Overview

The Civil Aviation Regulations 1988, enacted by the Australian Government, were introduced to regulate the safety of civil aviation within Australia. The regulations provide the framework for ensuring that aircraft operating within Australian airspace meet specific safety standards. One such regulation, Subregulation 207(2), mandates that Australian aircraft must be equipped with approved instruments and equipment, including emergency equipment, as directed by the Civil Aviation Safety Authority (CASA). This regulation is aimed at maintaining the highest safety standards for air navigation and the operation of aircraft. The authority to create these regulations stems from Section 98 of the Civil Aviation Act 1988, empowering the Governor-General to establish such rules. The policy objective behind these regulations is to ensure the safety and efficiency of civil aviation operations within Australia.

Scope and Application

The Civil Aviation Regulations 1988, specifically subregulation 207(2) under F2005L01879, applies to Australian aircraft that are subject to the Civil Aviation Act 1988. The regulation mandates that these aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) before being used in any class of operations. This requirement includes carrying emergency equipment as directed by CASA. This particular legislative instrument focuses on the approval for BHA AS 332 L (Super Puma) helicopters operated by Bristow Helicopters Pty Ltd, permitting the use of flight data recorders that retain their last 5 hours of recording, differing from the standard 25 hours retention requirement. CASA has determined that this modification does not compromise the safety of air navigation. The regulation is subject to disallowance under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument under the Legislative Instruments Act 2003. The instrument, issued by a delegate of CASA, comes into effect the day after its registration on the Federal Register of Legislative Instruments and ceases to have effect at the end of June 2008.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) have been amended to allow certain BHA AS 332 L (Super Puma) helicopters operated by Bristow Helicopters Pty Ltd to be equipped with flight data recorders that retain their last 5 hours of recording, rather than the standard 25 hours (sections 98, 207(2)). This is a specific approval granted under the authority of Section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations. The Civil Aviation Safety Authority (CASA) has determined that equipping these helicopters with 5-hour flight data recorders will not compromise the safety of air navigation. The approval is detailed in a Civil Aviation Order (CAO) and aligns with paragraph 6.5 of CAO 20.18, which mandates the retention of 25 hours of recording for applicable aircraft. This specific approval is subject to the disallowance process as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 (LIA), although no consultation was undertaken for this particular instrument (sections 46A, 6(d)(i), 17, 38, 42 of the LIA). The instrument, issued by a delegate of CASA, comes into effect the day after its registration on the Federal Register of Legislative Instruments and will remain in force until the end of June 2008. The obligations imposed on Bristow Helicopters Pty Ltd under this regulation are to ensure that their BHA AS 332 L (Super Puma) helicopters are fitted with flight data recorders capable of retaining the last 5 hours of flight data. This requirement is in place to comply with the specific approval granted by CASA, ensuring that these helicopters meet the necessary safety standards while operating under the unique conditions specified by CASA. Bristow Helicopters Pty Ltd must also ensure that these flight data recorders are functioning correctly at all times and that the recorded data is readily accessible for any required safety investigations or audits. The company is obligated to maintain records of these flight data recorders, including their installation, maintenance, and any incidents recorded, in accordance with the regulatory framework established by CASA. Any breach of the regulations outlined in the Civil Aviation Regulations 1988 can result in significant consequences. Under section 54 of the Civil Aviation Act 1988, CASA has the authority to impose penalties for non-compliance. The maximum penalty for operating an aircraft that does not meet the regulatory requirements can include fines of up to $210,000 for individuals and $1,050,000 for corporations. Additionally, CASA can take enforcement actions such as grounding the aircraft, imposing operational restrictions, or revoking the operator’s licence if the breach is deemed serious enough to impact safety. These penalties serve as a deterrent to ensure that operators adhere to the regulations designed to maintain the highest standards of aviation safety.