CASA 07/00 - Approval in relation to flight data recorder

Overview

The Civil Aviation Regulations 1988 were enacted to provide detailed regulatory frameworks governing the safety and operation of civil aviation in Australia. The Civil Aviation Orders, which are integral to these regulations, allow the Civil Aviation Safety Authority (CASA) to issue directives and orders to ensure compliance with safety standards. The specific approval under subregulation 207(2) addresses a gap in the regulatory requirements for aircraft instruments and equipment, particularly focusing on flight data recorder systems and cockpit voice recorder systems. This approval, issued by CASA, allows an aircraft with the nationality and registration marks VH-NJA to operate with a flight data recorder system that does not fully conform to the specified requirements in Appendix I for one of the parameters. This measure was deemed necessary to permit continued operation while allowing for the resolution of the non-compliance issue, and it has been tabled as a disallowable instrument in accordance with regulation 5A. The objective is to maintain safety standards while providing flexibility in specific instances to address operational needs.

Scope and Application

The Civil Aviation Regulations 1988, as authorised by section 98 of the Civil Aviation Act 1988, dictate that Australian aircraft must be equipped with approved instruments and equipment before engaging in any class of operations, as stipulated in subregulation 207(2). The Civil Aviation Safety Authority (CASA) has the authority to approve or direct the fitting of such instruments and equipment, and may issue these directives in Civil Aviation Orders or in written form as per subregulation 5(1). Specifically, section 20.18 of these Orders details the required instruments and equipment for Australian aircraft involved in certain operations, including the mandatory installation of approved flight data recorder and cockpit voice recorder systems, as outlined in subsection 6 of section 20.18. This approval under subregulation 207(2) pertains to an aircraft identified by its nationality and registration marks, VH-NJA, which has been granted permission to operate with a flight data recorder system that does not fully align with the detailed parameters set out in Appendix I of section 20.18, specifically concerning one of the 20 parameters. This approval, which took effect upon gazettal, is categorised as a disallowable instrument under regulation 5A due to its impact on paragraph 6.1 of section 20.18, and has been issued by a CASA delegate in accordance with regulation 7 of the Regulations.

Key Provisions

The Civil Aviation Orders, under subregulation 207(2) of the Civil Aviation Regulations 1988, mandate that Australian aircraft must be fitted with specific instruments and equipment approved by the Civil Aviation Safety Authority (CASA) to operate in certain classes of operations (subregulation 207(2)). Section 20.18 of the Orders specifies the required instruments and equipment for these aircraft, and subsection 6 of section 20.18 stipulates that certain aircraft must not be flown without an approved flight data recorder system and cockpit voice recorder system, which must record parameters outlined in section 103 of the Orders (subsection 6 of section 20.18). Appendix I to section 20.18 further details the required parameters, accuracy, and recording intervals for flight data recorders. This legislation imposes obligations on aircraft operators to ensure their aircraft are equipped with CASA-approved instruments and equipment. Specifically, they must adhere to the requirements outlined in section 20.18 of the Orders, including the installation and operation of flight data recorder systems and cockpit voice recorder systems as specified (subsection 6 of section 20.18). The operators must also ensure these systems record the parameters listed in section 103 of the Orders and meet the technical specifications detailed in Appendix I. Failure to comply with the requirements of the Civil Aviation Orders can result in significant consequences. Section 20.18 and the associated subregulations and subsections establish strict standards for the operation of Australian aircraft. Any breach of these provisions, such as operating an aircraft without the required flight data recorder or cockpit voice recorder systems, could lead to regulatory action. Under regulation 5A, a prescribed direction or exemption that affects the operation of anything in an Order is a disallowable instrument, and such an exemption or direction can be challenged in Parliament. The approval issued under subregulation 207(2) is an example of such a disallowable instrument and has been tabled accordingly. Operators found in breach of these provisions may face enforcement actions, fines, or other penalties as stipulated by the Civil Aviation Act 1988 and related regulations.