Civil Aviation Order 95.12 Amendment Order (No. 2) 2006

Overview

The Civil Aviation Order 95.12 Amendment Order (No. 2) 2006, enacted by the Commonwealth of Australia, was introduced to amend the existing regulations concerning the operation of single-place gyroplanes under the Civil Aviation Regulations 1988 (CAR 1988). This legislative instrument aims to address the need for flexibility in the operation of gyroplanes, specifically by allowing gyroplanes to operate at heights exceeding 500 feet or within 8 kilometres of a registered or certified aerodrome under certain conditions. The order was created under the authority of section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation, and it was implemented by the Civil Aviation Safety Authority (CASA) in accordance with subsection 84A(2) of the Act. The policy objective behind these amendments is to facilitate safer and more efficient operations of gyroplanes while ensuring that safety standards are maintained. The amendments were developed through consultation with affected parties, including the Standards Consultative Committee, and do not require formal consultation as they are considered minor or machinery in nature.

Scope and Application

The Civil Aviation Order 95.12 Amendment Order (No. 2) 2006 amends the Civil Aviation Order 95.12, which pertains to certain single-place gyroplanes, under the authority conferred by the Civil Aviation Act 1988. This amendment applies to pilots who operate single-place gyroplanes and are either associated with the aircraft or operating it, allowing for modifications in the conditions under which these aircraft can be flown. Specifically, the amendment modifies the restriction on the altitude and proximity to aerodromes for gyroplanes by permitting operations above 500 feet or within 8 kilometres of a certified or registered aerodrome provided the pilot holds a valid gyroplane pilot certificate endorsed for such activities and adheres to the Australian Sport Rotorcraft Association’s operations manual. The amendment is subject to disallowance under the Legislative Instruments Act 2003 and is deemed a legislative instrument, necessitating its tabling and potential disallowance in Parliament. Although formal consultation is not mandated due to the minor nature of the amendments, the Civil Aviation Safety Authority (CASA) has engaged with most affected parties to discuss and gather feedback on the proposed changes. The amendment commences on the day following its registration and has been issued by the Director of Aviation Safety on behalf of CASA in line with the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Order 95.12 Amendment Order (No. 2) 2006 primarily modifies the existing Civil Aviation Order 95.12, which pertains to the operation of certain single place gyroplanes. Under the Civil Aviation Regulations 1988 (CAR 1988), gyroplanes are restricted to a maximum flight height of 500 feet above ground level and must maintain a distance of at least 8 kilometres from any registered or certified aerodrome unless otherwise specified. The amendment introduced by this Order allows gyroplanes to exceed these restrictions if the pilot holds a valid gyroplane pilot certificate that includes an endorsement for such operations and adheres to the Australian Sport Rotorcraft Association's operations manual. This flexibility is aimed at enhancing operational capabilities while maintaining safety standards. The obligations imposed by the amended Order on the parties involved, specifically the pilots of single place gyroplanes, include obtaining the necessary endorsements on their pilot certificates and strictly following the operations manual prescribed by the Australian Sport Rotorcraft Association. These measures ensure that the modifications do not compromise safety and that pilots are adequately prepared for the increased operational scope. CASA retains the authority to issue further directions, notifications, or permissions as required to enforce these conditions, reflecting the regulatory oversight inherent in civil aviation safety protocols. In terms of enforcement and compliance, the Civil Aviation Order 95.12 Amendment Order (No. 2) 2006 does not explicitly outline specific offences or penalties for non-compliance within the Order itself. However, broader aviation regulations and the Civil Aviation Act 1988 provide for potential civil or criminal penalties for violations. Such penalties can include fines or imprisonment, depending on the severity of the breach and the discretion of the court. The overarching objective remains the preservation of air navigation safety and adherence to regulatory standards. The legislative process for this amendment, as detailed in the Legislative Instruments Act 2003, requires that the Order be declared a disallowable instrument, which is subject to tabling and potential disallowance in Parliament. This procedural requirement ensures that the amendments are subject to parliamentary scrutiny, maintaining checks and balances within the legislative framework. The Office of Regulation Review determined that a Regulation Impact Statement was not necessary due to the minor and machinery nature of the amendments. Consequently, the Order came into effect the day after its registration, formalising the changes and allowing for their immediate implementation in accordance with CASA's regulatory authority.