Commonwealth legislation

CASA EX57/16 - Exemption — for seaplanes

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This Act has been repealed and is no longer in force. It is retained for historical reference.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 exemption allows seaplane pilots to fly lower and closer to obstacles or populated areas than normally permitted by aviation safety rules.

Normally, the Civil Aviation Regulations 1988 require aircraft to maintain minimum heights and horizontal distances from obstacles and people on the ground. This instrument creates exceptions for float-equipped aircraft (seaplanes) when taking off from or landing on water.

Pilots may disregard these minimum distance rules when:

Navigating around obstacles
Minimising noise over populated areas — provided this does not compromise safety
Positioning for an emergency water landing if the engine fails

Key conditions:

Pilots must follow air traffic control directions (unless in an emergency)
The pilot must personally determine that it is safe to fly closer than the rules usually allow
The exemption applies only to specific paragraphs of the Civil Aviation Regulations 1988 (regulation 166A(2)(d), (e) and (f))

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Current sections

Direct links to the current provisions in CASA EX57/16 - Exemption — for seaplanes.

CASA EX57/16 - Exemption — for seaplanes

Instrument number CASA EX57/16

I, GERARD john CAMPBELL, Executive Manager, Operations Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed G.J. Campbell]

Gerard J. Campbell
Executive Manager
Operations Division

30 March 2016

Exemption — for seaplanes

1 Duration

This instrument:

(a) commences on 1 April 2016; and

(b) expires at the end of 31 March 2019, as if it had been repealed by another instrument.

2 Application

This instrument applies to the pilot in command of a float-equipped or floating‑hull aeroplane (a seaplane) which when taking-off from, or landing on, water is flown:

(a) to avoid an obstacle; or

(b) without affecting the safety of air navigation — to avoid undue noise over a populous area; or

3 Exemption

The pilot in command of a seaplane is exempt from compliance with paragraphs 166A (2) (d), (e) and (f) of the Civil Aviation Regulations 1988 (CAR 1988).

4 Conditions

The exemption is subject to the conditions mentioned in Schedule 1.

Schedule 1 Conditions

1 Except in an emergency, the pilot in command must comply with any directions given by air traffic control.

2 The pilot in command may land or take off under the exemption only if he or she considers that, in the particular circumstances, it is safe not to comply with paragraph 166A (2) (d), (e) or (f) of CAR 1988.

Source text

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

1 CASA EX57/16 - Exemption — for seaplanes