Explanatory Statement
Civil Aviation Regulations 1988
Approval and directions — operations without an approved digital flight data recorder system
Legislation
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 must 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.
Civil Aviation Order 20.18 (CAO 20.18) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations. Paragraph 6.1 provides that certain aircraft may be flown only if equipped with an approved flight data recorder system.
This approval, under subregulation 207 (2) of CAR 1988, permits aircraft VH-CCJ to operate without an approved flight data recorder system while being operated in private operations. The aircraft must, however, be equipped in all other respects as required by CAO 20.18 and must not be used for training flights.
Legislative Instruments Act
Under regulation 5A of CAR 1988, if CASA has issued a direction in the form of a Civil Aviation Order (CAO) and later issues another direction which has the effect of amending, varying or repealing the CAO, the later instrument is a disallowable instrument. The instrument affects the operation of paragraph 6.1 of CAO 20.18.
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Consultation
Consultation with the aviation industry as a whole has not been undertaken in relation to this exemption. It has been granted in relation to a single aircraft only which, as a condition of exemption, must not be used for flying training and must be used for private operations only. It has been agreed that the exemption be granted for a period of 3 years, considering the high cost of installation of a flight data recorder, until a national strategy is developed in relation to the installation of such equipment in a private aircraft. It is intended that all private operators be informed of the intended national strategy, once formulated, to allow them time to comply with any intended requirements that may be in place under it, relating to the carriage of such equipment. Consultation was undertaken with the aircraft manufacturer who advised there is currently no retrofit available to install a flight data recorder in the aircraft subject to this exemption. Consequently, enforcing a requirement to retrofit the aircraft would result in a complex and costly engineering activity of an unknown duration during which time the aircraft would be inoperable.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The instrument commences on the day of registration and expires at the end of 31 August 2016, as if it had been repealed by another instrument.
[Instrument number CASA 190/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Approval and directions — operations without an approved
digital flight data recorder system
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument permits Cessna Aircraft Company C550 (Bravo) aeroplane, serial number 550-0953, with nationality and registration marks VH-CCJ, to be operated without an approved digital flight data recorder.
The instrument replaces instrument CASA 113/10 and directs that the aeroplane may only be operated in private operations, must not be operated in flying training operations, and must be fitted with a serviceable cockpit voice recorder. The aircraft must comply with all other requirements of Civil Aviation Order 20.18.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority