CASA 242/02 - Approval under subregulation 207 (2)

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, aims to establish and maintain a high standard of safety in civil aviation. The specific approval under subregulation 207(2) of these Regulations addresses the need for specific instrumentation and equipment on Australian aircraft to ensure safe operations. This approval is for Eurocopter AS 332L helicopters operated by Lloyd Helicopters Pty Ltd, allowing these aircraft to operate with a flight data recorder system that retains its last 5 hours of recording, subject to the condition that an approved cockpit voice recorder system retaining its last 30 minutes of recording is also in place. Furthermore, this approval deviates from the standard requirement for the cockpit voice recorder system by permitting it to record on 3 channels instead of the mandated 4, provided it meets all other specified requirements. This approval, issued by a delegate of the Civil Aviation Safety Authority (CASA) and tabled as a disallowable instrument, ensures compliance with the overarching safety standards while accommodating specific operational needs of the approved aircraft.

Scope and Application

The Civil Aviation Regulations 1988, as amended, provide the framework for the approval of specific aircraft equipment and operational requirements, as exemplified in the approval under subregulation 207(2) for Eurocopter AS 332L helicopters operated by Lloyd Helicopters Pty Ltd, trading as CHC Helicopters. This particular approval pertains to the use of an approved flight data recorder system that retains its last 5 hours of recording and an approved cockpit voice recorder system that retains its last 30 minutes of recording. The approval is contingent on the aircraft being equipped with both these systems and also allows for the cockpit voice recorder to record simultaneously on 3 channels, as opposed to the standard 4 channels, provided it adheres to other specified requirements. The approval was issued by a delegate of the Civil Aviation Safety Authority (CASA) under regulation 7 of the Civil Aviation Regulations 1988 and became effective upon gazettal, thus subjecting it to disallowance under regulation 5A of the Regulations. This approval aligns with the overarching regulatory intent to ensure safety and compliance in civil aviation operations within Australia.

Key Provisions

The Civil Aviation Regulations 1988 (the Regulations) under subregulation 207(2), empowered by Section 98 of the Civil Aviation Act 1988, stipulate that Australian aircraft cannot be used in any class of operations unless they are equipped with approved instruments and equipment, as directed or approved by the Civil Aviation Safety Authority (CASA). Specifically, Section 20.18 of the Civil Aviation Orders (the Orders) mandates certain instruments and equipment for aircraft engaged in specific classes of operations. For instance, Paragraph 6.1 of section 20.18 requires that certain aircraft must not be flown unless they are equipped with an approved flight data recorder system and an approved cockpit voice recorder system. Paragraph 6.5 further specifies that an approved flight data recorder must retain its last 25 hours of recording, while an approved cockpit voice recorder must retain its last 30 minutes of recording. This approval under subregulation 207(2) pertains to Eurocopter AS 332L helicopters operated by Lloyd Helicopters Pty Ltd, trading as CHC Helicopters. The approval allows these helicopters to operate with an approved flight data recorder system that retains its last 5 hours of recording, provided the aircraft is equipped with an approved cockpit voice recorder system that retains its last 30 minutes of recording. Furthermore, the approval is subject to the design requirements outlined in subsection 2 of section 103.20 of the Orders, which mandates that cockpit voice recorder systems should record simultaneously on at least 4 channels. However, this approval permits the cockpit voice recorder system to record on only 3 channels if it complies with all other requirements of subsection 2, including installation and recording parameters. The obligations imposed by this approval include ensuring that the helicopters are fitted with the approved flight data recorder system and cockpit voice recorder system as specified. The flight data recorder must be capable of retaining its last 5 hours of recording, and the cockpit voice recorder must retain its last 30 minutes of recording. Additionally, the cockpit voice recorder system must comply with the design requirements of subsection 2 of section 103.20, except for the requirement to record on at least 4 channels, for which it can record on 3 channels if it meets all other criteria. Failure to comply with these obligations may result in non-compliance with the Civil Aviation Regulations and potential operational restrictions. Any breach of the provisions set out in the Civil Aviation Regulations 1988 and the Civil Aviation Orders may result in various civil or criminal consequences. Under regulation 5A, a “prescribed direction or exemption” that affects the operation of anything in an Order is a disallowable instrument. This approval, being a prescribed direction or exemption as defined in regulation 5A, has been tabled as a disallowable instrument. The maximum penalties for non-compliance with these regulations can vary but may include fines, operational bans, or other enforcement actions as determined by CASA. The specific penalties depend on the nature and severity of the breach.