Air Law – The Law

In Australia there are commonly 3 laws:

• Statute Law:
  • Highest Law: Statute Law is decided on by the Cabinet (Parliament made up of House of Representatives and Senate) and enacted by the Governor-General, who holds the executive power of the Commonwealth.
  • Made by Parliament/Governor-General in the form of an Act:
    • -> Primary Legislation
    • E.g. Civil Aviation Act 1988
  • Strict Liability: establishes a code of behaviour we all must follow to protect the general public. e.g. speeding on the roads, it does not matter whether you intended to or not.
    • Each Penalty Unit = $210 (indexed every 3 years)
• Common Law – Judge-made Law.
  • E.g. High Court of Australia
• Equity Law – Remedies injustices brought about by Common Law

Governor-General acts on the advice of the Parliament creating:

• Civil Aviation Acts 1988 (CAA)
• Civil Aviation Safety Regulations 1998 (CASR)
• CAR 1988 are being replaced by CASR 1998

Civil Aviation Safety Authority (CASA) delegated to prescribe effective details of Regulations via:

• Manual of Standards (MOS)
• CAOs are being replaced by MOS to align w ICAO

CASR

• Part 47 Registration of Aircraft
• Part 64 Authorisation for non-licensed personnel (AROC)
• Part 67 Medical
• D Modified Austroads Medical Standards
• Part 92 Consignment and carriage of Dangerous Goods by Air
• Part 99 Drug and Alcohol Management Plans and Testing
• Part 101
• Part 175 Aeronautical information management – AIS providers (Notam)

MOS (Part 101)

How do you find these documents?

Go to the CASA website!

CASR 47

CASR 47C.2 Registration of medium, small, very small, micro and model aircraft.

If you operate an unregistered RPA:

• Penalty 50 pu (50 x $210)
• Must be older than 16years to register RPA
• 12 months registration
• Required to produce a copy of certificate of registration to CASA or Police

CASR 64

CASR 64.B Transmission on aeronautical radio frequencies.

Eligible for AROC if:

• At least 17 years
• Received training and assessed (Part 61)
• Aviation English Language Proficient Assessment

CAR 83 prohibits a person from transmitting on a radio frequency unless qualified to do so:

• 50pu (50 x $210)

CASR 67

CASR 67.D Modified Austroads Medical Standards

• Unconditional
• Conditional:
  • Uncorrected visual acuity < std
  • Corrected to 6/12 in one eye & 6/18 in other
• See Austroads Medical Standards website
  • Assessing fitness to drive

CASR 92

CASR 92 Carriage of Dangerous Goods:

• Batteries are Dangerous Goods
• Lithium, Lithium ion cells or batteries can create fire and harmful accidents if carried in flight, certain limitations apply when for personal use
• E.g. 2 Lithium ion batteries (8>25g) Carry-on only
• Need to confirm with airline before flying

CAA 23 Dangerous Goods carriage or consignment:

• Penalty 2-7years imprisonment

CASR 99

CASR 99 Drug & Alcohol Management Plans and Testing

• https://www.youtube.com/watch?v=N93CB6VCQ88SSAA Safety Sensitive Aviation Activity
• Accident: an occurrence resulting in death or serious harm to a person; or an occurrence resulting in serious damage to an aircraft or property

CASR 175

CASR 175 Aeronautical Information Management

Documentation within Aviation is controlled:

• i.e. charts, manuals etc are regularly amended and the organisations that do this have to follow rules to standardize
• When we raise a NOTAM (Notice to Airman) this is also controlled under CASR 175

Types of RPA:

• Micro <250g
• Very Small 250g<2kg
• Small 2kg<25kg
• Medium 25kg<150kg
• Large >150kg

May operate an RPA in Controlled Airspace only if:

• Holds an AROC or a Flight Crew or an ATC Licence
• Maintains a listening watch on specified frequency
• Makes broadcasts on frequency at specified intervals giving specified information