CASA 113/10 – Approval and directions – operations without an approved digital flight data recorder

Overview

The Civil Aviation Regulations 1988, as amended by the legislative instrument F2010L00730, were enacted to address the operational requirements for Australian aircraft, particularly concerning the necessity of digital flight data recorders. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue directions under the Civil Aviation Act 1988, ensuring that aircraft comply with safety standards and regulations. Specifically, the Civil Aviation Order 20.18 (CAO 20.18) delineates the mandatory instruments and equipment for aircraft engaged in various classes of operations, including the requirement for an approved flight data recorder system. The instrument in question allows for an exception for aircraft VH-CCJ to operate without such a system in private operations, provided it adheres to other equipment requirements stipulated by CAO 20.18 and is not used for training flights. This regulatory measure is a renewal of CASA 183/08, which was set to expire at the end of March 2010, and it remains subject to disallowance by the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, specifically as amended by CASA 113/10, applies to Australian aircraft that are permitted to operate without an approved digital flight data recorder under certain conditions. This regulation is pertinent to the aircraft identified as VH-CCJ, which is allowed to operate without such a system but only in private operations. It is crucial that this aircraft meets all other requirements as stipulated by Civil Aviation Order 20.18, and it is expressly forbidden from being used for training flights. The regulatory framework under which these provisions operate includes subregulation 207(2) of the Civil Aviation Regulations 1988, which mandates the equipment requirements for Australian aircraft, and Civil Aviation Order 20.18, which details specific instruments and equipment necessary for particular classes of operations. The authority to enact these regulations stems from section 98 of the Civil Aviation Act 1988, empowering the Governor-General to issue such regulations. Additionally, under the Legislative Instruments Act 2003, the instrument is classified as a disallowable instrument, subject to parliamentary scrutiny and potential disallowance.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under Section 98 of the Civil Aviation Act 1988 allows for the establishment of regulations governing the use of Australian aircraft. Subregulation 207(2) of CAR 1988 mandates that an Australian aircraft must be fitted with approved instruments and equipment, including emergency equipment, as directed by the Civil Aviation Safety Authority (CASA). Civil Aviation Order 20.18 (CAO 20.18) further specifies the instruments and equipment required for Australian aircraft in certain operations, including the requirement for an approved flight data recorder system. However, the particular approval referenced under subregulation 207(2) allows the aircraft VH-CCJ to operate without an approved flight data recorder system, but only in private operations and provided it is equipped in all other respects as required by CAO 20.18, excluding training flights. The obligations imposed by this regulation are primarily on CASA and the operators of the specified aircraft. CASA has the duty to issue directions and orders that ensure the safety of aviation operations. Aircraft operators, specifically those operating VH-CCJ, must ensure their aircraft comply with all requirements under CAO 20.18 except for the flight data recorder requirement, provided they are operating under the permitted conditions. This includes ensuring that all other necessary instruments and emergency equipment are on board and in working order. Additionally, operators must refrain from using the aircraft for training flights, as this is explicitly prohibited by the regulation. In terms of penalties and consequences, the Civil Aviation Regulations 1988 and associated orders do not explicitly state penalties for non-compliance with the specific approval allowing operations without a flight data recorder. However, general provisions within the Civil Aviation Act 1988 and Civil Aviation Regulations 1988 provide for enforcement actions against non-compliance with aviation regulations. Such actions can include fines, suspension or revocation of certificates, and potential criminal charges. The severity of the penalties can depend on the nature and extent of the non-compliance, and the specific provisions under which the violation occurred. Operators found in breach of these regulations could face significant financial penalties and operational restrictions, impacting their ability to conduct air services.