Part 106 - Consultation

Note: This statement does not form part of the rules contained in Part 106. It provides details of the consultation undertaken in making the rules.

Background to the Rules

In April 1988 the Swedavia-McGregor Report on civil aviation regulation in New Zealand was completed. Following the recommendations contained in that report, the Civil Aviation Authority (CAA) (formerly the Air Transport Division of the Ministry of Transport) commenced a complete review of all existing civil aviation legislation. The existing legislation that is still appropriate is being rewritten into the new Rules format. New legislation is being generated where necessary for the areas not presently covered.

Considerable research was carried out to determine the format for the new legislation. It was decided that the legislative framework should incorporate the advantages of the regulatory system of the Federal Aviation Administration (FAA) of the United States of America and the system being developed by the European Joint Aviation Authorities and published as Joint Aviation Requirements (JAR).

The new rules are structured in a manner similar to the Federal Aviation Regulations (FAR) of the FAA, and aim to achieve maximum harmonisation whilst allowing for national variations. Close co-operation is also being maintained with the Civil Aviation Safety Authority of Australia to ensure maximum harmonisation with their regulatory code.

New Zealand’s revised legislation is published as Civil Aviation Rules (CAR) which is divided into Parts. Each Part contains a series of individual rules which relate to a particular aviation activity.

Accompanying most Parts will be at least one associated Advisory Circular (AC) which will expand, in an informative way, specific requirements of the Part and acceptable means of compliance. For instance an AC may contain examples of acceptable practices or procedures which would meet the requirements of a particular rule.

The CAR numbering system is based on the FAR system. As a general principle the subject matter of a rule Part will be the same or similar to the FAR although the title may differ to suit New Zealand terminology. Where a CAR Part does not readily equate with a FAR number code, a number has been selected that does not conflict with any existing FAR Part.

The objective of the new rules system is to strike a balance of responsibility between the State authority and those who provide services and exercise privileges in the civil aviation system. This balance must enable the State authority to set standards for, and monitor performance of, aviation participants whilst providing the maximum flexibility for the participants to develop their own means of compliance.

Section 12 of the Civil Aviation Act 1990 requires participants in the aviation system to carry out their activities safely and in accordance with the relevant prescribed safety standards and practices. Section 28 of the Act allows the Minister to make ordinary rules.

Notice of Proposed Rule Making

To provide public notice of, and opportunity for comment on the proposed new rules, the Authority issued Notice of Proposed Rule Making 95-1 under Docket Number 1063 on 29 March 1995. This Notice proposed the introduction of Civil Aviation Rules Part 106 to provide a regulatory safety boundary for the operation of hang gliders.

Supplementary Information

All comments made on the Notice of Proposed Rule Making are available in the rules docket for examination by interested persons. A report summarising each substantive contact with the Civil Aviation Authority contact person concerning this rule making has been filed in the docket.

Availability of the Document

Any person may view a copy of these rules at the Civil Aviation Authority, Level 15 Asteron Centre, 55 Featherston St, Wellington 6140. Copies may be obtained from the Civil Aviation Authority of New Zealand, PO Box 3555, Wellington 6140.

Summary of Comments on Docket Number 1063 NPRM

The New Zealand Hang Gliding and Paragliding Association Incorporated made submissions throughout the consultative process, and worked within the rules drafting process, culminating in an agreement on the final draft.

Civil Aviation Authority notes the contribution made by the NZHGPA in developing the agreed final draft of this Part 106.

Airways Corporation of New Zealand Limited said they had no comment to make.

Civil Aviation Authority notes this.

Auckland Hang Gliding & Paragliding Club said "it is hoped that through common understanding we may be able to evolve a regulatory structure which will be effective in eliminating, or at least reducing" "a few long-term problems".

Civil Aviation Authority agrees with this comment.

Auckland Hang Gliding & Paragliding Club made a full submission on gradings and surveys of take-off and landing sites, saying "It is highly preferred that site gradings/surveys, are mandatory on all T.O’s, thereby providing a safety guide to all HG/PG pilots".

Civil Aviation Authority agrees and has drafted the final rule to require all take-offs to be from launch sites authorised by a hang gliding organisation.

Auckland Hang Gliding & Paragliding Club made a submission on improving some areas of instructors’ knowledge.

Civil Aviation Authority response is that this matter will be addressed in the CAR Part containing hang-gliding training requirements.

Auckland Hang Gliding & Paragliding Club made a case for mandatory reporting of hang-glider accidents from ACC to TAIC, and subsequently to the NZHGPA.

Civil Aviation Authority notes this comment.

Auckland Hang Gliding & Paragliding Club made a full submission saying "We agree that NZHGPA should maintain the register of its member’s gliders." However in respect of radio communications they said "we believe that pilot identification numbers (known as PIN’s) would prove more reliable than aircraft numbers, although aircraft numbers are desired for the other reasons".

Civil Aviation Authority agrees and has drafted this rule as requested by the AHGPC and the NZHGPA.

Rural Aviation (1963) Ltd "have reviewed the proposed rule and can not see anything that appears contentious".

Civil Aviation Authority notes this comment.

List of Consultants

  • Airways Corporation of New Zealand Limited
  • Auckland Hang Gliding & Paragliding Club
  • The New Zealand Hang Gliding and Paragliding Association Incorporated
  • Rural Aviation (1963) Ltd

Regulatory activities

The following legislation will be affected by this rule Part commencement—

  • Civil Aviation Safety Order 18:
    Regulation 19A of the Civil Aviation Regulations 1953.

Section 14(2) of the Civil Aviation Amendment Act 1991 (as amended by section 34 of 1996 No. 91) deems the Civil Aviation Regulations 1953 that are continued in force by section 8 of that Act to be revoked on the close of 31 March 1997.

Section 14(3) states that any order, notice, requirement, circular, or other publication continued in force by section 8 shall expire on the close of 31 March 1997.

Implementation

This Part becomes effective on 1 April 1997.

Conclusion

It is concluded from this consultation that the majority of those involved in hang gliding are in agreement with the proposed final rule.

The comments and background material used in developing the rules are held on the docket file and are available for public scrutiny. Persons wishing to view the docket file should call at the Civil Aviation Authority, Level 15 Asteron Centre, 55 Featherston St, Wellington 6140, and ask for docket file 1063.