Civil Aviation Order 95.55 Amendment Order (No. 1) 2006

Overview

The Civil Aviation Order 95.55 Amendment Order (No. 1) 2006 is an amendment to the Civil Aviation Order 1988, enacted to address a specific regulatory gap concerning the operation of sport and recreational aircraft within controlled airspace. The Civil Aviation Act 1988 provides the authority for the Governor-General to make regulations, including those related to the safety of air navigation, while Regulation 5 of the Civil Aviation Regulations 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions, notifications, permissions, approvals, and authorities through Civil Aviation Orders. The amendment was made in response to the current restriction that prevents sport and recreational aircraft from operating in Class E airspace under Visual Flight Rules, despite the fact that such operations do not require Air Traffic Control clearance under these conditions. This legislative amendment allows for more flexibility and operational capability for sport and recreational pilots by permitting them to fly in Class E airspace, thus addressing a specific regulatory constraint while maintaining safety standards. The amendment was introduced by the Director of Aviation Safety on behalf of CASA and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Order 95.55 Amendment Order (No. 1) 2006 amends the existing Civil Aviation Order 95.55 to allow sport and recreational aircraft to operate under Visual Flight Rules (VFR) in Class E airspace under specific conditions, namely in Visual Meteorological Conditions (VMC). This amendment applies to persons and entities involved in the operation of sport and recreational aircraft, extending specifically to the aviation industry and related conduct within the parameters set by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. The jurisdictional reach of this amendment is national, given that it pertains to regulations made under the authority of the Commonwealth of Australia. The amendment does not introduce new exclusions or thresholds but modifies existing conditions for certain exemptions. Subordinate instruments, such as the Civil Aviation Orders, may further extend or specify the application of these amendments. This amendment, being a legislative instrument, is subject to tabling and disallowance in the Parliament, as per the Legislative Instruments Act 2003, although formal consultation and a Regulation Impact Statement were deemed unnecessary due to the minor and machinery nature of the changes.

Key Provisions

The main operative sections of the Civil Aviation Order 95.55 Amendment Order (No. 1) 2006 (the Amendment Order) pertain to the Civil Aviation Regulations 1988 (CAR 1988). Specifically, the Amendment Order modifies the conditions under which sport and recreational aircraft can operate within Class E airspace under Visual Flight Rules (VFR) in Visual Meteorological Conditions (VMC) (sections 98 and 308(3) of CAR 1988). These provisions, previously prohibiting such operations in Class E airspace, have been updated to allow them, thereby broadening the operational flexibility for these types of aircraft within the specified conditions. The Amendment Order imposes several obligations on the parties and entities it governs. Most notably, it requires that any sport and recreational aircraft operating under VFR in Class E airspace must do so under VMC. Furthermore, the conditions set by the Civil Aviation Safety Authority (CASA) must be adhered to when obtaining exemptions from certain compliance requirements of CAR 1988. Operators of such aircraft must ensure that they are aware of and comply with these conditions to avoid any legal repercussions. Failure to comply with the provisions of the Amendment Order can result in various civil and criminal consequences. The exact penalties are not specified in the Amendment Order but would typically include fines, revocation of permits or authorisations, or other enforcement actions as prescribed under the Civil Aviation Act 1988 (the Act) and the Civil Aviation Regulations 1988. The severity of these penalties would depend on the nature and extent of the breach. The Amendment Order is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA). It has been declared a disallowable instrument under subsection 95(5) of the Act, meaning that it must be tabled in Parliament and can be disallowed if either House of Parliament passes a resolution to that effect. However, consultations under section 17 of the LIA were not undertaken as the amendment is minor and of a machinery nature, and no Regulation Impact Statement is required for the same reason. The Amendment Order commences on the day after it is registered and has been made by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 84A(2) of the Act.