EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 376
ISSUED BY THE AUTHORITY OF THE MINISTER FOR TELECOMMUNICATIONS AND AVIATION SUPPORT
CIVIL AVIATION REGULATIONS (AMENDMENT)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides in part that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to the Act and, in relation to safety of air navigation, with respect to any other matter in respect of which Parliament has power to make laws.
Subregulation 250(1) of the Civil Aviation Regulations (the Regulations) provides that a person shall not be carried on or in any part of an aircraft that is not designed to accommodate crew or passengers, or in anything attached to the aircraft subject to provisions for aircraft repairs or adjustments and for access to goods or stores, and subject to the exception in subregulation 250(2) of the Regulations.
Subregulation 250(2) of the Regulations provides that a person may, with the permission of the Civil Aviation Authority (the CAA) in respect of a particular flight, particular kinds of flight or flights in a series of flights, be carried in or on part of, or in or on anything attached to, a helicopter, that is not designed to accommodate crew or passengers. Such permission may be subject to conditions.
The Regulations amend subregulation 250(2) by replacing references to “a helicopter” in that subregulation with references to “an aircraft”.
The purpose of the amendment is to enable the CAA to give permission for wing-walking on fixed wing aircraft. Wing-walking describes an aerial stunt consisting of a person riding outside a flying aircraft, on its wings, fuselage or landing gear, either strapped into a form of secured safety-harness or other device, or moving about the outside of the aircraft. It is intended that the CAA will give permission for wing-walking only at air displays or for motion picture production and that appropriate conditions will be applied.
The Statutory Rules came into operation on the date of their notification in the Gazette.