EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS
CIVIL AVIATION ORDERS
APPROVAL UNDER SUBREGULATION 207(2)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207(2) of the Civil Aviation Regulations (the Regulations) provides that an Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment as the Civil Aviation Safety Authority (CASA) approves or directs.
Section 20.18 of the Civil Aviation Orders (the Orders) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations.
Paragraph 6.1 of section 20.18 provides that certain aircraft referred to in the paragraph must not be flown unless equipped with an approved flight data recorder system and an approved cockpit voice recorder system. An approved flight data recorder system is required by paragraph 6.5 to retain its last 25 hours of recording. An approved cockpit voice recorder system is required by that paragraph to retain its last 30 minutes of recording.
This approval under subregulation 207(2) is for the aircraft VH-LHH to operate with an approved flight data recorder system that retains its last 8 hours of recording. The approval is stated to be subject to the aircraft having an approved cockpit voice recorder system that retains its last 60 minutes of recording.
In addition, subsection 2 of section 103.20 of the Orders contains design requirements for cockpit voice recorder systems. One of these requirements is for the recording to occur simultaneously on at least 4 channels. This approval allows the aircraft’s cockpit voice recorder system to record simultaneously on only 3 channels if in all other respects it complies with the requirements of subsection 2, including installation and recording parameters.
The approval also revokes an earlier exemption issued in respect of the same aircraft.
Under regulation 5A, a “prescribed direction or exemption” that affects the operation of anything in an Order is a disallowable instrument. Because the approval affects the operation of paragraph 6.5 of section 20.18 and subsection 2 of section 103.20, it is a prescribed direction or exemption as defined in regulation 5A and has been tabled as a disallowable instrument.
The approval was issued by a delegate of CASA in accordance with regulation 7 of the Regulations and came into effect on gazettal.
Overview
The Civil Aviation Regulations, enacted in 1988, were established to regulate the safety and operation of aircraft within Australia. This legislation addresses the need to ensure that aircraft operating in Australia meet specific safety and equipment standards to protect passengers, crew, and the public. The Civil Aviation Orders, which detail the required instruments and equipment for various classes of operations, were also enacted to further enforce these safety standards. The approval under subregulation 207(2) specifically targets the fitting of instruments and equipment for aircraft operations, ensuring that they comply with the regulations set forth by the Civil Aviation Safety Authority (CASA). This regulatory framework aims to maintain the highest safety standards in Australian civil aviation, ensuring that all aircraft meet the necessary requirements for operation.
Scope and Application
The Civil Aviation Regulations, under subregulation 207(2), mandate that Australian aircraft must be equipped with approved instruments and equipment for specific operations as directed by the Civil Aviation Safety Authority (CASA). This particular approval pertains to the aircraft with the registration number VH-LHH, allowing it to use an approved flight data recorder system that retains the last 8 hours of recording, subject to the condition that the aircraft also has an approved cockpit voice recorder system capable of retaining the last 60 minutes of recording. Furthermore, the approval deviates from the general requirement that the cockpit voice recorder must operate on at least 4 channels, permitting this specific aircraft’s system to operate on 3 channels provided it meets all other regulatory criteria. This regulatory approval, impacting sections 20.18 and 103.20 of the Civil Aviation Orders, is classified as a disallowable instrument under regulation 5A and has been tabled for review. It was issued by a delegate of CASA in compliance with regulation 7 and became effective upon gazettal.
Key Provisions
The primary provisions of the Civil Aviation Regulations and Orders, as outlined in this approval, dictate specific requirements for the aircraft VH-LHH. According to section 98 of the Civil Aviation Act 1988, and subregulation 207(2) of the Civil Aviation Regulations, the aircraft must be equipped with approved instruments and equipment, as determined by the Civil Aviation Safety Authority (CASA). This includes specific systems such as a flight data recorder and a cockpit voice recorder, with certain retention requirements (sections 20.18 and 103.20). The approval allows the aircraft to operate with a flight data recorder that retains its last 8 hours of recording, subject to the condition that it also has a cockpit voice recorder retaining its last 60 minutes of recording. Furthermore, the approval permits the cockpit voice recorder to record on only 3 channels, rather than the required 4, provided all other design requirements are met.
The obligations imposed by this legislation on the relevant parties are significant. The owner or operator of the aircraft VH-LHH must ensure that the approved flight data recorder is installed and functioning correctly, retaining data for the last 8 hours. Similarly, the cockpit voice recorder must be installed and must retain audio recordings for the last 60 minutes. Although the cockpit voice recorder is permitted to operate on 3 channels instead of the standard 4, it must meet all other design specifications outlined in the Civil Aviation Orders. These requirements are essential to ensure the safety and compliance of the aircraft with Australian aviation standards.
Breaching the conditions set out in this approval could have serious consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Regulations, non-compliance with approved equipment specifications can lead to various penalties. These may include fines, suspension or revocation of the aircraft's operating certificate, and potential criminal charges. Specifically, operating an aircraft without the required flight data or cockpit voice recorder systems could result in substantial penalties. The exact penalties would depend on the severity of the breach and any applicable laws, but they could include fines up to the statutory maximums prescribed by the Civil Aviation Act and related regulations. The implications of such non-compliance extend to both the aircraft operator and CASA, highlighting the importance of adhering to the approved conditions.