Civil Aviation Order 95.8 Amendment Order (No. 1) 2006

Overview

The Civil Aviation Act 1988, enacted to regulate civil aviation within Australia and ensure the safety of air navigation, authorised the Governor-General to make regulations in the interests of safety. In line with this objective, the Civil Aviation Order 95.8 Amendment Order (No. 1) 2006 was introduced to address a specific issue regarding the operation of sport and recreational aircraft in controlled airspace, particularly Class E airspace. This amendment allows such aircraft to operate under Visual Flight Rules in visual meteorological conditions within Class E airspace, previously restricted under existing regulations. This legislative instrument was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) and is subject to the tabling and disallowance processes outlined in the Legislative Instruments Act 2003. Given its minor and machinery nature, consultations and a Regulation Impact Statement were deemed unnecessary. The amendment aims to streamline operations for sport and recreational aircraft while maintaining safety standards.

Scope and Application

The Civil Aviation Order 95.8 Amendment Order (No. 1) 2006 amends the Civil Aviation Regulations 1988 to allow sport and recreational aircraft operations under Visual Flight Rules to be flown in Class E airspace in visual meteorological conditions. The Civil Aviation Order 1988, under which this amendment has been made, is subject to the Civil Aviation Act 1988, which provides the regulatory framework for civil aviation in Australia. This amendment applies to aircraft, persons, and entities involved in sport and recreational aviation, specifically permitting operations in Class E airspace under certain conditions. This regulation has a national reach across Australia, as the Civil Aviation Act 1988 operates within the Commonwealth jurisdiction. The amendment extends the current exemptions for sports aviation aircraft but restricts their operations within the specified conditions, such as maintaining visual meteorological conditions and not entering other controlled airspace without clearance. The authority to make this amendment arises from the Civil Aviation Act 1988 and the Legislative Instruments Act 2003, with the amendment being classified as a disallowable instrument subject to parliamentary oversight.

Key Provisions

The Civil Aviation Order 95.8 Amendment Order (No. 1) 2006 amends the Civil Aviation Order 95.8 to allow sport and recreational aircraft to operate in Class E airspace under Visual Flight Rules (VFR) in Visual Meteorological Conditions (VMC). This is achieved by modifying the existing prohibition on flying these types of aircraft within controlled airspace, which previously included Class E airspace, to exclude such operations under VFR in VMC. This amendment is a result of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, where the Civil Aviation Safety Authority (CASA) has the authority to issue directions and exemptions under specific circumstances. The amendment is made under the power given by section 98 of the Act and regulation 5 of the CAR 1988, which allows CASA to issue Civil Aviation Orders and exemptions subject to conditions. This amendment imposes obligations on aircraft operators and pilots who wish to fly sport and recreational aircraft in Class E airspace under VFR in VMC. They must ensure that they comply with all other relevant provisions of the Civil Aviation Regulations 1988, as the exemption only applies to the specific condition of flying in Class E airspace under VFR in VMC. The exemption does not remove the requirement for aircraft to be airworthy, for pilots to hold the appropriate licence and medical certificate, and for the aircraft to be insured. The operators and pilots must also be aware of and comply with any other conditions that CASA may impose as part of the exemption process. There are no specific offences or penalties outlined in the amendment for breach of the new provisions, as the amendment itself does not introduce new regulatory requirements but rather modifies existing ones. However, any breach of the Civil Aviation Regulations 1988, including flying a sport or recreational aircraft in a manner not permitted by the regulations or by any exemption granted by CASA, could result in civil or criminal penalties. The maximum penalties for breaches of the Civil Aviation Act 1988 can include substantial fines and imprisonment, depending on the severity of the breach and whether it is a civil or criminal matter. Civil penalties can include fines up to $22,200 for individuals and $111,000 for corporations, while criminal penalties can include fines up to $165,000 for individuals and $825,000 for corporations, along with potential imprisonment terms. The amendment is a legislative instrument under the Legislative Instruments Act 2003, which means it is subject to parliamentary scrutiny and can be disallowed by either house of Parliament within a specified period. The amendment was not subject to consultation or a Regulation Impact Statement as it is considered minor and of a machinery nature. The amendment commences on the day after it is registered, and it was made by the Director of Aviation Safety on behalf of CASA, in accordance with the Civil Aviation Act 1988.