Civil Aviation Amendment Regulations 2002 (No. 5) 2002 No. 266
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 266
Issued by the authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2002 (No. 5)
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act including in relation to the safety of air navigation.
There are currently 2 sets of aviation safety regulations made under section 98: the Civil Aviation Regulations 1988 (the 1988 Regulations) and the Civil Aviation Regulation 1998 (the principal Regulations). As part of an extensive review of the aviation safety regulatory requirements in Australia, the 1988 Regulations are gradually being replaced by the principal Regulations. However, both sets of Regulations will continue to operate concurrently over the next several years until the 1988 Regulations have been completely replaced by the principal Regulations.
Part 101 of the principal Regulations covers the operation of unmanned balloons, rockets, a new class of -aircraft called Unmanned Aerial Vehicles (UAVs) (which include model aircraft and other unmanned aircraft) and firework displays. Part 101 was made on 21 December 2001 and took effect on 1 July 2002.
The Regulations amend the principal Regulations to include in Part 101 exemptions from various requirements in the 1988 Regulations that are not relevant to UAVs, such as requirements relating to the carriage of passengers, responsibilities of flight crew, aircraft performance and the restriction on the operation of UAVs in certain locations.
The amendments were necessary to overcome a technical drafting error which occurred when Part 101 was made in December 2001. Initial drafting of the exemption provisions in Part 101 was based on an outdated version of the 1988 Regulations. An earlier amendment of the 1988 Regulations in December 1999 had the effect of altering all the Part numbers within those Regulations. This amendment was overlooked when Part 101 was made. The result was that the exemption of UAVs from compliance with Parts 9 and 14 of the 1988 Regulations, essential for the proper operation of Part 101, was inadvertently omitted. Without these exemptions, UAVs are technically required to comply with requirements in the 1988 Regulations that were not intended to apply to UAVs.
Part 9 of the 1988 Regulations regulates aerodromes and their use. The provisions in Part 9 are inappropriate for UAVs. For example, regulation 92 provides in part that an aircraft must only take-off from, or land at, areas that are licensed aerodromes or are otherwise suitable for use as aerodromes. As part of their normal operation, UAVs are required to take-off from, or land at, places that may not be licensed or may otherwise be inappropriate for use as aerodromes by normal aircraft. Unless UAVs are exempted from requirements such as regulation 92, they will not be able to operate in the way originally intended.
Part 14 of the 1988 Regulations deals with the safety of commercial operations in normal aircraft. The requirements in Part 14 relating to the carriage of passengers, responsibilities of flight crew and aircraft performance are inappropriate for UAVs and it is therefore necessary to exempt UAVs from such requirements.
Equivalent provisions to ensure the safety of commercial UAV operations, where appropriate, have been incorporated in Part 101.
The Office of Regulation Review (ORR) advises that the preparation of a Regulation Impact Statement is not mandatory for the amendment, which is considered to be minor or machinery in nature and does not substantially alter existing arrangements.
The Regulations are expressed to commence on 1 July 2002 to coincide with the commencement of Part 101 of the principal Regulations. In accordance with subsection 48(2) of the Acts Interpretation Act 1901, the Civil Aviation Safety Authority (CASA) is satisfied that the retrospective commencement of the Regulations:
(a) will not disadvantage the rights of any person as at the date of notification of the Regulations; and
(b) will not impose liabilities on any person in relation to anything done or omitted to be done before the notification of the Regulations.
Overview
The Civil Aviation Amendment Regulations 2002 (No. 5), enacted under the authority of the Minister for Transport and Regional Services, address a technical drafting error that occurred when the Civil Aviation Regulations 1998 (the principal Regulations) were established. Specifically, the amendment rectifies an oversight that omitted essential exemptions for Unmanned Aerial Vehicles (UAVs) from certain requirements in the Civil Aviation Regulations 1988 (the 1988 Regulations). These omissions inadvertently made UAVs subject to inappropriate regulations concerning aerodromes and commercial operations, hindering their intended operation. The policy objective of these regulations is to ensure the safe operation of UAVs by exempting them from outdated and irrelevant requirements, thereby facilitating the proper use of this emerging technology within the aviation sector.
Scope and Application
The Civil Aviation Amendment Regulations 2002 (No. 5) amends the Civil Aviation Regulations 1998 to correct a technical drafting error that inadvertently omitted essential exemptions for Unmanned Aerial Vehicles (UAVs) from certain requirements in the Civil Aviation Regulations 1988. These exemptions are crucial for the proper operation of UAVs, which include model aircraft and other unmanned aircraft, and ensure that they are not subject to inappropriate regulations such as those relating to the carriage of passengers, flight crew responsibilities, and aircraft performance standards. The amendments apply to the operation of UAVs, which are being progressively regulated under the Civil Aviation Regulations 1998 as part of an ongoing review and consolidation of aviation safety regulations in Australia. The regulations commence on 1 July 2002 and have a retrospective effect, which the Civil Aviation Safety Authority (CASA) has determined will not disadvantage any persons or impose liabilities in relation to actions taken prior to the notification of the Regulations.
Key Provisions
The Civil Aviation Amendment Regulations 2002 (No. 5) are amendments to the Civil Aviation Regulations 1998 (principal Regulations) under section 98 of the Civil Aviation Act 1988 (the Act). These amendments were introduced to correct a drafting error in the original regulations concerning unmanned aerial vehicles (UAVs), also known as model aircraft and other unmanned aircraft, and to provide exemptions from certain requirements in the Civil Aviation Regulations 1988 (1988 Regulations) that are not applicable to UAVs (section 1). The primary focus is to ensure that UAVs can operate in a manner consistent with their intended use, without being constrained by requirements that are only relevant to manned aircraft (section 1).
The Regulations impose obligations on parties operating UAVs to comply with the specific provisions in Part 101 of the principal Regulations, which governs the operation of UAVs, unmanned balloons, rockets, and firework displays. These obligations include adhering to safety standards and operational guidelines tailored for UAVs, which are distinct from the requirements for manned aircraft. For instance, operators must ensure that UAVs are not required to comply with provisions related to the carriage of passengers, flight crew responsibilities, and aircraft performance, which are inappropriate for unmanned operations (section 1). The amendments also require operators to ensure that UAVs are exempt from certain operational restrictions, such as the requirement to operate only from licensed aerodromes, which can be impractical for the intended use of UAVs.
Breaches of the amended regulations may not explicitly outline specific offences, penalties, or consequences within the provided text. However, general provisions under the Civil Aviation Act 1988 allow for enforcement actions against non-compliance with aviation regulations. This could include administrative penalties, enforcement actions by the Civil Aviation Safety Authority (CASA), or legal proceedings that could result in fines or other sanctions. The retrospective commencement of these Regulations on 1 July 2002 ensures that they apply to actions taken before their notification, provided no disadvantages or liabilities are imposed on individuals as a result (section 1). Operators of UAVs must be aware of these obligations and ensure compliance to avoid potential enforcement actions or liabilities.