EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS
EXEMPTION UNDER REGULATION 308
Regulation 308 of the Civil Aviation Regulations provides that the Civil Aviation Authority may exempt an aircraft, or persons associated with an aircraft, from compliance with the provisions of the Civil Aviation Regulations. Such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Mr W Moyes has developed, tested and demonstrated two 3-axis ultra light aeroplanes for the purposes of aerotowing of hang gliders. Mr Moyes now proposes to arrange for the aeroplanes to be certificated for series production. In the interim, Mr Moyes wishes to continue using the 2 prototype aeroplanes for the purpose for which they were designed.
The aeroplanes would ordinarily fall within the aircraft that are exempted from the Civil Aviation Regulations under section 95.10 of the Civil Aviation Orders. However, aircraft to which that section applies are not permitted to tow hang gliders. Only aircraft to which section 95.32 of the Civil Aviation Orders applies may undertake the aerotowing of hang gliders.
To allow the 2 prototype aircraft to undertake the operations for which they were designed and built, they have been specifically exempted from the operation of the same provisions of the Civil Aviation Regulations as applies to other aircraft to which section 95.10 of the Civil Aviation Orders applies but with specific provision being made for the aircraft to tow hang gliders.
The attached instrument gives the necessary exemption.
The exemption commenced on gazettal.