Explanatory Statement
Civil Aviation Safety Regulations 1998
Australian Technical Standard Order C1007 — flight data recorder interface unit
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 21.601 of the Civil Aviation Safety Regulations 1998, CASA may issue an Australian Technical Standards Order (ATSO) for specified articles used on civil aircraft.
CASA is aware of some manufacturers in Australia that want to manufacture a Flight Data Recorder Interface Units for sale and use within Australia. However, there is no suitable US or Australian design standards published for these units. In the absence of the design standards each manufacturer would be required to develop their own design standards and have those approved by CASA. The manufacturers would also be required to pay for CASA to assess and approve the design standards.
Industry has requested CASA to develop and publish design standards for Flight Data Recorder Interface Units. This would avoid the need for individual manufacturers to develop their own design standards and the associated costs.
CASA has raised ATSO-C1007 — Acceptable means of compliance for Flight Data Recorder Interface Unit design standards to give Australian manufacturers a design standard which will enable them to manufacture Flight Data Recorder Interface Units for sale and use within Australia.
Consultation
CASA has consulted with the Australian industry and public via a formal public consultation period of 2 weeks with the proposed instrument published on the CASA external website. Also this ATSO was developed specifically as a request from the public.
Regulatory Impact
OBPR assessed that the ATSO is machinery in nature and no further analysis in the form of a Regulation Impact Statement was required (OBPR ID: 15078).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Commencement and making
The instrument commences on the day after registration.
This ATSO has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.
[Instrument number ATSO-C1007]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Australian Technical Standard Order C1007 — flight data recorder
interface unit
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
CASA has raised ATSO-C1007 to give Australian manufacturers a design standard which will enable them to manufacture Flight Data Recorder Interface Units for sale and use within Australia.
This ATSO relates to specified aeronautical products.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority
Overview
The Civil Aviation Safety Regulations 1998 were enacted by the Australian Parliament to ensure the safety of air navigation in Australia, and were subsequently amended by Australian Technical Standard Order (ATSO) C1007 in 2013. The ATSO was introduced to address the gap in the absence of suitable design standards for Flight Data Recorder Interface Units, which are used in civil aircraft. The Civil Aviation Safety Authority (CASA) developed this ATSO in response to a request from the Australian industry, aiming to provide a standardised design solution that would allow Australian manufacturers to produce these units without incurring the costs of developing and having their own design standards approved by CASA. The policy objective of this ATSO is to streamline the manufacturing process for Flight Data Recorder Interface Units, thereby enhancing safety and efficiency in the aviation industry.
This legislative instrument was created under the authority delegated by CASA, as per the Civil Aviation Safety Regulations 1998, and it commenced on the day following its registration. The development of ATSO-C1007 involved a formal public consultation period, reflecting CASA's commitment to transparency and industry collaboration. The Office of Best Practice Regulation confirmed that this ATSO, being machinery in nature, did not require a detailed Regulation Impact Statement. Additionally, a Statement of Compatibility with Human Rights was prepared, affirming that the ATSO does not engage any of the applicable rights or freedoms, thus ensuring its alignment with human rights standards.
Scope and Application
The Australian Technical Standard Order C1007, issued under the Civil Aviation Safety Regulations 1998, applies to manufacturers within Australia who intend to produce Flight Data Recorder Interface Units for use on civil aircraft. This regulation aims to provide a standardised design specification for these critical devices, thereby ensuring consistency and safety in their production and use. The order was developed in response to industry requests to streamline the process of creating and approving design standards, which would otherwise be individually developed and assessed by the Civil Aviation Safety Authority (CASA). The scope of this ATSO is national, applying to all manufacturers operating within Australia who are involved in the production of Flight Data Recorder Interface Units. The regulatory framework is designed to maintain the high safety standards mandated by the Civil Aviation Act 1988, and it extends its reach through subordinate instruments as needed. No specific exclusions or exemptions are mentioned within the text of the explanatory statement, implying that all manufacturers within the scope of the Act must comply with the newly established design standards. The instrument, once registered, will come into effect on the following day, providing clear guidelines and a unified standard for the industry.
Key Provisions
The Australian Technical Standard Order C1007 (ATSO-C1007) (section 1) pertains to the establishment of acceptable means of compliance for Flight Data Recorder Interface Unit design standards. This ATSO is designed to provide Australian manufacturers with a standardised set of design criteria for creating Flight Data Recorder Interface Units, which are critical components used on civil aircraft. Under section 21.601 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue such technical standards orders, and this particular order was formulated in response to requests from the industry to streamline the design and approval process for these units.
The obligations imposed by ATSO-C1007 are primarily on Australian manufacturers who wish to produce Flight Data Recorder Interface Units. These manufacturers must adhere to the design standards outlined in the ATSO to ensure their products meet the necessary safety and compliance requirements for use within Australia. The process involves using the ATSO-C1007 as a guideline to develop their units, thereby avoiding the need for individual design standards which would require separate approval and assessment by CASA. This not only reduces the administrative burden but also ensures consistency and safety across the industry.
Failure to comply with the design standards set forth in ATSO-C1007 could result in significant consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, violations of civil aviation safety regulations generally carry severe penalties. These can include substantial fines, enforcement actions, and in extreme cases, the grounding of non-compliant aircraft. Such stringent measures underscore the importance of adhering to the established standards to maintain the high safety standards required in the aviation industry.
The ATSO-C1007 underwent a formal public consultation period of two weeks, as stipulated in section 3, to gather input from the industry and the public. This process ensured that the design standards were practical and met the needs of the stakeholders. Additionally, the Office of Best Practice Regulation (OBPR) assessed that the ATSO was machinery in nature and did not require a detailed Regulation Impact Statement (section 4). The instrument is compatible with human rights as it does not raise any human rights issues, as confirmed by the Statement of Compatibility with Human Rights attached to the document (section 5). The ATSO-C1007 officially comes into effect the day after its registration, as mentioned in section 6.