CASA 104/98 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations Civil Aviation Orders Approval under Subregulation 207(2) Explanatory Statement pertains to the Civil Aviation Act 1988, which was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia. The legislation aims to address the need for ensuring the safety and efficiency of civil aviation operations in the country. The explanatory statement outlines the approval given by a delegate of the Civil Aviation Safety Authority (CASA) under subregulation 207(2) of the Civil Aviation Regulations, which empowers the Governor-General to make regulations. This approval allows specific aircraft (VH-LAF, V-LAG, and VH-LHG) to operate with a flight data recorder system that retains its last 5 hours of recording and a cockpit voice recorder system that retains its last 60 minutes of recording, while also allowing the cockpit voice recorder system to record on 3 channels instead of the required 4. The policy objective of this approval is to provide a tailored approach to aircraft safety and data recording requirements, while ensuring compliance with the overarching safety standards set out in the Civil Aviation Orders.

Scope and Application

This legislation, under the Civil Aviation Regulations and Civil Aviation Orders, specifies the conditions for the operation of certain aircraft within Australia. The approval applies to the specific aircraft identified by their registration numbers VH-LAF, V-LAG, and VH-LHG. These aircraft must comply with the stipulated requirements for flight data recorder and cockpit voice recorder systems as set out in the Civil Aviation Orders. The Civil Aviation Safety Authority (CASA) has granted an exemption allowing these aircraft to operate with a flight data recorder system that retains only the last 5 hours of recording, instead of the standard 25 hours, provided they are equipped with a cockpit voice recorder system that retains the last 60 minutes of recording. Furthermore, the approval allows for a deviation from the requirement of recording on at least 4 channels for the cockpit voice recorder system, permitting a recording on only 3 channels, subject to compliance with other specified criteria. This regulatory approval is subject to the disallowable instrument provisions under regulation 5A and was issued by a CASA delegate in line with regulation 7 of the Civil Aviation Regulations, taking effect upon gazettal.

Key Provisions

The key operative sections of the Civil Aviation Regulations and Civil Aviation Orders that this approval pertains to are Section 98 of the Civil Aviation Act 1988, Subregulation 207(2) of the Civil Aviation Regulations, and Section 20.18 of the Civil Aviation Orders. Section 98 provides the authority for making regulations, while Subregulation 207(2) specifies that an Australian aircraft must be fitted with approved instruments and equipment as directed by the Civil Aviation Safety Authority (CASA) to be used in any class of operations. Section 20.18 of the Orders sets out the specific instruments and equipment required for certain classes of aircraft operations, including flight data and cockpit voice recorders. The obligations and requirements imposed by this Act on the parties it governs include ensuring that the aircraft VH-LAF, V-LAG, and VH-LHG are fitted with an approved flight data recorder system that retains its last 5 hours of recording. Additionally, these aircraft must be equipped with an approved cockpit voice recorder system that retains its last 60 minutes of recording. The Act also specifies that the cockpit voice recorder system must record simultaneously on at least 4 channels, although it allows for a recording on 3 channels if all other requirements are met. This approval also subjects the aircraft to the regulatory framework of the Civil Aviation Orders, ensuring compliance with all other relevant provisions. Any breaches of the Civil Aviation Regulations or Orders may result in civil or criminal penalties. Under the Civil Aviation Act 1988, violations can lead to fines and imprisonment, with the maximum penalties varying depending on the severity of the offence. For instance, operating an aircraft in a manner that contravenes the approved conditions could result in significant fines and imprisonment terms as prescribed by the Act. Furthermore, as this approval is a disallowable instrument under regulation 5A, any failure to comply with the specified conditions may also result in additional regulatory actions, including potential revocation of the approval. The approval was issued by a delegate of CASA in accordance with regulation 7 of the Civil Aviation Regulations and became effective upon gazettal, meaning it was published in the Commonwealth Gazette and came into legal effect on the date of publication. This process ensures that the approval is formally recognised and enforceable under the Civil Aviation Act 1988 and its associated regulations.