Project OS 05/07 - Preventing the inadvertent authorisation of warbird flights over populated areas
This project is now closed.
24 Jun 2005
Project OS 05/07 titled Preventing the inadvertent authorisation of warbird flights over populated areas
New rulechange project has been registered
Civil Aviation Regulation 262AM of the CARs imposes operating conditions on limited category aircraft, and Subregulation 262AM(10) limits the operation of limited category aircraft over built-up areas according to a permit index assigned to the aircraft. Limited category aircraft assigned a permit index of 2 or 3 cannot operate over built-up areas without approval from CASA or an authorised person - see CAR 262AM(10)(c).
Prior to April 2003, a number of people in the aviation community had been appointed as authorised persons for the purposes of paragraph (10)(c). However, those appointments were cancelled on 28 April 2003, and only officers of CASA with relevant delegations can now issue approvals under CAR 262AM(10)(c).
A recent decision of the Administrative Appeals Tribunal held that a condition imposed on the special certificate of airworthiness for a permit index 3 limited category aircraft - to the effect that it was permitted to operate over built-up areas of Bankstown - amounted to an approval under CAR 262AM(10)(c). That special certificate of airworthiness was issued by a person who was, at the time of issue, appointed as an authorised person for the purposes of CASR 21.176 (issue of certificates of airworthiness) and for the purposes of CAR 262AM(10)(c) (approval to operate over built-up areas).
CASA generally only approves operations over built-up areas on a flight-by-flight basis, to enable warbirds to land at or take off from aerodromes where maintenance will be carried out on them, or for similar reasons requiring one-off approval. It is CASA's policy that only CASA should be able to approve operation of permit index 2 or 3 limited category aircraft over built-up areas. CASA does not generally approve ongoing operations over built-up areas by permit index 2 or 3 limited category aircraft.
CAR 262AM - limited category aircraft - operating limitations
CASR 21.176 - Issue of certain certificates of airworthiness