Commonwealth legislation

CASA EX33/2004 - Exemption from the requirements of regulation 138 of Civil Aviation Regulations 1988

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This temporary exemption lets pilots of single-engine agricultural aircraft certified in the agricultural or restricted categories exceed the manufacturer’s published maximum take‑off weight when the airplane has a permanent jettison (hopper dump) system. It affects crop‑duster operations in private or aerial work roles, trading stricter weight limits for an emergency capability to instantly dump load if a takeoff emergency occurs, allowing fuller loads while preserving a rapid safety response.

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Current sections

Direct links to the current provisions in CASA EX33/2004 - Exemption from the requirements of regulation 138 of Civil Aviation Regulations 1988.

CIVIL AVIATION ACT 1988

CIVIL AVIATION REGULATIONS 1988

EXEMPTION FROM THE REQUIREMENTS OF CIVIL AVIATION

REGULATION 138

I, BRUCE ROBERT GEMMELL, Deputy Chief Executive and Chief Operating Officer, a delegate of the Civil Aviation Safety Authority, under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), and having taken into account all relevant considerations relating to the interests of safety, exempt pilots in command of the aeroplanes specified in Schedule 1 from compliance with the requirements of regulation 138 of CAR 1988 to the extent that the regulation requires a pilot in command to comply with the maximum take-off weight contained in a flight manual, or a placard or another document for the aeroplane.

SCHEDULE 1

Single engine aeroplanes engaged in private or aerial work operations and having:

(a) a certificate of airworthiness in the agricultural category or in the restricted category; and

(b) a permanently installed jettison system to allow the pilot in command to jettison in flight the contents of a hopper or vessel permanently installed in the aeroplane.

This instrument starts having effect on gazettal and ceases to have effect at the end of August 2006.

[Signed B. Gemmell]

Bruce Gemmell

Deputy Chief Executive and

Chief Operating Officer

31 August 2004

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

CIVIL AVIATION ACT 1988 CIVIL AVIATION ACT 1988