Exemption Number 01/1993 - Exemption

Overview

The Civil Aviation Regulations 1988 were enacted to provide a comprehensive regulatory framework for civil aviation in Australia. One specific regulation, Regulation 308, allows the Civil Aviation Authority to exempt aircraft or associated persons from compliance with certain provisions of the Civil Aviation Regulations. This regulatory flexibility is essential for accommodating unique operational needs while maintaining safety standards. In the case of Mr. W Moyes, who has developed and tested two 3-axis ultra-light aeroplanes designed for aerotowing of hang gliders, an exemption was granted to permit these prototypes to continue operations pending their certification for series production. This exemption addresses the problem of allowing these specific aircraft to perform their intended function of towing hang gliders, which is not permitted under the standard exemption for ultra-light aircraft. The exemption aligns with the policy objective of balancing operational needs with aviation safety standards.

Scope and Application

The Civil Aviation Regulations, under Regulation 308, permit the Civil Aviation Authority to exempt specific aircraft or associated persons from certain provisions of the Regulations. This exemption applies to Mr. W. Moyes who has developed, tested, and demonstrated two 3-axis ultra-light aeroplanes for the aerotowing of hang gliders, intending to certificate them for series production. The exemption allows Mr. Moyes to continue using the two prototype aeroplanes for their intended purpose while being exempt from the usual requirements of the Civil Aviation Regulations. These aeroplanes are generally exempt from the Regulations under section 95.10 of the Civil Aviation Orders; however, that exemption does not permit them to tow hang gliders. Instead, only aircraft exempt under section 95.32 of the Orders may undertake such operations. The exemption provided ensures that Mr. Moyes’ aeroplanes can legally perform aerotowing operations, while still adhering to other relevant regulatory requirements. The exemption applies nationally and commenced on the date of its gazettal.

Key Provisions

The Civil Aviation Regulations (1988) under Regulation 308 empower the Civil Aviation Authority (CAA) to grant exemptions to aircraft or associated persons from certain regulatory provisions. This regulation ensures that such exemptions are subject to disallowance under the Acts Interpretation Act 1901. In this specific case, Mr. W Moyes, who has developed and tested two 3-axis ultralight aeroplanes for the purpose of aerotowing hang gliders, seeks to continue using these prototypes while arranging for series production certification. The aeroplanes would ordinarily be exempt from compliance with the Civil Aviation Regulations under section 95.10 of the Civil Aviation Orders. However, due to the nature of their intended operations, they cannot tow hang gliders under the existing exemptions. To address this, a tailored exemption has been issued to allow Mr. Moyes’ prototypes to perform their intended aerotowing activities. Under this exemption, Mr. Moyes' aeroplanes are relieved from the standard provisions of the Civil Aviation Regulations that apply to other aircraft exempted under section 95.10 of the Civil Aviation Orders, while being permitted to tow hang gliders. This tailored exemption ensures that the aeroplanes can continue their designated operations without the restriction that applies to other ultralight aircraft. The exemption aligns with the specific requirements and operational intent of Mr. Moyes’ prototypes, facilitating their use in aerotowing hang gliders while maintaining the safety and regulatory standards set forth by the CAA. The exemption imposes specific obligations on Mr. Moyes and the entities associated with the aeroplanes. It requires adherence to the conditions set out in the exemption instrument, ensuring that the aircraft are operated in a manner that does not compromise safety or regulatory compliance. Additionally, Mr. Moyes must ensure that any modifications or continued use of the aeroplanes comply with the terms of the exemption and any other applicable aviation regulations. This includes maintaining records of the operations and any modifications made to the aircraft, as well as reporting any incidents or safety concerns to the CAA. Failure to comply with the conditions of the exemption or any other relevant aviation regulations may result in civil or criminal penalties. Under the Civil Aviation Act 1988, breaches of aviation regulations can result in significant fines and potential imprisonment. For instance, the maximum penalty for a serious breach of the Civil Aviation Regulations can include fines up to $500,000 for individuals and $2.5 million for corporations, along with imprisonment for up to five years. Additionally, the exemption itself being a disallowable instrument means that any breach could lead to the exemption being overturned, leaving Mr. Moyes’ operations non-compliant with the Civil Aviation Regulations.