CASA 183/08 – Approval and directions – operations without an approved digital flight data recorder

Overview

The Civil Aviation Regulations 1988 were enacted to provide for the regulation of civil aviation in Australia and to establish safety standards for aircraft operations. One of the key objectives of the Act, as highlighted in the Explanatory Statement for the approval and directions concerning operations without an approved digital flight data recorder, is to ensure that aircraft are equipped with the necessary instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA). This specific regulation, which allows certain aircraft to operate without an approved flight data recorder system under certain conditions, was introduced to address the operational needs of specific aircraft while maintaining overall safety standards. The regulation is issued by CASA under the authority granted by Section 98 of the Civil Aviation Act 1988 and is subject to disallowance in the Parliament, as outlined in the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, as amended, apply to all aircraft registered in Australia, encompassing a wide range of operations and entities within the aviation industry. Specifically, this regulation concerns aircraft operations that may proceed without an approved digital flight data recorder, which is typically a requirement for certain classes of operations. The regulation under consideration permits aircraft VH-CCJ to operate in private operations without such a recorder, provided it is otherwise equipped in accordance with Civil Aviation Order 20.18 and is not used for training flights. The scope of this regulation extends to ensuring that these aircraft meet all other safety and operational standards as stipulated by the Civil Aviation Safety Authority (CASA). The regulation's jurisdiction is national, applying across the Commonwealth of Australia, and its application is governed by the Civil Aviation Act 1988. The regulation is a legislative instrument subject to disallowance under the Legislative Instruments Act 2003, which mandates its tabling and potential disallowance in Parliament. It is important to note that this instrument is a continuation of a previous policy and is issued under the authority of CASA, with no consultation having taken place for this specific regulation.

Key Provisions

The primary operative sections of the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Order 20.18 (CAO 20.18) establish that an Australian aircraft must be equipped with approved instruments and equipment, as stipulated in section 98 of the Civil Aviation Act 1988 and subregulation 207(2) of CAR 1988. Specifically, subregulation 207(2) mandates that an Australian aircraft cannot be used in any class of operations unless it is fitted with the instruments and equipment that the Civil Aviation Safety Authority (CASA) approves or directs. CAO 20.18, under paragraph 6.1, further specifies that certain aircraft must be equipped with an approved flight data recorder system. However, the regulations permit aircraft VH-CCJ to operate without such a system while being operated in private operations, provided it adheres to all other equipment requirements outlined in CAO 20.18 and is not used for training flights. The Act imposes several obligations on the parties or entities it governs. Primarily, aircraft owners or operators must ensure their aircraft comply with the equipment requirements as mandated by CAR 1988 and CAO 20.18. For aircraft VH-CCJ, this means ensuring compliance with all equipment requirements except for the necessity of an approved flight data recorder system, provided the aircraft is used exclusively for private operations and not for training flights. CASA retains the authority to issue directions and amendments to the CAO, which must be tabled and potentially disallowed by Parliament if they are deemed disallowable instruments under the Legislative Instruments Act 2003 (LIA). Breaches of the Civil Aviation Regulations 1988 and Civil Aviation Order 20.18 can lead to various consequences, including civil and criminal penalties. While the specific penalties are not detailed in the explanatory statement, regulatory breaches generally attract fines and potential prosecution. The regulations are designed to ensure the safety and compliance of aircraft operations, and non-compliance can result in significant penalties under Australian aviation law. Furthermore, the disallowable instrument provisions under the LIA add an additional layer of regulatory scrutiny, ensuring that any amendments to CAO 20.18 are subject to parliamentary oversight. The legislative instruments affected by this regulation are subject to disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. This means that any Civil Aviation Order issued by CASA that amends, varies, or repeals an existing CAO must be tabled in Parliament and can be disallowed if Parliament so decides. This process ensures that changes to aviation regulations are subject to parliamentary review, maintaining a balance between regulatory flexibility and legislative accountability. The instrument in question, CASA 183/08, is effective from the day after its registration until the end of 31 March 2010, and it has been issued by a delegate of CASA in accordance with subregulation 7(1) of CAR 1988.