1988. CAO 95.10 applies to privately-built, single-place ultralight aeroplanes. CAO 95.32 applies to weight shift controlled aeroplanes and powered parachutes. CAO 95.55 applies to a variety of aircraft that have to meet 1 of the different sets of criteria set out in section 1 of that CAO. The aircraft have to be registered with Recreational Aviation Australia Incorporated (RAA) or the Hang Gliding Federation of Australia Incorporated (the HGFA) and be operated in accordance with the respective CASA approved operations manual.
All the CAOs provide their exemptions subject to compliance with sets of conditions relating to a variety of matters. In all 3 CAOs, 1 of the conditions, subparagraph 5.1 (e), prohibits flights in active restricted or prohibited areas.
The exemption for the Townsville Airshow allows them to operate without complying with that condition. In addition, CAO 95.32 and CAO 95.55 contain conditions applicable to flights in controlled airspace. These are in paragraph 5.2 of both CAOs. The Townsville Airshow exemption also omits requirements in paragraph 5.2 that require such flights to be in an aircraft of a certified design that complies with certain engine requirements, and conducted by a pilot who holds a pilot licence issued under Part 5 of CAR 1988 that allows the holder to fly in controlled airspace. This omission applies only to the specified aircraft and is subject to the conditions in Schedule 2.
All the aircraft have to be fitted with a radio capable of two-way communication with Air Traffic Control. The pilot in command must hold a pilot certificate with a radio operator endorsement. He or she must comply with procedures published in NOTAMS and applicable to the Townsville Airshow, and also comply with all Air Traffic Control instructions.
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
CASA has consulted with the RAA, the HGFA and the air display organiser. The terms of the exemption have been agreed by the above stakeholders and CASA.
The instrument commences on 23 September 2009 and stops having effect at the end of 27 September 2009.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX70/09]
Overview
The Civil Aviation Regulations 1988, amended by the instrument F2009L03388, were enacted to provide an exemption for the operation of recreational aircraft within the Townsville control zone, control areas, and temporary restricted areas (TRAs) in conjunction with the Townsville Airshow 2009. This instrument was issued under the authority of Section 98 of the Civil Aviation Act 1988, empowering the Governor-General to establish regulations in the interests of air navigation safety. The Civil Aviation Safety Authority (CASA) made this exemption to permit the operation of certain sport and recreational aircraft, as specified in Schedule 1, to participate in and provide a static display at the Townsville Airshow. The exemption aligns with Civil Aviation Orders (CAOs) 95.10, 95.32, and 95.55, which already exempt these aircraft from various provisions of the Civil Aviation Regulations 1988 due to their construction and performance characteristics. This regulatory amendment ensures the safe integration of these aircraft into the airspace during the airshow, subject to specific conditions that maintain safety standards, including requirements for radio communication and compliance with Air Traffic Control instructions.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) provide for the exemption of certain sport and recreational aircraft from specific provisions of the regulations to facilitate their operation during the Townsville Airshow 2009. This exemption applies to aircraft operated in accordance with Civil Aviation Orders (CAO) 95.10, 95.32, and 95.55, which themselves exempt these aircraft from various CAR 1988 provisions due to their construction and performance. These aircraft, which include privately-built, single-place ultralight aeroplanes, weight-shift controlled aeroplanes, powered parachutes, and other aircraft meeting specific criteria, must be registered with Recreational Aviation Australia Incorporated or the Hang Gliding Federation of Australia Incorporated and comply with CASA-approved operations manuals. The exemption allows these aircraft to operate in the Townsville control zone and control areas and temporary restricted areas, provided they meet certain conditions, including being fitted with a radio capable of two-way communication with Air Traffic Control and having a pilot in command who holds a pilot certificate with a radio operator endorsement and complies with all applicable procedures and Air Traffic Control instructions. The exemption is subject to disallowance in the Parliament under the Legislative Instruments Act 2003 and was made by a delegate of CASA. It commenced on 23 September 2009 and ceased at the end of 27 September 2009.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this exemption are subregulation 308(1) and 308(2), which empower the Civil Aviation Safety Authority (CASA) to exempt certain aircraft from compliance with specified provisions of the CAR 1988, provided it is in the interests of safety. The exemption in question is made under this authority to allow certain sport and recreational aircraft to operate within the Townsville control zone, control areas, and temporary restricted areas (TRAs) during the Townsville Airshow 2009. This exemption is detailed in the explanatory statement and is subject to the conditions outlined in Schedules 1 and 2 of the instrument. These schedules specify which aircraft are covered and the conditions under which they can operate.
The obligations imposed by the Act on the parties it governs include ensuring that the aircraft permitted under the exemption are registered with Recreational Aviation Australia Incorporated (RAA) or the Hang Gliding Federation of Australia Incorporated (HGFA) and operated in accordance with the respective CASA-approved operations manual. Additionally, the pilot in command must hold a pilot certificate with a radio operator endorsement and comply with all Air Traffic Control instructions and procedures published in Notices to Airmen (NOTAMs) applicable to the Townsville Airshow. The aircraft must also be fitted with a radio capable of two-way communication with Air Traffic Control.
There are potential civil and criminal consequences for breaches of the conditions outlined in the exemption. Firstly, the exemption is a legislative instrument and, as such, is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Secondly, failure to comply with the conditions specified in the exemption, such as operating in restricted or prohibited areas, or not adhering to Air Traffic Control instructions, could result in CASA taking enforcement action. This could include fines and other penalties as prescribed by the regulations. The maximum penalties for non-compliance with aviation regulations can vary widely depending on the severity of the breach but can include substantial fines and, in severe cases, imprisonment.