CASA 129/95
EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS
PERMISSION UNDER SUBREGULATION 177 (3)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Regulation 5A of the Civil Aviation Regulations (the Regulations) provides that a permission that has the effect of repealing, amending, or otherwise affecting the operation of, anything in a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subregulation 177 (1A) of the Regulations provides that an aircraft must not be flown under the Instrument Flight Rules (the I.F.R.) unless it is equipped with suitable flight instruments as required by CASA. Appendix IV to section 20.7.1B of the Civil Aviation Orders sets out flight instruments required for flights under the I.F.R., including an outside air temperature indicator.
Under subregulation 177 (3) CASA may give permission for an aircraft not equipped with instruments as required under subregulation 177 (1A) to be flown under the I.F.R.. This permission under subregulation 177 (3) has been given to allow an ex-military aircraft, a BAC 167 Strikemaster, to be flown without an outside air temperature indicator.
Permission was given because the outside air temperature indicator was not fitted to this type of aircraft while it was in military service and the aircraft will normally operate only in clear visual conditions. It was therefore considered unnecessary to require the modifications to the aircraft necessary to instal the indicator.
The permission will only apply while the aircraft is flown on private operations.
The permission was given by a delegate of CASA appointed under regulation 7.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes a legislative framework designed to ensure the safety and efficiency of civil aviation within Australia. This Act, along with its subsidiary regulations, seeks to address gaps in civil aviation safety and operational standards. The Civil Aviation Regulations, which are made under the authority of the Act, provide detailed rules and requirements to ensure compliance with the overarching safety objectives of the Act. One such regulation, subregulation 177(3), allows the Civil Aviation Safety Authority (CASA) to grant specific permissions that may exempt certain aircraft from particular regulatory requirements, provided that such exemptions do not compromise safety. This legislative flexibility allows CASA to address unique operational scenarios, such as permitting the operation of a BAC 167 Strikemaster aircraft under Instrument Flight Rules without an outside air temperature indicator, considering the aircraft's historical usage and operational environment. This permission underscores the policy objective of balancing regulatory requirements with practical considerations to maintain high safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988 and associated Civil Aviation Regulations govern the aviation industry in Australia, with the overarching aim of ensuring the safety of air navigation. Under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to issue permissions that may modify or affect the operation of Civil Aviation Orders. In this particular instance, a permission has been granted under subregulation 177(3) of the Civil Aviation Regulations, allowing a specific ex-military aircraft, a BAC 167 Strikemaster, to be flown under Instrument Flight Rules (IFR) without an outside air temperature indicator. This permission was granted because the aircraft was not originally equipped with this instrument during its military service and it is intended to operate primarily in clear visual conditions where such an instrument is deemed unnecessary. The permission is limited to private operations and does not extend to commercial or public flying. This regulation underscores CASA's role in balancing regulatory requirements with practical considerations in the aviation industry.
Key Provisions
The Civil Aviation Act 1988 (the Act) authorises the Governor-General to make regulations for the safety of air navigation, and in this case, it is regulation 5A of the Civil Aviation Regulations (the Regulations) that sets out the framework for permissions to be granted by the Civil Aviation Safety Authority (CASA) to deviate from specific requirements of a Civil Aviation Order (section 98(1)). This is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. Subregulation 177(1A) of the Regulations stipulates that aircraft must be equipped with suitable flight instruments, including an outside air temperature indicator, to be flown under the Instrument Flight Rules (I.F.R.). However, subregulation 177(3) allows CASA to issue a permission for an aircraft not meeting these requirements to be flown under the I.F.R. in certain circumstances.
This permission is specifically for an ex-military aircraft, a BAC 167 Strikemaster, which was not originally fitted with an outside air temperature indicator during its military service. The permission was granted because it was determined that the aircraft would typically operate in clear visual conditions, making the installation of this instrument unnecessary. The permission applies only when the aircraft is used for private operations. This permission under subregulation 177(3) was issued by a delegate of CASA, as authorised under regulation 7 of the Regulations.
The obligations imposed by this permission are specific to the BAC 167 Strikemaster aircraft and its operations. The aircraft must adhere to the conditions set forth in the permission, which include operating only in private settings and under clear visual conditions. CASA’s permission is a regulatory accommodation that recognises the unique circumstances of this ex-military aircraft. Therefore, it is essential for the operator to ensure compliance with the conditions of the permission to maintain the validity of the operation and avoid any regulatory repercussions.
Breach of the conditions set by this permission could lead to regulatory consequences. While the specific penalties are not detailed in the provided text, violations of Civil Aviation Regulations generally attract penalties that may include fines, suspension of permits, or other enforcement actions. In severe cases, breaches could lead to criminal charges, particularly if they result in safety hazards or significant regulatory non-compliance. The exact penalties would depend on the nature and severity of the breach, as determined under the broader provisions of the Civil Aviation Act 1988 and associated regulations.