CASA 131/04 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988 (CAR 1988), enacted to ensure the safety and efficiency of civil aviation in Australia, include provisions that mandate specific instruments and equipment for aircraft used in various operations. One such regulation, subregulation 207(2) of the CAR 1988, specifies that Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) or directed by it. In accordance with these regulations, the Governor-General, empowered by Section 98 of the Civil Aviation Act 1988, delegated the authority to CASA to issue Civil Aviation Orders (the Orders) that detail the required instruments and equipment. The explanatory statement addresses the approval of the use of two Cessna Grand Caravan 208B aircraft operated by Hinterland Aviation Pty Ltd, registered as VH-MRZ and VH-TFS, on regular public transport operations. The approval allows these aircraft to operate with specific new equipment—the TAWS B+ Terrain Avoidance Warning System and King KGP 560 EGPWS incorporating terrain display—instead of the standard GPWS, provided certain conditions are met. The approval aims to ensure safety while offering a cost-effective solution for aircraft in the lower passenger capacity range. This instrument, which is subject to disallowance, will be in effect until 31 March 2006.

Scope and Application

The Civil Aviation Regulations 1988, as approved under subregulation 207(2) of the Civil Aviation Regulations 1988, govern the standards for the operation of Australian aircraft, ensuring they are equipped with approved instruments and equipment. Specifically, subregulation 5(1) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions and approvals through Civil Aviation Orders (the Orders). Regulation 20.18 of the Orders mandates the fitting of specific instruments and equipment for Australian aircraft engaged in certain operations, including a requirement for turbine engined aeroplanes carrying more than 10 passengers or weighing over 15,000 kg to be equipped with a Ground Proximity Warning System (GPWS) when operating under Instrument Flight Rules. However, this instrument approves the use of two Cessna Grand Caravan 208B aircraft operated by Hinterland Aviation Pty Ltd in regular public transport, fitted with a TAWS B+ Terrain Avoidance Warning System and King KGP 560 EGPWS incorporating terrain display, instead of a GPWS as specified in subparagraph 9.1C(d) of section 20.18 of the Orders. This approval is contingent on the aircraft being operated with at least two pilots and in conjunction with MacAir Airlines Pty Ltd, and it applies nationally from the date of gazettal until 31 March 2006. This instrument affects the operation of existing Civil Aviation Orders and is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide that Australian aircraft must not be used in any class of operations unless they are equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) (Subreg. 207(2)). Specifically, turbine engined aeroplanes with a maximum take-off weight of more than 15,000 kg or carrying 10 or more passengers engaged in regular public transport must be equipped with a Ground Proximity Warning System (GPWS) when operating under the Instrument Flight Rules (para. 9.1C). This requirement ensures that such aircraft are fitted with safety equipment that meets specific standards outlined in section 108.36 of the Civil Aviation Orders. In this context, Hinterland Aviation Pty Ltd has sought and received approval to operate two Cessna Grand Caravan 208B aircraft, registered as VH-MRZ and VH-TFS, on regular public transport operations without a GPWS, provided they are fitted with the TAWS B+ Terrain Avoidance Warning System and King KGP 560 EGPWS incorporating terrain display. This approval is conditional on the aircraft being operated with no less than two pilots and in conjunction with MacAir Airlines Pty Ltd. CASA considers the specified equipment to be a suitable, albeit alternative, safety measure that does not compromise safety standards, particularly for smaller aircraft in the lower end of the market. The obligations imposed on Hinterland Aviation Pty Ltd and MacAir Airlines Pty Ltd include ensuring that the approved aircraft are always operated with two pilots and in conjunction with MacAir Airlines Pty Ltd. Furthermore, the aircraft must be fitted with the specified equipment, which CASA has deemed to provide an adequate level of safety without requiring a GPWS. These obligations are crucial to maintaining the approved operational standards and ensuring compliance with civil aviation safety regulations. Failure to comply with the approved conditions or the broader requirements of the CAR 1988 could lead to regulatory action. While specific offences and penalties are not detailed in the explanatory statement, breaches of civil aviation regulations generally result in administrative actions, fines, and potentially more severe consequences if safety is compromised. CASA has the authority to take enforcement measures against non-compliance, which could include grounding of the aircraft, suspension of operations, or other administrative penalties. The approval, being a disallowable instrument, is also subject to parliamentary disallowance under section 46A of the Acts Interpretation Act 1901.