Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — take-off weight limitations
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Regulation 137.190 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that the pilot in command of an aeroplane engaged in application operations must not commence a take-off if the aeroplane’s gross weight exceeds:
(a) the maximum gross weight shown in the aeroplane’s flight manual; or
(b) any maximum gross weight that:
(i) has been established for that type of aeroplane by a flight test supervised by CASA; and
(ii) is shown on a placard, approved by CASA and displayed in the aeroplane’s cockpit; or
(iii) the maximum gross weight shown on the type certificate, or type certificate data sheet, that is issued for the aeroplane by the National Aviation Authority of the State of Design (within the meaning given in Annex 8 to the Chicago Convention) of the aeroplane.
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. Auto Avia Design Pty Ltd has applied for an exemption against regulation 137.190 of CASR 1998. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.210, it is an offence to fail to comply with a condition of an exemption.
Under regulation 11.225 of CASR 1998, an exemption must be published on the World Wide Web. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 2 years after its commencement), or if no day is specified, 2 years after commencement.
The PZL-MIELEC models M18 and M18A Turbine Dromader aircraft currently are certificated in the restricted category at the 5 300 kg maximum take-off weight (MTOW).
Rebel Ag Pty Ltd, trading as Hillston Air Work and Warren Air Work (Rebel Ag), a major operator of the aircraft for agricultural and firefighting operations, has submitted an application to CASA for a Supplemental Type Certificate (STC) to increase the MTOW of the aeroplane to 6 600 kg. Auto Avia Design Pty Ltd has been engaged by Rebel Ag to provide the engineering works for the STC application.
Most of the substantiation work for the STC has been completed and submitted to CASA, but formal certification flight test cannot be completed in time to allow for the issue of the STC before this fire season. This is an interim measure to allow the aircraft to be used for firefighting and agricultural operations during the fire season. Conditions have been imposed and CASA is of the view that safety will not be compromised if the conditions are complied with.
Legislative Instruments Act
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. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. 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. The instrument is an interim measure to ensure the aeroplanes are able to be used during the fire season whilst work towards approving the STC is being completed.
The instrument commences on the day after it is registered. It stops having effect at the end of 1 April 2009.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX75/08]