Civil Aviation Amendment Order (No. R6) 2004 - Civil Aviation Order 20.7.1 - Aeroplane weight limitations - Aeroplanes above 5 700kg - All operations (piston-engined) (02/12/2004)

Overview

The Civil Aviation Amendment Order (No. R6) 2004 was enacted to address a specific technical issue concerning the compliance of existing regulations with the Legislative Instruments Act 2003. This legislative instrument amends section 20.7.1 of the Civil Aviation Orders, which pertains to the take-off and landing weight limitations for piston-engined aeroplanes with a maximum permissible all-up weight exceeding 5,700 kg. The Civil Aviation Orders, which were originally established under the Civil Aviation Regulations 1988, were in need of revision to align with the new legislative framework that came into effect on 1 January 2005. The enactment of this order ensures that the aviation safety regulations remain current and consistent with the legislative requirements. Additionally, the remake of the order took the opportunity to update outdated references and to incorporate gender-neutral language. This regulatory update was issued by the Director of Aviation Safety under the authority granted by the Civil Aviation Act 1988, and it came into effect upon gazettal, without the need for a Regulation Impact Statement as determined by the Office of Regulation Review.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) govern a broad spectrum of aviation activities in Australia, with specific provisions addressing the operation of aircraft, including aeroplanes. The Civil Aviation Orders, which form part of the CAR 1988, are instrumental in detailing the technical and procedural requirements for aviation safety. Section 20.7.1, which has been revoked and remade through a Civil Aviation Order, specifically addresses take-off and landing weight limitations for piston-engined aeroplanes with a maximum permissible all-up weight exceeding 5,700 kg. This regulation applies to aeroplanes operated by persons and entities within Australia, ensuring that they comply with weight limitations based on factors such as fuel weight, runway length, aircraft performance, and ambient conditions. The scope of the regulation is national, extending to all areas within Australia where civil aviation is conducted. The Order, which is subject to the Civil Aviation Act 1988, ensures that the Civil Aviation Orders align with the technical requirements of the Legislative Instruments Act 2003. This remake does not alter existing legal or policy frameworks but is a formality to enhance compliance and consistency with legislative standards. The Order came into effect upon gazettal, and no Regulation Impact Statement was deemed necessary due to the minor nature of the changes.

Key Provisions

The Civil Aviation Regulations 1988, as amended by the Civil Aviation Amendment Order (No. R6) 2004, focus on updating and ensuring the consistency of certain provisions related to aeroplane weight limitations. Section 20.7.1 of the Civil Aviation Orders (the Orders) is revoked and remade to align with the requirements of the Legislative Instruments Act 2003, which comes into effect on 1 January 2005. This particular change involves the weight limitations for piston-engined aeroplanes with a maximum permissible all-up weight exceeding 5,700 kg. These weight limitations are determined by various factors including fuel weight, runway length, aircraft performance under ambient conditions, and the minimum height necessary for safe obstacle clearance. Under subregulation 235(2) of the Civil Aviation Regulations 1988, the Civil Aviation Safety Authority (CASA) has the authority to issue directions specifying the maximum weight an aircraft can have during take-off or landing. This regulation ensures that all parties involved in aviation operations, such as pilots, aircraft operators, and maintenance personnel, adhere to the specified weight limitations. These limitations are crucial for ensuring safety, as they help prevent overloading, which can lead to potential hazards during flight operations. Failure to comply with the weight limitations specified in the Civil Aviation Orders can result in serious consequences. The legislation imposes strict obligations on all parties to ensure that the weight of the aircraft does not exceed the prescribed limits. Non-compliance can lead to enforcement actions by CASA, which may include fines, suspension or revocation of licences, or other regulatory penalties. The severity of the penalties depends on the nature and extent of the breach, but the regulations provide a clear framework for addressing any violations to maintain the high safety standards required in civil aviation. In summary, the key provisions of the Civil Aviation Amendment Order (No. R6) 2004 focus on updating section 20.7.1 of the Civil Aviation Orders to align with the Legislative Instruments Act 2003. These provisions mandate specific weight limitations for piston-engined aeroplanes exceeding 5,700 kg, which must be adhered to by all relevant parties. Non-compliance with these weight limitations can result in significant penalties, including fines and the potential suspension or revocation of licences, highlighting the importance of strict adherence to aviation safety regulations.