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 endorsement, issued by the Hang Gliding Federation of Australia or Recreational Aviation Australia Incorporated, and in accordance with the operations manual provided by the relevant Air Operator’s Certificate 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 renews another instrument in the same terms, CASA EX64/08, which expired at the end of August 2010.
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 renews a previous instrument which permitted powered paragliders to be used for the mentioned aerial work operations.
Office of Best Practice Regulation (OBPR)
The instrument 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 1 September 2010 and stops having effect at the end of August 2012.
The instrument has been made by the Director of Aviation Safety under subsection 73 (2) of the Act.
[Instrument number CASA EX72/10]
Overview
The Civil Aviation Regulations 1988, amended by the instrument F2010L02363, introduce an exemption for powered weight shift controlled aircraft engaging in aerial work operations such as aerial advertising, aerial photography, aerial surveying, and aerial spotting. This legislative instrument, enacted to address the need for flexibility in regulations concerning these specific types of aircraft, allows for exemption from certain provisions of the Civil Aviation Regulations 1988, subject to conditions outlined in Schedule 1. The exemption is authorised under Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act and the safety of air navigation. The instrument, created by the Director of Aviation Safety, aims to ensure these aircraft can participate in aerial work operations while maintaining safety standards, and it is subject to disallowance under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988 Exemption — Powered Weight Shift Controlled Aircraft pertains to the operation of powered weight shift controlled aircraft, such as powered paragliders, engaged in specific aerial work activities including aerial advertising, photography, surveying, and spotting. This exemption applies to any individual or entity operating such aircraft under the specified conditions. It is subject to stringent conditions outlined in Schedule 1, ensuring that only licensed pilots, holding a certificate and endorsement from recognised aviation authorities like the Hang Gliding Federation of Australia or Recreational Aviation Australia Incorporated, can operate these aircraft. Furthermore, the exemption is contingent upon the aircraft's ability to safely glide and land in the event of an engine failure, as well as compliance with other operational requirements such as height restrictions and adherence to Air Traffic Control clearances within controlled airspace. This exemption applies nationally across Australia and extends to the operation of these aircraft in various aerial work sectors. The exemption is subject to disallowance under the Legislative Instruments Act 2003 and operates under the Civil Aviation Act 1988, with its primary objective being to facilitate participation in aerial work operations while maintaining safety standards.
Key Provisions
The main operative sections of the legislation concern the exemption of powered weight shift controlled aircraft from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988) when they are used for aerial work operations such as aerial advertising, photography, surveying, and spotting. Section 98 of the Civil Aviation Act 1988 (the Act) provides the authority for these exemptions, and subregulation 308(1) of CAR 1988 specifically allows the Civil Aviation Safety Authority (CASA) to exempt particular aircraft or categories of aircraft from compliance with certain regulations. This exemption is detailed in the instrument CASA EX72/10, which outlines specific conditions under which these aircraft can operate.
The obligations imposed by this legislation on the parties involved are stringent and designed to ensure safety. Powered weight shift controlled aircraft can only be flown by individuals holding a pilot certificate and the appropriate endorsement from the Hang Gliding Federation of Australia or Recreational Aviation Australia Incorporated. Furthermore, the operation of these aircraft must adhere to the conditions specified in the operations manual provided by the relevant Air Operator’s Certificate holder. For example, pilots must be capable of safely gliding and landing the aircraft in the event of an engine failure. Additional conditions include limitations on the operational height of the aircraft, requirements to comply with Air Traffic Control clearance when flying in controlled airspace, and other operational protocols that are detailed in the operations manual.
Failure to comply with the conditions set forth in this exemption can result in severe consequences. The legislation identifies these exemptions as disallowable instruments under the Legislative Instruments Act 2003 (LIA), meaning they are subject to tabling and disallowance in the Parliament. Breaches of these conditions may not only result in the revocation of the exemption but also potentially lead to civil or criminal penalties, although the specific penalties are not detailed in the explanatory statement. Given the emphasis on safety and the potential for significant risk if conditions are not met, adherence to the regulations is crucial to avoid any adverse outcomes.