EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
APPROVAL AND DIRECTION — FLIGHT DATA RECORDERS UNDER SUBREGULATION 207 (2)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft must not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.
Civil Aviation Order 20.18 sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations. Paragraph 6.1 provides that certain aircraft may be flown only if equipped with an approved flight data recorder system.
This approval under subregulation 207 (2) permits the aircraft VH-VFP to operate without an approved flight data recorder system while being operated in private operations. The aircraft must, however, be equipped in all other respects, as required by Civil Aviation Order 20.18 and must not be used for training flights.
Under regulation 5A of CAR 1988, if CASA has issued a direction in the form of a CAO and later issues another direction which has the effect of amending, varying or repealing the CAO, the later instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. The approval affects the operation of paragraph 6.1.
No consultation has taken place. The instrument is similar to a previous instrument (CASA 48/04) issued for aircraft VH-MGC, which lapsed after a change of aircraft registration mark, and remakes it in modified form. This is a continuation of the current policy.
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
The instrument has been issued by a delegate of CASA. It commences on the day after it is registered on the Federal Register of Legislative Instruments and stops having effect at the end of 28 February 2006.
[Instrument number CASA 395/05]
Overview
The Civil Aviation Regulations 1988 were enacted to provide comprehensive safety standards for civil aviation in Australia, addressing gaps in previous regulations by incorporating more stringent and updated safety requirements for aircraft operations. This legislation, issued under the authority of the Civil Aviation Act 1988 by the Governor-General, ensures that Australian aircraft meet specific safety criteria, including the installation and operation of essential instruments and equipment. One of the key aspects addressed by these regulations is the mandatory requirement for certain aircraft to be equipped with an approved flight data recorder system, as outlined in Civil Aviation Order 20.18, to enhance flight safety and incident investigation capabilities.
The Civil Aviation Safety Authority (CASA) plays a pivotal role in enforcing these regulations by approving or directing the use of specific equipment on aircraft, as stipulated in subregulation 207(2). An instance of this regulatory function is seen in the approval for aircraft VH-VFP to operate without a flight data recorder system, under specific conditions and limitations, while maintaining compliance with all other equipment requirements. This regulatory approach aims to balance operational flexibility with the overarching goal of ensuring the safety and efficiency of civil aviation operations within Australia.
Scope and Application
The Civil Aviation Regulations 1988, specifically under subregulation 207(2), mandate that Australian aircraft must be equipped with approved instruments and equipment, including emergency equipment, as directed by the Civil Aviation Safety Authority (CASA) to be used in any class of operations. This requirement is tailored to ensure that aircraft meet safety standards and operational requirements. However, a particular exemption has been granted to the aircraft with registration mark VH-VFP, allowing it to be used in private operations without an approved flight data recorder system, provided it adheres to all other equipment requirements specified in Civil Aviation Order 20.18 and is not used for training flights. This exemption is applicable nationally and is subject to disallowance in Parliament, reflecting the regulatory framework's commitment to safety while accommodating specific operational needs. The exemption is effective until the end of February 2006, as declared in the legislative instrument CASA 395/05.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) under subregulation 207(2) mandate that Australian aircraft must be fitted with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) to be used in any class of operations. Specifically, paragraph 6.1 of Civil Aviation Order 20.18 stipulates that certain aircraft must be equipped with an approved flight data recorder system. However, subregulation 207(2) provides an exception for the aircraft VH-VFP, allowing it to operate in private operations without an approved flight data recorder system, provided it is otherwise equipped as required by Civil Aviation Order 20.18 and it is not used for training flights.
Compliance with the regulations imposes certain obligations on aircraft owners and operators. Primarily, they must ensure that their aircraft are fitted with all necessary instruments and equipment approved by CASA unless a specific exception applies, as it does for VH-VFP in private operations. Additionally, aircraft must adhere to all other requirements outlined in Civil Aviation Order 20.18, ensuring they are fully compliant with safety standards except where explicitly exempted. Operators must also refrain from using the aircraft for training flights if it is operating under this exception.
Breach of these regulations can lead to significant consequences. Under regulation 5A of CAR 1988, any direction issued by CASA in the form of a Civil Aviation Order (CAO) that is later amended, varied, or repealed is considered a disallowable instrument under the Acts Interpretation Act 1901. This means that if CASA issues a new direction that modifies an existing CAO, the new direction can be subject to disallowance in Parliament. Failure to comply with CASA’s directions and the conditions set out in the regulations could result in enforcement actions, fines, or other penalties as determined by CASA. The maximum penalties for non-compliance with civil aviation regulations can include substantial fines and potential criminal charges if the breach is severe enough to endanger public safety.