EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 258
CIVIL AVIATION REGULATIONS (AMENDMENT)
(ISSUED BY THE AUTHORITY OF THE MINISTER FOR SHIPPING AND AVIATION SUPPORT)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides in part that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Regulation 206 of the Civil Aviation Regulations, which defines “commercial purposes” for subsection 27(9) of the Act, provides, in subparagraph (b)(i), that charter purposes includes “the carriage of passengers for hire or reward to or from any place other than in accordance with fixed schedules”. Subparagraph 206(b)(i) applies to the practice of the holder of a private pilot licence sharing the costs of a flight with his or her passengers, although the flight is planned informally and undertaken for personal reasons common to the participants. As a result, cost-sharing led to breaches of the provisions of the Act and Regulations which are to be complied with by persons undertaking flights for commercial purposes.
The purpose of the amendments to regulation 2 of the Regulations is to allow cost-sharing flights to be classified as private operations if they are not advertised publicly and not run on a profit-making basis.
Details of the amending regulation are provided in the Attachment.
The amending regulation commenced on the date of its notification in the Gazette.
ATTACHMENT
Details of the Civil Aviation Regulations (Amendment)
The Regulation | - | in paragraph (a) inserts after subparagraph 2(7)(d)(v) a new subparagraph (va) which includes in private operations the carriage of persons in accordance with the new subregulation (7A). |
| | in paragraph (b) inserts after subregulation (7) a new subregulation (7A) which states that an aircraft that carries persons on a flight otherwise than in accordance with a fixed schedule between terminals, is employed on a private operation if: |
| | • | public notice of the flight has not been given by any form of public advertisement or announcement; and |
| | | the number of persons on the flight, including the operating crew, does not exceed 6; and |
| | | no payment is made for the services of the operating crew; and |
| | | the persons on the flight, including the operating crew, share equally in the costs of the flight; and |
| | | no payment is required for a person on the flight other than a requirement to share equally in the costs. |
Overview
The Civil Aviation Regulations (Amendment) Statutory Rules 1990 were introduced to address a gap in the existing regulations concerning the classification of flights involving cost-sharing arrangements between the pilot and passengers. The Civil Aviation Act 1988, as amended, allows the Governor-General to enact regulations for the safety of air navigation. Regulation 206 of the Civil Aviation Regulations originally defined "commercial purposes" to include charter flights, which inadvertently applied to flights undertaken by private pilots sharing flight costs with passengers, even if the flights were informal and not for profit. This created compliance issues as such flights were required to meet commercial standards. The objective of these amendments is to clarify that flights involving cost-sharing, where there is no public advertisement, no more than six people including the crew, and no payment for crew services, can be classified as private operations. This amendment aims to better align the regulations with the actual nature of these flights, thereby reducing unnecessary regulatory burdens on private pilots.
Scope and Application
The Civil Aviation Regulations (Amendment) applies to the operation of aircraft under the Civil Aviation Act 1988 and aims to clarify the definition of "commercial purposes" with respect to private flights involving cost-sharing among passengers. The amendment primarily targets private pilots who share the costs of flights with their passengers, which were previously considered commercial operations under subparagraph 206(b)(i) of the Civil Aviation Regulations. This amendment seeks to exempt such flights from being classified as commercial if they are not advertised publicly and are not operated on a profit-making basis. The amendment applies to flights involving up to six people, including the operating crew, where the costs are shared equally among the passengers and no payment is required beyond the shared costs. The amendment commenced on the date of its notification in the Gazette and is designed to ensure compliance with the safety and operational standards set out in the Civil Aviation Act 1988.
Key Provisions
The key provisions of the Civil Aviation Regulations (Amendment) are primarily found in regulation 2, which addresses the definition of "private operations" under the Civil Aviation Regulations. The amendment to paragraph (a) of regulation 2 introduces a new subparagraph (va) that specifies when flights can be classified as private operations. This change aims to clarify that certain cost-sharing flights can be considered private operations if they meet specific criteria (subsection 2(7)(d)(v)). The amendment to paragraph (b) of regulation 2 introduces a new subregulation (7A) that sets out the conditions under which an aircraft carrying persons on a flight not in accordance with a fixed schedule is employed on a private operation (subsection 2(7A)).
These conditions include that public notice of the flight must not be given by any form of public advertisement or announcement, the total number of persons on the flight, including the operating crew, must not exceed six, no payment can be made for the services of the operating crew, all persons on the flight, including the operating crew, must share equally in the costs of the flight, and no payment is required for a person on the flight other than sharing equally in the costs. These requirements are designed to ensure that the flight remains a private operation and does not inadvertently become a commercial activity.
The obligations imposed by these amendments on the parties involved are primarily related to adherence to the specified conditions for private operations. Flight operators must ensure that any cost-sharing flights they conduct are not advertised publicly, do not exceed the maximum number of passengers allowed, and do not involve any payment to the operating crew. All persons on the flight, including the operating crew, must share equally in the costs, and no additional payments are required beyond this cost-sharing arrangement. These obligations are crucial to maintain the distinction between private and commercial operations and to comply with the Civil Aviation Act 1988.
Failure to comply with the conditions set out in the amended regulations can lead to serious consequences. While the explanatory statement does not explicitly state the penalties, breaches of the Civil Aviation Act 1988 and the associated regulations can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment. The exact penalties would be determined based on the specific breach and the provisions of the Civil Aviation Act 1988. Ensuring compliance with these regulations is essential to avoid these potential legal repercussions.