EXPLANATORY STATEMENT

CIVIL AVIATION ACT 1988

CIVIL AVIATION REGULATIONS 1988

CIVIL AVIATION ORDERS

PERMISSION TO FLY OVER A PUBLIC GATHERING

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.

Regulation 156 of the Civil Aviation Regulations 1988 (the Regulations) provides that an aircraft shall not be flown over any regatta, race meeting or public gathering except with the permission, in writing, of CASA and in accordance with the conditions specified in the permit. 

Subparagraph 4.2 (2) of section 29.4 of the Civil Aviation Orders (the Orders) provides that an aircraft in flight below 1500 feet above ground level shall not track or manoeuvre towards spectators within a horizontal distance of 500 metres or pass within 200 metres horizontal distance from spectators. 

Regulation 5A of the Regulations provides that if CASA has issued a Civil Aviation Order that is not an Airworthiness Directive and later issues a prescribed direction or exemption that has the effect of repealing, amending, or otherwise affecting the operation of, anything in the Order, the prescribed direction or exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

The Royal Australian Air Force (RAAF) Museum has a number of ex-military and replica aircraft that are displayed from time to time at airshows.  The RAAF Museum evolved the concept of an interactive flying display where a pilot briefs visitors about particular aircraft which the visitors then view in flying exhibitions.  The RAAF Museum Interactive Flying Program (the Program) is to be held at Point Cook, Victoria.

For the purposes of the flying exhibitions to be conducted, permission is required from CASA to permit aircraft to be flown over a public gathering.  The permission is subject to conditions which set out horizontal distances from spectators that are different to the distances set out in subparagraph 4.2 (2) of section 29.4 of the Orders.  The horizontal distance from spectators is decreased for low speed aircraft but is increased for high speed or larger aircraft.  These horizontal distances are more consistent with the risk that the aircraft pose to air safety, and reflect best practices from the United Kingdom and United States of America.

The permission has been signed by a delegate of CASA.

The permission starts to have effect on 1 July 2003 and stops having effect at the end of June 2006.

[Instrument Number:  CASA 242/03]