EXPLANTORY STATEMENT

CIVIL AVIATION REGULATIONS 1988

CIVIL AVIATION ORDERS

REVOCATION AND REPLACEMENT OF SECTION 95.7.3

EXEMPTION OF CERTAIN HELICOPTERS FROM COMPLIANCE WITH THE PROVISIONS OF SUBREGULATION 174B (2) OF THE CIVIL AVIATION REGULATIONS 1988

Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) may, among other things, exempt an aircraft from compliance with specified provisions of car 1988.  Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety. 

Section 95.7.3 of the Civil Aviation Orders (the Orders) contained an exemption from subregulation 174B (2) of CAR 1988.  The exemptions applied only to helicopters engaged in charter operations at night for hire or reward for the purpose of transferring marine pilots.

Subregulation 174B (2) of CAR 1988 prohibits the conduct of single engine aircraft at night under the Visual Flight Rules in charter operations that involve the carrying of passengers for hire or reward unless certain conditions are met.  Section 95.7.3 of the Orders permitted the carriage of marine pilots without meeting those conditions.  The flight crew must however have been trained for such operations and the aircraft had to carry certain equipment.

This Order revokes and remakes section 95.7.3.  This has been done as part of a scheme to review the Civil Aviation Orders, and, in particular, to ensure that they are in a position to meet the technical requirements of the Legislative Instruments Act 2003 when it comes into effect on 1 January 2005.  The remake does not involve any changes in existing law or policy in the Order.  The Order is being remade solely for the purpose of ensuring compliance and consistency with the Legislative Instruments Act 2003 when it commences on 1 January 2005.  However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.

The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the remake is of a minor or machinery of government nature.

The Order has been issued by the Director of Aviation Safety in accordance with subsection 84A (2) of the Civil Aviation Act 1988.

The Order came into effect on gazettal.

[Civil Aviation Amendment Order (No. R62) 2004]