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]
Overview
The Civil Aviation Regulations 1998 Amendment of Section 95.12 Gyroplanes Having an Empty Weight Not in Excess of 250 Kilograms (F2005L01504) was enacted in 2005 to address the restriction on fuel capacity for gyroplanes used solely in private operations for recreational purposes. The amendment was introduced to remove the limitation on the maximum fuel capacity of 36 litres, as the Civil Aviation Safety Authority (CASA) found no safety reason for such a restriction. By lifting this limit, the legislation aims to allow gyroplanes meeting the weight limitation to fully benefit from the exemptions provided in Section 95.12. This legislative instrument, subject to tabling and disallowance in the Parliament, was issued by CASA under the Civil Aviation Act 1988, with consultation from the Australian Sport Rotorcraft Association, which agreed with the proposal. The Office of Regulation Review determined that a Regulation Impact Statement was not necessary for this amendment.
Scope and Application
The Civil Aviation Regulations 1998 Amendment of Section 95.12 applies specifically to gyroplanes with an empty weight not exceeding 250 kilograms, which are used solely in private operations for recreational purposes. This amendment to Civil Aviation Order 95.12, made under the authority granted by Section 98 of the Civil Aviation Act 1988, removes the previous restriction on the maximum fuel capacity of 36 litres for these gyroplanes. The Civil Aviation Safety Authority (CASA) determined that there is no safety rationale for limiting the fuel capacity, and this restriction inadvertently prevented many eligible gyroplanes from benefiting from the exemptions provided under Section 95.12. The amendment, issued as a legislative instrument under the Legislative Instruments Act 2003, has been subject to consultation with relevant parties, including the Australian Sport Rotorcraft Association, which supported the proposal. The amendment does not require a Regulation Impact Statement and has been registered under the LIA, ensuring its validity and enforceability within the regulatory framework.
Key Provisions
The Civil Aviation Regulations 1998 Amendment (No. 1) 2005 modifies section 95.12 of the Civil Aviation Regulations 1998 (CAR 1998), which concerns exemptions for gyroplanes with an empty weight not exceeding 250 kilograms. Specifically, subregulation 308(1) of CAR 1998 allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft and their operators from specified regulatory requirements, and Regulation 5 allows CASA to issue Civil Aviation Orders (CAOs) for these purposes. The amendment removes the previous restriction on the fuel capacity of these gyroplanes, allowing for unlimited fuel capacity in private recreational operations. This change is intended to increase the number of eligible gyroplanes that can benefit from the exemptions provided under section 95.12 without compromising safety, as CASA has determined that the fuel capacity limitation is not necessary for safety reasons.
The amendment imposes specific obligations on CASA regarding the administration and enforcement of the new rules. CASA must ensure that the changes are implemented through appropriate updates to CAO 95.12, thereby facilitating compliance by gyroplane operators. The amendment also requires CASA to monitor compliance and take necessary action if any operator fails to adhere to the new provisions. Moreover, CASA must provide clear and accessible information to all affected parties, including gyroplane owners and operators, to ensure they understand and can comply with the new requirements.
Breaches of the amended regulations may result in various consequences, depending on the nature and severity of the violation. The Civil Aviation Act 1988 provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines and other monetary sanctions, while criminal penalties may involve imprisonment or fines, depending on the offence's seriousness. The maximum penalties for contravening the amended regulations can vary but are typically aligned with those specified under the Act for similar regulatory breaches. CASA retains the authority to enforce these penalties, ensuring that all gyroplane operators adhere to the amended provisions.