CASA EX16/07 Exemption carriage of cockpit voice recorders and flight data recorders (Cth)

Instrument number CASA EX16/07

I, SHANE PATRICK CARMODY, Acting Deputy Chief Executive Officer, Operations, a delegate of CASA, make this instrument under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed S. Carmody]

Shane Carmody
Acting Deputy Chief Executive Officer, Operations

27 April 2007

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 April 2010.

2          Application

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

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

             (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 are:

             (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 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.