EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
APPROVAL UNDER SUBREGULATION 207 (2)
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 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 Orders).
Section 20.18 of the Orders sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations, including a requirement under paragraph 9.1C that a turbine engined aeroplane that has a maximum take‑off weight of more than 15,000 kg or is carrying 10 or more passengers and is engaged in regular public transport must not be operated under the Instrument Flight Rules unless it is fitted with a GPWS.
Subparagraph 9.1C (d) states that if paragraph 9.1CA applies – a GPWS that meets the requirements of section 108.36 of the Orders must be fitted to the aeroplane.
Under subparagraph 9.1CA (b), an aeroplane may be fitted with a GPWS that meets the requirements of section 108.36 of the Orders if the aeroplane first becomes an Australian aeroplane on or after 1 January 2001.
The instrument approves the operation of two Cessna Grand Caravan 208B aircraft, registration markings VH-MRZ and VH-TFS, recently purchased and operated by Hinterland Aviation Pty Ltd on regular public transport operations, while they are fitted with the TAWS B+ Terrain Avoidance Warning System, King KGP 560 EGPWS incorporating terrain display, and without a GPWS as referred to in subparagraph 9.1C (d) of section 20.18 of the Orders.
The approval is subject to the aircraft:
(a) being operated with no less than 2 pilots; and
(b) being operated in conjunction with MacAir Airlines Pty Ltd.
The TAWS B+ Terrain Avoidance Warning System, King KGP 560 EGPWS incorporating terrain display, is new equipment which is not included in section 108.36 of the Orders. However, CASA considers that such equipment provides a low cost solution for the lower end of the market (being aircraft carrying 10 to 15 passengers) without jeopardising safety.
The instrument starts having effect on gazettal and stops having effect at the end of 31 March 2006.
Regulation 5A of CAR 1988 provides that an instrument 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. The approval is a disallowable instrument because it affects the operation of paragraph 9.1C.
The approval was issued by a delegate of CASA in accordance with regulation 7 of CAR 1988.
[Instrument Number CASA 131/04]