EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
APPROVAL 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 shall not be used in any class of operations unless it is fitted with instruments; and is fitted with or carries such equipment as the Civil Aviation Safety Authority (CASA) approves or directs.
Section 20.18 of the Civil Aviation Orders (the Orders) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations.
Paragraph 6.1 of section 20.18 provides that certain aircraft referred to in the paragraph must not be flown unless equipped with an approved flight data recorder system and approved cockpit voice recorder system. Paragraph 6.7 of section 20.18 permits such an aircraft to operate with an unserviceable flight data recorder system or cockpit voice recorder system but only for a period of 24 hours and subject to the operational restrictions set out in the paragraph.
This approval under subregulation 207 (2) permits the aircraft VH-MGC to operate with an unserviceable flight data recorder system while conducting private operations only and while fitted with not more than 9 passenger seats. The approval is subject to the aircraft having a serviceable cockpit voice recorder system as required by paragraph 6.1 of section 20.18.
Under regulation 5A, a “prescribed direction or exemption” that affects the operation of anything in an Order is a disallowable instrument. This approval affects the operation of paragraphs 6.1 and 6.7 of section 20.18 and is a prescribed direction or exemption as defined in regulation 5A. It has been tabled as a disallowable instrument.
The approval comes into effect on 20 February 2004 and continues in effect until the end of 19 February 2006.
The approval has been issued by a delegate of CASA in accordance with regulation 7 of CAR 1988.
[Instrument Number CASA 48/04]