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]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Government, aim to ensure the safety and efficiency of civil aviation within Australia. These regulations provide a framework for the approval of instruments and equipment required for Australian aircraft in various classes of operations. Specifically, Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, with Subregulation 207(2) mandating that aircraft must be equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA). The policy objective of these regulations is to maintain high safety standards in the aviation industry by ensuring that aircraft meet specified technical requirements before they can be used in operations. The approval concerning charter operations without autopilot, issued under Section 5A of the Civil Aviation Regulations 1988, allows certain smaller aeroplanes to operate without the full autopilot capabilities typically required, provided they are used for cargo-only charter operations and adhere to other stipulated requirements.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) and the associated Civil Aviation Orders (CAOs) govern the operation of aircraft within Australia, ensuring safety and compliance with regulatory standards. Specifically, the approval outlined in the explanatory statement pertains to the operation of Australian aircraft engaged in charter operations without the necessity of an autopilot. This approval applies to aeroplanes with a maximum take-off weight below 5,700 kg that are exclusively used for cargo charter operations, exempting them from the requirement of having an automatic pilot with specific capabilities as stipulated under paragraph 4.1A of section 20.18 of the CAOs. Despite this exemption, these aeroplanes must still comply with all other relevant provisions under section 20.18. The approval is issued by the Civil Aviation Safety Authority (CASA), which acts under the authority delegated to it by the CAR 1988, and it is effective from 1 April 2005, replacing the previous instrument CASA 114/04. This approval, being a disallowable instrument under the Acts Interpretation Act 1901, follows the existing policy and does not require consultation as it merely renews and modifies the previous regulation.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) have been amended by the instrument F2005L00812, which provides specific approval for charter operations of certain Australian aircraft without an autopilot. Subregulation 207(2) of the CAR 1988 generally mandates that Australian aircraft must be equipped with approved instruments and equipment for any class of operations. However, section 20.18 of the Civil Aviation Orders (CAOs) further stipulates the specific requirements for instruments and equipment for Australian aircraft, particularly for flight under the Instrument Flight Rules (I.F.R.). Subparagraph 4.1A of section 20.18(4) of the CAOs requires aeroplanes operating under I.F.R. and engaged in charter operations to be equipped with an automatic pilot that meets certain capabilities. This requirement is aimed at ensuring safety and reliability during flights.
The instrument, however, makes an exception for smaller aeroplanes, those with a maximum take-off weight below 5,700 kg, when used exclusively in cargo-only charter operations. These aeroplanes are permitted to operate without complying with subparagraph 4.1A of section 20.18(4) of the CAOs, provided they adhere to all other requirements set out in section 20.18. This exception acknowledges the specific operational context of smaller cargo-only charter aeroplanes and aims to balance safety with practical considerations.
Entities and individuals subject to the CAR 1988 must ensure that their aircraft meet the specified requirements unless they qualify for the exception under this instrument. Operators of smaller aeroplanes engaged in cargo-only charter operations without passengers must ensure compliance with all other equipment and operational standards set out in section 20.18 of the CAOs. CASA will likely monitor compliance through regular inspections and audits to ensure adherence to these regulatory standards.
Failure to comply with the approved requirements may result in significant consequences. The Civil Aviation Act 1988 and the CAR 1988 outline various civil and criminal penalties for non-compliance with aviation regulations. Operators found in breach of these provisions may face fines, suspension or revocation of their operating certificates, and potential criminal charges. The severity of penalties depends on the nature and extent of the non-compliance, with maximum penalties potentially reaching substantial financial amounts and imprisonment for individuals.