CASA EX75/08 - Exemption - take-off weight limitations

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended to provide an exemption for the take-off weight limitations of certain PZL-MIELEC M18 and M18A Turbine Dromader aircraft, allowing them to operate during the current fire season until the Supplemental Type Certificate (STC) for an increased maximum take-off weight (MTOW) is approved. This amendment responds to the need for immediate operational capability of these aircraft in firefighting and agricultural activities, given the delay in the STC certification process. The exemption, which is a legislative instrument under the Legislative Instruments Act 2003, has been enacted to preserve safety while ensuring the aircraft can be utilised effectively during a critical period. The Civil Aviation Safety Authority (CASA) has determined that the conditions imposed on the exemption will maintain an acceptable level of safety, and the exemption is subject to disallowance by Parliament under the Legislative Instruments Act. This measure is temporary, ceasing to have effect by the end of April 2009.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of air navigation in Australia, with specific regulations governing the operation of aircraft. Regulation 137.190 of the CASR 1998 mandates that the pilot in command of an aeroplane engaged in application operations, such as agricultural and firefighting, must adhere to specified take-off weight limitations to ensure safety. These limitations are based on the maximum gross weight detailed in the aeroplane’s flight manual, any established maximum gross weight approved by the Civil Aviation Safety Authority (CASA), or the maximum gross weight indicated on the type certificate. Auto Avia Design Pty Ltd has applied for an exemption from these take-off weight limitations for the PZL-MIELEC models M18 and M18A Turbine Dromader aircraft, currently certificated for a 5,300 kg maximum take-off weight (MTOW). This exemption is an interim measure while Rebel Ag Pty Ltd, trading as Hillston Air Work and Warren Air Work, awaits a Supplemental Type Certificate (STC) to increase the MTOW to 6,600 kg. CASA has determined that granting the exemption, subject to specific conditions, will not compromise safety during the interim period, particularly for firefighting and agricultural operations. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The exemption applies to the specified aircraft operated by Rebel Ag and will remain in effect until the end of 1 April 2009, or until the STC is approved, whichever comes first.

Key Provisions

The main operative sections of this legislation concern the granting of an exemption to Regulation 137.190 of the Civil Aviation Safety Regulations 1998 (CASR 1998), which sets out the take-off weight limitations for aeroplanes engaged in application operations. Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides the authority for the Governor-General to make regulations in the interests of air navigation safety, while Regulation 137.190 specifies the limitations on gross take-off weight for aeroplanes. Subregulation 11.160(1) of CASR 1998 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions of the regulations. Furthermore, subregulation 11.205(1) of CASR 1998 permits CASA to impose conditions on such exemptions if necessary for air navigation safety. These provisions enable CASA to approve an exemption for the PZL-MIELEC models M18 and M18A Turbine Dromader aircraft to operate at a higher take-off weight than normally permitted, provided safety conditions are met. The obligations and requirements imposed by the Act and the regulations on the parties involved are significant. The pilot in command must ensure that the aeroplane's gross weight does not exceed specified limits, as outlined in Regulation 137.190(1). CASA, as the regulatory authority, must consider safety paramount when deciding whether to grant an exemption and may impose conditions on such exemptions as necessary under subregulation 11.205(1). Auto Avia Design Pty Ltd, engaged by Rebel Ag to provide engineering works for the Supplemental Type Certificate (STC) application, must complete and submit the substantiation work to CASA. Rebel Ag, the operator, must comply with any conditions imposed on the exemption and ensure that the aircraft operates within the safety parameters set by CASA. Breach of the conditions imposed on the exemption or failure to comply with the terms of the exemption itself may result in civil or criminal consequences. Under regulation 11.210 of CASR 1998, it is an offence to fail to comply with a condition of an exemption, with potential penalties depending on the severity of the breach. The exemption itself, being a legislative instrument, is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). The absence of consultation under section 17 of the LIA for this interim measure may also have implications, although the primary focus remains on ensuring that the conditions for the exemption maintain an acceptable level of safety. The exemption will cease on the specified date or, if not specified, two years after its commencement.