CASA 332/08 – Approval and directions - flight data recorders

Overview

The Civil Aviation Regulations 1988, enacted by the Commonwealth of Australia, were introduced to ensure the safety and efficiency of civil aviation within Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for these purposes. This particular approval and direction issued by the Civil Aviation Safety Authority (CASA) aims to address a specific operational need for Bristow Helicopters Australia Pty Ltd's BHA AS 332 L (Super Puma) helicopters. The regulation allows these helicopters to be equipped with flight recorders that retain their last 5 hours of recording, differing from the standard 25 hours required by the Civil Aviation Order 20.18. CASA has determined that this modification will not compromise the safety of air navigation, thereby facilitating a tailored approach to meet the operational requirements of these specific helicopters. This legislative instrument, issued under subregulation 7(1) of the Civil Aviation Regulations 1988, is subject to disallowance in the Parliament as per the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, as amended, regulate the operation of aircraft within Australia and apply to all aircraft registered in Australia, including those operated by Bristow Helicopters Australia Pty Ltd. Specifically, this approval pertains to BHA AS 332 L (Super Puma) helicopters operated by the company. The approval allows these helicopters to be equipped with flight data recorders that retain their last 5 hours of recording, which deviates from the standard 25 hours required under Civil Aviation Order 20.18. The Civil Aviation Safety Authority (CASA) has determined that this modification does not compromise the safety of air navigation. This approval is effective from 1 July 2008 and will cease to have effect at the end of June 2010. It is important to note that under the Legislative Instruments Act 2003, any subsequent directions, instructions, notifications, permissions, approvals, or authorities issued by CASA that affect the operation of Civil Aviation Orders are considered disallowable instruments, subject to parliamentary scrutiny and potential disallowance. The approval was issued by a delegate of CASA and does not require consultation under section 17 of the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) establish the requirements for the use of Australian aircraft in various classes of operations, with specific emphasis on the equipment they must carry. Under subregulation 207(2), an Australian aircraft cannot be used unless it is equipped with instruments and equipment, including emergency equipment, approved or directed by the Civil Aviation Safety Authority (CASA). Furthermore, paragraph 6.5 of Civil Aviation Order 20.18 mandates that aircraft covered by this Order must be equipped with a flight data recorder that retains at least the last 25 hours of recording. The Civil Aviation Order and any subsequent directions, instructions, notifications, permissions, approvals, or authorities issued by CASA are subject to disallowance in Parliament under the Legislative Instruments Act 2003 (LIA). This means that any new document affecting the operation of Civil Aviation Orders is considered a disallowable instrument and must be tabled and potentially disallowed by Parliament. In terms of operational requirements, Bristow Helicopters Australia Pty Ltd has received an approval for its BHA AS 332 L (Super Puma) helicopters to be equipped with flight recorders that retain the last 5 hours of recording instead of the usual 25 hours. CASA has determined that operating these helicopters under this approval does not compromise air navigation safety. This approval is an extension of a previous one, which was set to expire at the end of June 2008, and it is issued by a delegate of CASA under subregulation 7(1) of CAR 1988. It is effective from 1 July 2008 until the end of June 2010. The obligations under this approval are clear: Bristow Helicopters Australia Pty Ltd must ensure that its BHA AS 332 L (Super Puma) helicopters are equipped with flight data recorders that retain the last 5 hours of recording. Additionally, these helicopters must comply with all other equipment and operational requirements as specified by CASA. This requirement is critical to maintaining safety and compliance within the aviation sector, ensuring that all operational aircraft meet the necessary safety standards. Failure to comply with these requirements could lead to significant safety risks and potential legal repercussions. In the event of non-compliance with the provisions outlined in the Civil Aviation Regulations 1988 and the associated Civil Aviation Orders, there are both civil and criminal consequences. While the explanatory statement does not detail specific offences or penalties, it is known that breaches of aviation safety regulations can result in substantial fines, operational restrictions, and even the grounding of aircraft. Under Australian law, serious violations can lead to criminal charges, with potential penalties including imprisonment. The exact penalties would depend on the nature and severity of the breach, but they can be significant, reflecting the critical importance of aviation safety.