CASA 79/06 - Approval - operations without an approved digital flight data recorder

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, aim to regulate the safety of civil aviation within Australia. One of the key objectives of this Act is to ensure that aircraft operating in Australian airspace are equipped with the necessary instruments and equipment to maintain safety standards. The Act provides the Civil Aviation Safety Authority (CASA) with the authority to approve or direct the equipment that must be fitted on aircraft. The Explanatory Statement for this Act outlines a specific case where the regulations permit an aircraft, VH-VFP, to operate without an approved digital flight data recorder system in private operations, provided it meets all other equipment requirements specified in Civil Aviation Order 20.18. This exception is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, although no consultation was conducted due to the minor nature of the instrument. The instrument, issued by a delegate of CASA, was enacted on 1 March 2006 and ceased to have effect at the end of 31 December 2006.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) apply to all Australian aircraft used in any class of operation, ensuring they are fitted with instruments and equipment approved by the Civil Aviation Safety Authority (CASA). This regulation is underpinned by Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make such regulations. Specifically, subregulation 207(2) of CAR 1988 mandates that aircraft must be equipped with CASA-approved instruments and equipment, including emergency equipment. This regulation is further detailed in Civil Aviation Order 20.18 (CAO 20.18), which outlines the specific instruments and equipment required for certain classes of operations, including the mandatory requirement for an approved flight data recorder system in paragraph 6.1. However, an exception under subregulation 207(2) allows the aircraft VH-VFP to operate without an approved flight data recorder system in private operations, provided it is otherwise fully equipped as per CAO 20.18 and is not used for training flights. The instrument governing these approvals is subject to the Legislative Instruments Act 2003 and is considered a disallowable instrument under the Acts Interpretation Act 1901, thus requiring tabling and potential disallowance in the Parliament. This instrument, issued by a delegate of CASA, was effective from 1 March 2006 to 31 December 2006, and no consultation was required as it was deemed to be of a minor or machinery nature.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under Section 98 of the Civil Aviation Act 1988 permit certain operations to be conducted under specific conditions. Subregulation 207(2) mandates that Australian aircraft must be equipped with approved instruments and equipment, including emergency equipment, as directed by the Civil Aviation Safety Authority (CASA). Civil Aviation Order 20.18 (CAO 20.18) further specifies the necessary equipment for certain classes of operations, including the requirement for an approved flight data recorder system (paragraph 6.1). However, this approval allows the aircraft VH-VFP to operate without an approved flight data recorder system during private operations, provided it is equipped in all other respects as required by CAO 20.18, and not used for training flights. The obligations imposed by these regulations on the parties involved are quite clear. The aircraft operator must ensure that their aircraft, VH-VFP, is equipped with all necessary instruments and equipment as outlined in CAO 20.18, except for the flight data recorder system under this specific approval. This means that while the aircraft may be used for private operations, it cannot be used for any training flights. The operator must also ensure that the aircraft complies with all other requirements for its intended operations to maintain safety and regulatory standards. The consequences for non-compliance with these regulations are significant. Failure to adhere to the specified requirements could result in the aircraft not being permitted to operate. Furthermore, any violation of the Civil Aviation Regulations 1988 may lead to enforcement actions under the Civil Aviation Act 1988, which could include fines and other penalties. Specifically, under section 46A of the Acts Interpretation Act 1901, if CASA issues a Civil Aviation Order (CAO) and later amends it, the new CAO becomes a disallowable instrument. This means that it can be subject to disallowance by Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). The Legislative Instruments Act 2003 ensures that any legislative instrument, such as a CAO, must be tabled and may be disallowed if not approved by Parliament within the specified timeframe. It is also important to note that this instrument, being of a minor or machinery nature, did not require consultation as per the requirements of the Legislative Instruments Act 2003. The instrument was issued by a delegate of CASA and took effect from 1 March 2006, ceasing to have effect at the end of 31 December 2006. This temporary nature of the approval highlights the need for operators to stay updated with regulatory changes and ensure compliance within the specified period.