CASA 225/10 – Approval and directions – flight data recorders

Overview

The Civil Aviation Regulations 1988, as amended by F2010L01606, address the requirement for flight data recorders on Australian aircraft, ensuring that they are equipped with the necessary instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA). This particular legislative instrument allows Bristow Helicopters Australia Pty Ltd to equip its BHA AS 332 L (Super Puma) helicopters with flight recorders that retain the last five hours of recording, rather than the standard 25 hours, provided that such operation does not compromise the safety of air navigation. The instrument was enacted by CASA under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, and it operates within the legislative framework established by the Legislative Instruments Act 2003, which outlines the processes for the tabling and disallowance of such instruments in Parliament. This approval replaces a previous directive and was issued without consultation under section 17 of the LIA, effective from 1 July 2010 until the end of June 2012.

Scope and Application

The Civil Aviation Regulations 1988, specifically this instrument, applies to BHA AS 332 L (Super Puma) helicopters operated by Bristow Helicopters Australia Pty Ltd. This regulation pertains to the mandatory installation and operation of flight data recorders on these aircraft, as required by the Civil Aviation Act 1988 and further detailed by the Civil Aviation Safety Authority (CASA) under subregulation 207(2) of the Civil Aviation Regulations 1988. The approval allows these helicopters to be equipped with flight recorders that retain their last 5 hours of recording instead of the standard 25 hours, a deviation from the usual requirement stipulated in paragraph 6.5 of Civil Aviation Order 20.18. CASA has determined that this adjustment will not compromise the safety of air navigation. Geographically, the regulation's application is confined to Australia, as CASA is the regulatory body within the national jurisdiction. The regulation is an instrument under the Legislative Instruments Act 2003 and is subject to disallowance under sections 38 and 42 of the Act, though it was issued without the consultation required by section 17 of the LIA. The instrument, issued under subregulation 7(1) of CAR 1988 by a delegate of CASA, commenced on 1 July 2010 and will cease to have effect at the end of June 2012.

Key Provisions

The main operative sections of this legislation concern the approval and direction of flight data recorders for specific aircraft types, particularly for BHA AS 332 L (Super Puma) helicopters operated by Bristow Helicopters Australia Pty Ltd. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, which are further specified in subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988). This regulation mandates that Australian aircraft must not be used unless they are fitted with approved instruments and equipment, including emergency equipment, as directed by the Civil Aviation Safety Authority (CASA). Moreover, paragraph 6.5 of Civil Aviation Order 20.18 requires that certain aircraft must be equipped with a flight data recorder that retains its last 25 hours of recording. This particular approval allows BHA AS 332 L (Super Puma) helicopters to be equipped with flight recorders that retain their last 5 hours of recording, which CASA considers will not affect the safety of air navigation. The obligations imposed by this Act on the parties involved, primarily Bristow Helicopters Australia Pty Ltd, include ensuring that their BHA AS 332 L (Super Puma) helicopters are equipped with flight recorders that meet the specified recording duration of 5 hours. This requirement aligns with the approval given by CASA, which considers such equipment adequate for the purposes of air safety. Bristow Helicopters must maintain these flight data recorders in working order and ensure they are capable of retaining the requisite duration of flight data. Failure to comply with these specifications could result in non-compliance with the Civil Aviation Regulations and potentially compromise the safety standards set by CASA. In terms of legal consequences, any breach of the regulations could lead to civil or criminal penalties. Although the specific penalties are not detailed in the provided text, breaches of aviation safety regulations under CAR 1988 can lead to significant consequences. Under the Legislative Instruments Act 2003 (LIA), any instrument that affects the operation of a Civil Aviation Order and is issued by CASA is considered a disallowable instrument. This means that such instruments are subject to tabling and disallowance in Parliament, providing a mechanism for legislative oversight. Additionally, failure to adhere to CASA's directives and approvals could result in fines, operational restrictions, or other enforcement actions as prescribed by the Civil Aviation Act 1988 and related regulations. The exact penalties would depend on the severity and nature of the breach, but they could include substantial financial penalties and potential criminal charges for individuals found responsible for non-compliance.