EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1998
AMENDMENT OF SECTION 95.12
GYROPLANES HAVING AN EMPTY WEIGHT NOT IN EXCESS OF 250 KILOGRAMS
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that the Civil Aviation Safety Authority (CASA) may exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with specified provisions of CAR 1988.
Regulation 5 of CAR 1988 empowers CASA to issue any direction or notification or give a permission, approval or authority in Civil Aviation Orders (the CAOs).
CAO 95.12 contains exemptions applicable to gyroplanes having an empty weight not in excess of 250 kilograms and with a maximum fuel capacity of 36 litres used solely in private operations for recreational purposes.
This amendment removes the restriction on fuel capacity. CASA considers that there is no safety reason to limit the amount of fuel that may be carried on the gyroplanes. However, the restriction prevents many aircraft that meet the weight limitation from taking advantage of the exemptions in section 95.12.
The amendment is a legislative instrument by virtue of section 5 of the Legislative Instruments Act 2003 (the LIA). As a legislative instrument, the amendment is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
The Australian Sport Rotorcraft Association has been consulted on the amendment and agreed with the proposal. No other operators are affected.
The Office of Regulation Review has advised that a Regulation Impact Statement is not required.
The instrument has been lodged for registration under section 25 of the LIA together with a copy of this explanatory statement.
The CAO amendment has been issued by the Acting Director of Aviation Safety on behalf of CASA, under subsection 84A (2) of the Act.
[Civil Aviation Order 95.12 Amendment Order (No. 1) 2005]