CASA EX12/11 – Exemption under regulation 308 of CAR 1988 – carriage of cockpit voice recorders and flight data recorders (Cth)

Instrument number CASA EX12/11

I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed John F. McCormick]

John F. McCormick
Director of Aviation Safety

24 January 2011

Exemption under regulation 308 of CAR 1988 — carriage of cockpit voice recorders and flight data recorders

1          Duration

                 This instrument:

(a)   commences on the day after it is registered; and

(b)   stops having effect at the end of 31 January 2013.

2          Application

                 This exemption applies to each Australian registered aircraft with a maximum take-off weight:

(a)   in excess of 5 700 kg — which is:

             (i)   turbine powered; or

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

(b)   less than or equal to 5 700 kg — which is:

             (i)   pressurised; and

            (ii)   turbine powered by more than 1 engine; and

           (iii)   of a type certificated in its country of manufacture for operation with more than 11 places; and

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

3          Exemption

An aircraft mentioned in section 2 is exempt from compliance with subregulation 207 (2) of CAR 1988 in relation to the requirement to carry:

(a)   in the case of an aircraft referred to in paragraph 2 (a) — an approved flight data recorder system and an approved cockpit voice recorder system; or

(b)   in the case of an aircraft referred to in paragraph 2 (b) — an approved cockpit voice recorder system;

                 in accordance with paragraphs 6.1 and 6.2 of Civil Aviation Order 20.18 (CAO 20.18).

4          Conditions

                 The exemption is subject to the conditions in Schedule 1.

Schedule 1          Conditions

        1     In the case of an aircraft referred to in paragraph 2 (a), the exemption only applies if the aircraft carries a flight data recorder system and cockpit voice recorder system that meet standards:

(a)   at least equivalent to the applicable requirements referred to in paragraph 6.2 (a) of CAO 20.18; and

(b)   determined by the type certificating authority for the aircraft or acceptable to CASA.

        2     In the case of an aircraft referred to in paragraph 2 (b), the exemption only applies if the aircraft carries a cockpit voice recorder system that meets standards:

(a)   at least equivalent to the applicable requirements referred to in paragraph 6.2 (b) of CAO 20.18; and

(b)   determined by the type certificating authority for the aircraft or acceptable to CASA.