CASA EX10/19 — Carriage of cockpit voice recorders and flight data recorders exemption 2019 (Cth)

Instrument number CASA EX10/19

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulation 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

29 January 2019

CASA EX10/19 — Carriage of cockpit voice recorders and flight data recorders exemption 2019

1          Name

                 This instrument is CASA EX10/19 — Carriage of cockpit voice recorders and flight data recorders exemption 2019.

2Duration

                 This instrument:

(a)   commences on 1 February 2019; and

(b)   is repealed at the end of 24 March 2021.

Note   The Civil Aviation Safety Amendment (Part 91) Regulations 2018 commence on 25 March 2021 — see regulation 2 of those Regulations.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Act and the Regulations. These include: approved and registered, which are defined in the CASR Dictionary, and FAA and maximum take-off weight,which are defined in regulation 2 of CAR.

CAO 20.18 means Civil Aviation Order 20.18 (Aircraft equipment — basic operational requirements) Instrument 2014, as in force from time to time.

relevant aircraft with a maximum take-off weight in excess of 5 700 kg meansa registered aircraft with a maximum take-off weight in excess of 5 700 kg and which is:

(a)   turbine-powered; or

(b)   of a type first certificated in its country of manufacture on or after 1 July 1965.

relevant aircraft with a maximum take-off weight of 5 700 kg or less means a registered aircraft with a maximum take-off weight of 5 700 kg or less and which is:

(a)   pressurised; and

(b)   turbine-powered by more than 1 engine; and

(c)    of a type certificated in its country of manufacture for operation with a passenger seating capacity of more than 11 seats; and

(d)    issued with an initial Australian certificate of airworthiness after 1 January 1988.

4          Exemptions — relevant aircraft with maximum take-off weight in excess of 5 700 kg

        (1)     The operator of a relevant aircraft with a maximum take-off weight in excess of 5 700 kg is exempt from compliance with the following provisions:

(a)   subregulation 207 (2) of CAR — to the extent that the operator must not use the aircraft if it is not fitted with an approved flight data recorder system and an approved cockpit voice recorder system that comply with paragraph 6.2 of CAO 20.18;

(b)   subregulation 207 (3) of CAR — to the extent that the operator must fit, carry or use on the aircraft an approved flight data recorder system and an approved cockpit voice recorder system that comply with paragraph 6.2 of CAO 20.18.

        (2)     The pilot in command of a relevant aircraft with a maximum take-off weight in excess of 5 700 kg is exempt from compliance with the following provisions:

(a)   subregulation 207 (2) of CAR — to the extent that the pilot in command must not use the aircraft if it is not fitted with, or carrying, an approved flight data recorder system and an approved cockpit voice recorder system that comply with paragraph 6.2 of CAO 20.18;

(b)   subregulation 207 (3) of CAR — to the extent that the pilot in command must use on the aircraft an approved flight data recorder system and an approved cockpit voice recorder system that comply with paragraph 6.2 of CAO 20.18;

(c)   subparagraph 6.1 (a) of CAO 20.18.

        (3)     The exemption in subsection (1) for the operator is subject to the conditions in section 5.

        (4)     The exemption in subsection (2) for the pilot in command is subject to the conditions in section 6.

5          Conditions — operator of relevant aircraft with maximum take-off weight in excess of 5 700 kg

        (1)     The operator must ensure that the aircraft is equipped with:

(a)   a flight data recorder — that complies with FAA Technical Standard Order TSO‑C124a Flight Data Recorder Systems, Date: 8/1/96, as at its publication date of 1 August 1996, or a later version of TSO-C124, as at its publication date; and

Note   At the time of commencement of this instrument, the current version of this standard was TSO‑C124c, Effective date: 12/19/13, as published on 19 December 2013.

(b)   a cockpit voice recorder — that complies with FAA Technical Standard Order TSO-C123a Cockpit Voice Recorder Systems, Date: 8/2/96, as at its publication date of 2 August 1996, or a later version of TSO-C123, as at its publication date.

Note 1   On commencement of this instrument, the current version of this standard was TSO‑C123c, Effective date: 12/19/13, as published on 19 December 2013.

Note 2   The cockpit voice recorder and the flight data recorder may be the same recorder.

        (2)     The operator must ensure that:

(a)   the flight data recorder of the aircraft retains its last 25 hours of recording; and

(b)   the cockpit voice recorder of the aircraft retains its last 30 minutes of recording; and

(c)   data from the last 2 occasions on which the flight data recorder system was calibrated are preserved for the purpose of enabling determination of the accuracy of the system.

        (3)     The operator must ensure that, during ground maintenance periods of the aircraft:

(a)   the flight data recorder of the aircraft is not activated unless the maintenance is associated with the flight data recording equipment or with the aircraft engines; and

(b)   the cockpit voice recorder of the aircraft is not activated unless the maintenance is associated with the cockpit voice recording equipment or with the aircraft engines.

6          Conditions — pilot in command of relevant aircraft with maximum take‑off weight in excess of 5 700 kg

        (1)     The pilot in command must ensure that the flight data recorder system of the aircraft is operated continuously from when the aircraft commences to taxi under its own power for the purpose of flight until the conclusion of taxiing after landing.

        (2)     The pilot in command must ensure that the cockpit voice recorder system of the aircraft is operated continuously from the start of the use of the check list before starting engines for the purpose of flight until completion of the final check list at the end of the flight.

7          Exemptions — relevant aircraft with maximum take-off weight of 5 700 kg or less

        (1)     The operator of a relevant aircraft with a maximum take-off weight of 5 700 kg or less is exempt from compliance with the following provisions:

(a)   subregulation 207 (2) of CAR — to the extent that the operator must not use the aircraft in a class of operation if the relevant aircraft is not fitted with an approved cockpit voice recorder system that complies with paragraph 6.2 of CAO 20.18;

(b)   subregulation 207 (3) of CAR — to the extent that the operator must fit, carry or use on the aircraft an approved cockpit voice recorder system that complies with paragraph 6.2 of CAO 20.18.

        (2)     The pilot in command of a relevant aircraft with a maximum take-off weight of 5 700 kg or less is exempt from compliance with the following provisions:

(a)   subregulation 207 (2) of CAR — to the extent that the pilot in command must not use the aircraft if it is not fitted with an approved cockpit voice recorder system that complies with paragraph 6.2 of CAO 20.18;

(b)   subregulation 207 (3) of CAR — to the extent that the pilot in command must use on the aircraft an approved cockpit voice recorder system that complies with paragraph 6.2 of CAO 20.18.

(c)   subparagraph 6.1 (b) of CAO 20.18.

        (3)     The exemption in subsection (1) for the operator is subject to the conditions in section 8.

        (4)     The exemption in subsection (2) for the pilot in command is subject to the condition in section 9.

8          Conditions — operator of relevant aircraft with maximum take-off weight of 5 700 kg or less

        (1)     The operator must ensure that the aircraft is equipped with a cockpit voice recorder system that complies with FAA Technical Standard Order TSO-C123a Cockpit Voice Recorder Systems, Date: 8/2/96, as published on 2 August 1996, or a later version of TSO-C123, as at its publication date.

Note   On commencement of this instrument, the current version of this standard was TSO-C123c, Effective date: 12/19/13, as published on 19 December 2013.

        (2)     The operator must ensure that the cockpit voice recorder retains its last 30 minutes of recording.

        (3)     The operator must ensure that the cockpit voice recorder is not activated during ground maintenance periods unless the maintenance is associated with the cockpit voice recorder equipment or with the aircraft engines.

9         Condition — pilot in command of relevant aircraft with maximum take-off weight of 5 700 kg or less

                 The pilot in command must ensure that the cockpit voice recorder system of the aircraft is operated continuously from the start of the use of the check list before starting engines for the purpose of flight until completion of the final check list at the end of the flight.