Explanatory Statement
Civil Aviation Regulations 1988
Approval and direction — operations without an approved digital flight data recorder and cockpit voice recorder
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 operation 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 (CAO 20.18) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operation. Paragraph 6.1 provides that certain aircraft may be flown only if equipped with an approved flight data recorder system and an approved cockpit voice recorder.
This approval under subregulation 207 (2) of CAR 1988 permits the aircraft VH‑MQE to operate without an approved flight data recorder system or cockpit voice recorder while being used for parachuting training by members of the Australian Defence Force (ADF). The aircraft must, however, be equipped in all other respects as required by CAO 20.18. The aircraft is a civil aircraft operated by Military Support Services Pty Ltd (the operator) under a contract with the ADF.
Legislative Instruments Act
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 section 46A of the Acts Interpretation Act 1901. The instrument affects the operation of paragraph 6.1. 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, the instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
No consultation has taken place under section 17 of the LIA. The instrument has been issued for a limited period of time at the request of the operator to enable the aircraft to be operated under a contract with the ADF while it is fitted with a digital flight data recorder system and cockpit voice recorder as required under CAO 20.18.
The instrument comes into effect on the day after it is registered. It stops having effect at the end of 30 June 2007.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 84/07]
Overview
The Civil Aviation Regulations 1988, as amended by the instrument F2007L00546, address the specific requirement for an Australian aircraft to be equipped with an approved digital flight data recorder and cockpit voice recorder when used in certain classes of operation. This legislative instrument, enacted by the Civil Aviation Safety Authority (CASA) under the authority granted by Section 98 of the Civil Aviation Act 1988, allows for an exception for the aircraft VH-MQE when used for parachuting training by the Australian Defence Force (ADF). This exception is made possible through a temporary approval under subregulation 207(2) of the Civil Aviation Regulations 1988, permitting the aircraft to operate without these recorders provided it is otherwise equipped as required by Civil Aviation Order 20.18. The instrument is subject to disallowance by the Parliament under the Legislative Instruments Act 2003 and is issued for a limited period to accommodate the ADF’s operational needs while the aircraft is fitted with the requisite recorders.
Scope and Application
The Civil Aviation Regulations 1988, specifically Subregulation 207(2), apply to all Australian aircraft, mandating that they must be fitted with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) to be used in any class of operation. This requirement ensures safety and compliance with aviation standards, with particular emphasis on the necessity of having approved digital flight data recorders and cockpit voice recorders as specified in Civil Aviation Order 20.18 (CAO 20.18). However, an exception has been made for the aircraft VH-MQE, operated by Military Support Services Pty Ltd under a contract with the Australian Defence Force (ADF) for parachuting training purposes. This aircraft has been granted permission to operate without an approved flight data recorder system or cockpit voice recorder, provided it meets all other equipment requirements set out in CAO 20.18. The regulatory instrument allowing this exception is a legislative instrument under the Legislative Instruments Act 2003, subject to disallowance in Parliament and effective for a limited period until 30 June 2007.
Key Provisions
The Civil Aviation Regulations 1988, specifically under subregulation 207(2), mandate that Australian aircraft must be equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) to operate in any class. Paragraph 6.1 of Civil Aviation Order 20.18 (CAO 20.18) further specifies that certain aircraft must be equipped with an approved flight data recorder system and an approved cockpit voice recorder to fly. However, an exception is made under subregulation 207(2) of the Civil Aviation Regulations 1988, allowing the aircraft VH-MQE to operate without these systems if used for parachuting training by members of the Australian Defence Force (ADF). The aircraft must still be equipped in all other respects as required by CAO 20.18. This approval permits Military Support Services Pty Ltd, the operator of the aircraft under a contract with the ADF, to use the aircraft in the specified operations.
The obligations imposed by the Civil Aviation Regulations 1988 and CAO 20.18 on the operator, Military Support Services Pty Ltd, are clear and precise. They must ensure that the aircraft VH-MQE is equipped in all respects required by CAO 20.18, except for the flight data recorder system and cockpit voice recorder, which are specifically exempted for the ADF parachuting training operations. The operator must also ensure that any changes to the regulatory framework, such as the issuance of new directions by CASA, are adhered to and that the aircraft complies with all other regulatory requirements. This includes ensuring the aircraft is maintained in a condition that meets all safety standards applicable to its operations.
Breaches of the Civil Aviation Regulations 1988 and CAO 20.18 can result in significant consequences. The specific consequences depend on the nature and severity of the breach. Under section 46A of the Acts Interpretation Act 1901, any new directions issued by CASA that amend, vary, or repeal existing Civil Aviation Orders are considered disallowable instruments. These instruments must be tabled and can be disallowed by Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. In the event of a breach of the operational requirements set out in the Civil Aviation Regulations 1988 and CAO 20.18, the operator could face civil or criminal penalties, depending on the severity of the non-compliance and the specific provisions of the Civil Aviation Act 1988. Maximum penalties for serious breaches can include substantial fines and, in some cases, imprisonment.