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.
Overview
The Civil Aviation Regulations (Amendment) Statutory Rules 1997 were enacted to amend the Civil Aviation Regulations 1988, which are subsidiary legislation made under the Civil Aviation Act 1988. These regulations were issued by the authority of the Minister for Telecommunications and Aviation Support to address a specific gap in the existing regulatory framework concerning the carriage of individuals on parts of aircraft not designed for passengers, such as on the wings or other exterior parts. The amendment was introduced to allow the Civil Aviation Authority (CAA) to grant permission for wing-walking on fixed-wing aircraft, an aerial stunt involving a person riding outside a flying aircraft. The policy objective is to regulate such activities strictly, ensuring safety and permitting them only at air displays or for motion picture production under specified conditions.
The regulations amend subregulation 250(2) of the Civil Aviation Regulations by replacing references to "a helicopter" with "an aircraft", thereby extending the permission to carry individuals on parts of fixed-wing aircraft that are not designed for passengers. This change aims to provide the CAA with the necessary regulatory tools to control and supervise wing-walking activities safely, ensuring compliance with safety standards and operational protocols. The Statutory Rules came into operation on the date of their notification in the Gazette, marking the formal implementation of these amendments to enhance aviation safety and regulatory oversight.
Scope and Application
The Civil Aviation Regulations (Amendment) Statutory Rules 1998 No. 376, issued under the authority of the Minister for Telecommunications and Aviation Support, amend the Civil Aviation Regulations 1988 to extend the scope of regulatory oversight to include fixed-wing aircraft, in addition to helicopters, for activities such as wing-walking. This amendment applies to all persons, including operators and participants in aerial stunts, and all entities involved in the operation of aircraft within the Commonwealth of Australia. The amendment does not alter the geographic or jurisdictional reach of the Civil Aviation Regulations, which remain applicable across the entire Commonwealth, including states, territories, and national airspace. Any exclusions or exemptions from the regulations would need to be specifically outlined by the Civil Aviation Authority when granting permission for wing-walking activities. The amendment came into effect on the date of its notification in the Gazette, and it allows for the potential use of subordinate instruments to further refine the conditions and scope of wing-walking activities.
Key Provisions
The key operative sections of the Statutory Rules 1998 No. 376 amend subregulation 250(2) of the Civil Aviation Regulations to expand the scope of permissible activities related to carrying persons in non-passenger areas of aircraft. Specifically, the amendment removes the limitation that previously restricted such permissions to helicopters, allowing the Civil Aviation Authority (CAA) to now also give permission for such activities on fixed-wing aircraft (subregulation 250(2)). This change facilitates the regulation of wing-walking, an aerial stunt where a person rides on the wings, fuselage, or landing gear of an aircraft, either secured by a safety harness or otherwise (subregulation 250(1)).
The amended regulations impose certain obligations on the parties involved. The CAA is now tasked with the responsibility of granting permissions for carrying persons in non-passenger areas of aircraft, including fixed-wing aircraft, subject to certain conditions. These conditions are intended to ensure the safety of such activities, which are to be limited to air displays or motion picture productions (subregulation 250(2)). Additionally, any person or entity seeking to carry out such activities must obtain the requisite permissions from the CAA and adhere to the conditions attached to those permissions.
Failure to comply with the regulations can result in significant consequences. The Civil Aviation Act 1988 provides that any person who contravenes the regulations may be subject to penalties. While the specific penalties are not detailed in the explanatory statement, under the Civil Aviation Act, contraventions of regulations can lead to fines and, in serious cases, criminal charges. The maximum penalties for breaches can include substantial fines and imprisonment, reflecting the serious nature of safety violations in aviation.