CASA 190/13 - Approval and directions - operations without an approved digital flight data recorder system

Overview

The Civil Aviation Regulations 1988, enacted to ensure safety in the civil aviation sector, were amended to introduce an exemption for a specific aircraft, the Cessna Aircraft Company C550 (Bravo) aeroplane with serial number 550-0953 and registration marks VH-CCJ, from the requirement to be equipped with an approved digital flight data recorder. This exemption was introduced to address the impracticality and prohibitive cost of retrofitting such equipment, as advised by the aircraft manufacturer. The instrument, made under the authority of the Civil Aviation Act 1988 and overseen by the Civil Aviation Safety Authority (CASA), allows the specified aircraft to operate without a digital flight data recorder provided it is used exclusively for private operations and not for flight training, and it must be fitted with a serviceable cockpit voice recorder. The exemption is intended to remain in effect until a national strategy regarding the installation of flight data recorders in private aircraft is developed, allowing operators time to comply with any new requirements. The instrument is subject to disallowance under the Legislative Instruments Act 2003 and is accompanied by a Statement of Compatibility with Human Rights, confirming its alignment with human rights obligations.

Scope and Application

The Civil Aviation Regulations 1988, as amended by F2013L01763, provide specific provisions regarding the operation of aircraft without an approved digital flight data recorder system. This particular legislative instrument allows the Cessna Aircraft Company C550 (Bravo) aeroplane, serial number 550-0953, registered as VH-CCJ, to operate without such a system under certain conditions. The aircraft must be used solely for private operations and must not be used for training flights. Furthermore, the aircraft must be equipped with a serviceable cockpit voice recorder and comply with all other requirements outlined in Civil Aviation Order 20.18. The exemption is granted for a period of three years, with the intention of allowing time for the development of a national strategy concerning the installation of digital flight data recorders in private aircraft. The instrument, which is a legislative instrument under the Legislative Instruments Act 2003, was made by a delegate of the Civil Aviation Safety Authority and is subject to tabling and disallowance in the Parliament. Importantly, this instrument does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011, and is thus compatible with human rights.

Key Provisions

The key operative sections of the Civil Aviation Regulations 1988 (CAR 1988) and associated Civil Aviation Orders (CAO) establish the requirements for aircraft equipment and operations. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to create regulations. Subregulation 207(2) of CAR 1988 mandates that Australian aircraft must be equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) to be used in specific classes of operations. CAO 20.18 outlines the necessary instruments and equipment for Australian aircraft, including the requirement for an approved flight data recorder system for certain classes of operations. This specific legislation allows aircraft VH-CCJ to operate without an approved flight data recorder system, provided it is used solely for private operations and not for training flights. Despite this exemption, the aircraft must still comply with all other requirements outlined in CAO 20.18 and must be fitted with a serviceable cockpit voice recorder. The exemption aims to address the high cost of installing a flight data recorder, considering there is currently no retrofit option available for the aircraft in question. The obligations imposed on the parties governed by this Act include strict adherence to the operational restrictions imposed on aircraft VH-CCJ. The aircraft must be exclusively used for private operations, cannot be used for flying training, and must be equipped with a serviceable cockpit voice recorder. Furthermore, the aircraft must comply with all other stipulated requirements under CAO 20.18. In terms of penalties and consequences for breach, the regulations do not explicitly outline specific offences or penalties in the text provided. However, as a legislative instrument, any failure to comply with the regulations could potentially lead to enforcement actions by CASA, which may include fines, suspension of operation permits, or other regulatory sanctions. The disallowance process under the Legislative Instruments Act 2003 could also apply to any subsequent amendments or variations to the CAO, subjecting them to parliamentary scrutiny and potential disallowance. Overall, this legislative instrument aims to balance the operational needs of a specific aircraft with safety and regulatory compliance, while ensuring that the human rights and freedoms recognised in international instruments are not infringed upon.