CASA EX74/08 - Exemption - Rotary Air Force 2000 two-place gyroplanes

Overview

The Civil Aviation Safety Authority (CASA) has introduced the Exemption — Rotary Air Force 2000 two place gyroplanes under the authority of the Civil Aviation Act 1988. This legislation aims to address the regulatory gap concerning the operation of specific aircraft types in controlled airspace. The Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998 provide CASA with the authority to exempt certain aircraft from compliance with regulations, provided safety conditions are met. This exemption pertains to the Rotary Air Force 2000 two place gyroplane, which exceeds the maximum weight limit specified in Civil Aviation Order 95.12.1, necessitating a tailored regulatory approach. The exemption, which replaces an earlier one, allows for continued operation in controlled airspace, subject to certain conditions to ensure safety, and it is published online and subject to parliamentary disallowance as per the Legislative Instruments Act 2003. The instrument came into effect on 1 December 2008 and ceased on 30 November 2009.

Scope and Application

The Rotary Air Force 2000 two place gyroplanes are subject to an exemption under the Civil Aviation Safety Regulations 1998 and Civil Aviation Regulations 1988, as authorised by the Civil Aviation Act 1988. The exemption allows these aircraft to operate in controlled airspace without being subject to previous restrictions. This exemption applies to the Rotary Air Force 2000 two place gyroplanes, which exceed the maximum weight specified under Civil Aviation Order 95.12.1. The exemption is subject to conditions that reflect the design limitations of the aircraft and the fact that these recreational aircraft are flown by persons at their own risk. The exemption is granted by the Civil Aviation Safety Authority (CASA) and is subject to operational limitations, reflecting the specific characteristics and risks associated with the aircraft. The exemption is in force from 1 December 2008 until 30 November 2009, and it is considered a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament.

Key Provisions

The Civil Aviation (Exemption) Regulations 2008 (Exemption) establish a framework under which the Rotary Air Force 2000 two place gyroplane can operate within controlled airspace without certain restrictions that would normally apply. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations regarding air navigation safety, and this particular exemption falls under the regulatory powers granted by the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Safety Regulations 1998 (CASR 1998). The exemption, detailed under subregulation 308(1) and (3) of CAR 1988, allows CASA to exempt specified aircraft from compliance with certain regulations, provided safety conditions are met. Similarly, subregulation 11.160(1) of CASR 1998 allows CASA to grant exemptions from safety regulations, with the paramount consideration being the preservation of an acceptable level of safety, as outlined in subregulation 11.170(3). Furthermore, subregulation 11.205(1) of CASR 1998 permits CASA to impose conditions on such exemptions if necessary for air navigation safety. The exemption imposes several obligations on the parties involved. Firstly, the Rotary Air Force 2000 gyroplane must adhere to the conditions specified by CASA, which are essential for maintaining safety. These conditions reflect the nature of recreational aircraft flown at the pilot's own risk and include operational limitations that align with the aircraft's design constraints. The exemption is also subject to publication requirements, as mandated by regulation 11.125 of CASR 1998, ensuring transparency and public awareness. Additionally, the exemption, as a legislative instrument, must be tabled and may be subject to disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The conditions under which the exemption operates must be strictly followed to avoid any legal repercussions. Failure to comply with the conditions of the exemption constitutes an offence under regulation 11.210 of CASR 1998. The penalties for non-compliance are not explicitly stated in the provided text, but generally, such offences could result in fines or other penalties as prescribed by relevant laws. The exemption itself is time-bound, ceasing to have effect no later than two years from its commencement, as stipulated by subregulation 11.230(1) of CASR 1998. The current exemption, CASA EX74/08, commences on 1 December 2008 and is set to expire at the end of 30 November 2009. It is important for all parties to be aware of these obligations and potential consequences to ensure compliance and safe operation of the Rotary Air Force 2000 gyroplane within controlled airspace.