CASA EX78/19 — Aerial Application Operations (Training and Checking Organisation) Exemption 2019

Overview

The CASA EX78/19 — Aerial Application Operations (Training and Checking Organisation) Exemption 2019 was enacted in 2019 by the Civil Aviation Safety Authority (CASA) to address a specific gap in the regulation of aerial application operations. This legislative instrument was designed to provide an exemption from certain regulatory requirements for operators of single-engine aircraft with a maximum take-off weight exceeding 5,700 kg that are used exclusively for aerial application operations. The exemption is intended to streamline compliance for these operators while maintaining safety standards. The primary objective of this exemption, as outlined in the Civil Aviation Safety Regulations 1998, is to facilitate more efficient operations by reducing unnecessary regulatory burdens on operators who meet the specified criteria. This instrument commenced on 1 August 2019 and was subject to repeal at an earlier date, specifically at the commencement of the Civil Aviation Safety Amendment (Part 91) Regulations 2018 or by 24 March 2022, whichever came first. The exemption is contingent upon operators ensuring that their aircraft are exclusively used for aerial application operations and that these operations comply with the operator's operations manual. Furthermore, the exemption is subject to strict liability provisions that prohibit carrying passengers on aerial application operations, except under specific circumstances outlined in the Civil Aviation Regulations.

Scope and Application

The CASA EX78/19 – Aerial Application Operations (Training and Checking Organisation) Exemption 2019 applies specifically to operators conducting aerial application operations using a single-engine aircraft with a maximum take-off weight exceeding 5,700 kg. This exemption is designed to provide relief from certain regulatory requirements under the Civil Aviation Safety Regulations 1998, specifically regulation 217 of the Civil Aviation Regulations. The exemption is effective from 1 August 2019 and will be repealed at the earlier of the commencement of the Civil Aviation Safety Amendment (Part 91) Regulations 2018 or the end of 24 March 2022. The exemption is subject to conditions that require the aeroplane to be used solely for aerial application operations and for the operation to comply with the operator’s existing operations manual. Furthermore, the exemption is contingent on the aeroplane not carrying passengers unless an exception under regulation 137.135 of the Civil Aviation Safety Regulations 1998 applies. This legislative instrument is subject to further amendments and conditions as specified in subordinate instruments.

Key Provisions

The CASA EX78/19 — Aerial Application Operations (Training and Checking Organisation) Exemption 2019 provides an exemption to certain regulations for aeroplanes used in aerial application operations. Section 4 specifies that this exemption applies to single-engine aircraft with a maximum take-off weight of more than 5,700 kg. Under Section 4(2), the operator of such an aeroplane is exempt from complying with regulation 217 of the Civil Aviation Regulations (CAR). However, this exemption is contingent upon the aeroplane being used solely for aerial application operations, as stated in Section 5(1). Furthermore, the operations must adhere to the operator’s existing operations manual as per Section 5(2). Operators under this exemption must ensure that their aeroplanes are used exclusively for aerial application operations and that these operations are conducted in strict accordance with their operations manual. This requirement is crucial to maintain safety standards and regulatory compliance within the specified scope of aerial application operations. It is important to note that carrying passengers on these operations is generally prohibited unless specific exceptions apply, as outlined in regulation 137.135 of the Civil Aviation Safety Regulations (CASR). There are significant consequences for non-compliance with the provisions of this instrument. Under the Civil Aviation Safety Regulations, carrying a passenger on an aerial application operation without the appropriate exemption or exception can result in strict liability offences for both the operator and the pilot in command. This strict liability means that the operator or pilot cannot escape liability by proving they took all reasonable precautions to avoid the offence. The penalties for such strict liability offences can be severe, reflecting the high risk associated with carrying passengers in potentially hazardous aerial application operations. Operators must, therefore, rigorously ensure compliance with all conditions to avoid these stringent penalties.