CASA 48/04 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted in 1988, were introduced to address the need for comprehensive regulations governing the operation of civil aviation in Australia, ensuring safety and efficiency. This regulatory framework empowers the Governor-General to make regulations, with subregulation 207(2) specifying that Australian aircraft must be fitted with approved instruments and equipment as directed by the Civil Aviation Safety Authority (CASA). The Civil Aviation Orders, particularly section 20.18, further delineates the specific instruments and equipment necessary for certain classes of operations, including the mandatory use of flight data recorder and cockpit voice recorder systems. This particular approval, issued under subregulation 207(2), allows the aircraft VH-MGC to operate with an unserviceable flight data recorder system during private operations, provided it has a serviceable cockpit voice recorder system and does not exceed nine passenger seats. This exemption, tabled as a disallowable instrument, is subject to operational restrictions and will remain in effect until the end of 19 February 2006.

Scope and Application

The Civil Aviation Orders provide comprehensive regulatory requirements for the operation of Australian aircraft, including stipulations on the mandatory equipment such as flight data recorder systems and cockpit voice recorder systems for certain aircraft types. Under subregulation 207(2) of the Civil Aviation Regulations 1988, the Civil Aviation Safety Authority (CASA) is empowered to issue approvals for deviations from these requirements under specific circumstances. This particular approval applies to aircraft VH-MGC, allowing it to conduct private operations with an unserviceable flight data recorder system, provided that the aircraft is configured with no more than 9 passenger seats and must maintain a serviceable cockpit voice recorder system. This exemption is strictly limited to the specified conditions and duration, from 20 February 2004 until 19 February 2006, and applies only to private operations. As a disallowable instrument, this approval has been tabled and can be subject to disallowance by parliament. The issuance of this approval is executed by a CASA delegate, in compliance with the relevant regulations.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) under consideration here are sections 98, 20.18, and subregulation 207(2). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations governing civil aviation. Subregulation 207(2) specifies that an Australian aircraft cannot be used in any class of operations unless it is properly equipped with instruments and any other equipment approved by or directed by the Civil Aviation Safety Authority (CASA). Section 20.18 of the Civil Aviation Orders (the Orders) details the specific instruments and equipment required for certain classes of aircraft operations. More specifically, paragraph 6.1 of section 20.18 mandates that certain aircraft must be equipped with an approved flight data recorder system and an approved cockpit voice recorder system before they can be flown. However, paragraph 6.7 permits these aircraft to operate with an unserviceable flight data recorder system, but only for a limited period of 24 hours and subject to certain operational restrictions outlined in the paragraph. The obligations and requirements imposed by the Civil Aviation Regulations and the Civil Aviation Orders on the parties or entities they govern include ensuring that aircraft used in Australian operations are properly equipped as per CASA's approval or direction. In this specific case, the aircraft VH-MGC is approved to operate with an unserviceable flight data recorder system while conducting private operations, but only if it is fitted with no more than 9 passenger seats. The approval also stipulates that the aircraft must have a serviceable cockpit voice recorder system, in line with the requirements of paragraph 6.1 of section 20.18. Furthermore, the approval is subject to the operational restrictions outlined in paragraph 6.7 of section 20.18. This approval, being a prescribed direction or exemption affecting the operation of certain provisions in the Orders, has been tabled as a disallowable instrument under regulation 5A. Any breaches of the Civil Aviation Regulations or the Civil Aviation Orders may result in civil or criminal consequences, including fines and imprisonment. While the specific penalties are not detailed in the provided explanatory statement, breaches of aviation safety regulations can generally result in significant penalties under Australian law. The approval under subregulation 207(2) is in effect from 20 February 2004 until the end of 19 February 2006, and it has been issued by a delegate of CASA in accordance with regulation 7 of CAR 1988. Failure to comply with the conditions of this approval could lead to enforcement actions by CASA or other relevant authorities.