EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
APPROVAL — CHARTER OPERATIONS WITHOUT AUTOPILOT
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) 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, including emergency equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.
Subregulation 5 (1) of CAR 1988 provides that whenever CASA is empowered by CAR 1988 to give directions or approvals, it may do so in Civil Aviation Orders (the CAOs).
Section 20.18 of the CAOs sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations, with subsection 4 setting out equipment required for flight under the Instrument Flight Rules (I.F.R.). Under paragraph 4.1A, aeroplanes operating under the I.F.R. and engaged in charter operations must be equipped with an automatic pilot that has the capabilities set out in subparagraphs 4.1A (d), (e) and (f).
CASA considers that smaller aeroplanes engaged in charter operations without passengers need not have an autopilot with those capabilities. The approval permits aeroplanes with a maximum take-off weight below 5 700 kg to operate without complying with paragraph 4.1A when used in cargo only charter operations. The aeroplanes must, in all other respects, comply with section 20.18.
Under regulation 5A of CAR 1988, if CASA has issued a direction in the form of a CAO and later issues another direction which has the effect of amending, varying or repealing the CAO, the later instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. The approval affects the operation of paragraph 4.1A and is a disallowable instrument.
No consultation has taken place. The instrument replaces a previous instrument (CASA 114/04) which expired at the end of March 2005, and remakes it in modified form. This is a continuation of the current policy.
The approval has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988.
The approval comes into effect on 1 April 2005 and stops having effect at the end of March 2005.
[Instrument number CASA 119/05]