Civil Aviation Order 95.8 Amendment Order (No. 2) 2006

Overview

The Civil Aviation Order 95.8 Amendment Order (No. 2) 2006 was enacted to address specific issues identified in the 1997 amendment of the original Order, particularly those concerning the operation of hang gliders in public settings. This Amendment Order was created under the authority of the Civil Aviation Act 1988, with the overarching objective of ensuring the safety of air navigation and rectifying unintended consequences that hindered the participation of hang gliders in public displays. The order was enacted by the Director of Aviation on behalf of the Civil Aviation Safety Authority (CASA) and is subject to parliamentary oversight and disallowance under the Legislative Instruments Act 2003. The policy objective was to streamline regulatory requirements to allow for public displays and participation of hang gliders while maintaining safety standards consistent with other recreational aircraft.

Scope and Application

The Civil Aviation Order 95.8 Amendment Order (No. 2) 2006 amends the Civil Aviation Order 95.8 to correct unintended consequences of a previous amendment. This Order applies to individuals and entities involved in the operation of hang gliders, particularly those intending to participate in public displays or events. Its jurisdictional reach is federal, as it pertains to regulations under the Civil Aviation Act 1988 and enforced by the Civil Aviation Safety Authority (CASA). The amendment removes certain exemptions for hang gliders from complying with specific provisions of the Civil Aviation Regulations 1988, thereby allowing CASA to impose conditions on the flying of hang gliders at public gatherings in line with other sport and recreational aircraft. Additionally, the Order allows for individual applications to CASA to potentially fly hang gliders without adhering to certain flight conditions, provided such applications are approved. The Order is subject to the Legislative Instruments Act 2003, which mandates its tabling and disallowance in Parliament, although no consultations or Regulation Impact Statement were required due to the minor nature of the amendments.

Key Provisions

The Amendment Order amends the Civil Aviation Order 95.8 (CAO 95.8) to address unintended consequences of the 1997 amendment, particularly concerning the operation of hang gliders. Section 308(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons involved in their operation, from certain regulations. The amendment removes the exemption for hang gliders from CAR 156, which previously made it difficult for these aircraft to participate in public displays or invite the public to such events. By removing this exemption and the prohibition on hang gliders flying at public gatherings, CASA is now able to regulate the conditions under which hang gliders can operate, aligning them with other sport and recreational aircraft. Furthermore, the Amendment Order allows hang gliders to be flown without complying with the flight conditions in paragraph 4.7 of CAO 95.8, provided that an application is made to CASA under the new paragraph 5.1 and is approved. Additionally, it updates paragraph 3.1 of the Order to reflect the repeal of Part 3 of CAR 1988. The Amendment Order imposes certain obligations on the parties involved, particularly those operating hang gliders. Under the updated regulations, operators of hang gliders must now comply with CAR 156, which governs the operation of these aircraft at public events. This means that hang glider operators must adhere to the same conditions as other sport and recreational aircraft, ensuring safety and consistency in air navigation. Additionally, operators must apply to CASA for exemptions from specific flight conditions if necessary, and obtain approval before doing so. The Amendment Order also removes the previous exemption that allowed certain hang glider operations without specific regulatory oversight, thus requiring operators to comply with all applicable regulations. Breach of the provisions in the Amendment Order can result in civil or criminal penalties, depending on the nature and severity of the violation. While the Explanatory Statement does not provide specific details on the penalties, violations of civil aviation regulations generally attract fines and other sanctions. For example, failure to comply with CAR 156 or to obtain the necessary approvals for exemptions can result in substantial fines. Furthermore, repeated or egregious violations may lead to more severe penalties, including potential imprisonment. The exact penalties would be determined based on the specific circumstances of each case, but the intent is to ensure that all hang glider operations are conducted safely and in accordance with the regulations. The Amendment Order is subject to the legislative process outlined in the Legislative Instruments Act 2003 (LIA). Under subparagraph 6(d)(i) of the LIA, the Amendment Order is considered a disallowable instrument, meaning it must be tabled and may be subject to disallowance in Parliament. However, as the Explanatory Statement indicates, consultations under section 17 of the LIA were not undertaken because the amendments are of a minor or machinery nature. Similarly, the Office of Regulation Review does not require a Regulation Impact Statement for these amendments. The instrument comes into effect on the day after it is registered, and it has been made by the Director of Aviation, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.