EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS
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 (the Regulations) provides that an Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment as the Civil Aviation Safety Authority (CASA) approves or directs.
Subregulation 5 (1) of the Regulations provides that where CASA is empowered under the Regulations to issue a direction, CASA may, unless the contrary intention appears, issue the direction in Civil Aviation Orders (the Orders) or otherwise in writing.
Section 20.18 of the Orders sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations.
Subsection 6 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 cockpit voice recorder system. Paragraph 6.2 of subsection 6 requires those recorder systems to record the parameters specified in section 103 of the Orders. Appendix I to section 20.18 sets out parameters for flight data recorders and the required ranges, accuracy and recording intervals for those parameters.
This approval under subregulation 207 (2) permits the aircraft with nationality and registration marks VH-YAF to operate with a flight data recorder system that does not fully meet the requirements of Appendix I in respect of 1 of the 20 parameters referred to in the Appendix.
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 paragraph 6.1 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 came into operation on gazettal.
The approval has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
[Instrument Number: CASA 95/00]
Overview
The Civil Aviation Regulations 1988, enacted by the Commonwealth Parliament, establish a framework for the regulation of civil aviation in Australia. To address specific operational needs and ensure safety, the Civil Aviation Safety Authority (CASA) is empowered under the Civil Aviation Act 1988 to issue directions and approvals, including those outlined in subregulation 207(2) of the Regulations. This particular approval under subregulation 207(2) pertains to an Australian aircraft with the nationality and registration marks VH-YAF, allowing it to operate with a flight data recorder system that does not fully meet the requirements of Appendix I concerning one of the 20 specified parameters. This exemption was issued as a Civil Aviation Order and has been tabled as a disallowable instrument, subject to parliamentary review. The approval was issued by a delegate of CASA in accordance with the stipulated regulatory framework, ensuring compliance with the overarching safety objectives of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Regulations 1988, approved under subregulation 207(2), mandate that Australian aircraft must be equipped with CASA-approved instruments and equipment to operate in any class of operations. Specifically, Section 20.18 of the Civil Aviation Orders dictates the necessary instruments and equipment for certain aircraft operations, including the mandatory installation of approved flight data recorder systems and cockpit voice recorder systems. These systems must record parameters specified in section 103 of the Orders, with Appendix I detailing the required ranges, accuracy, and recording intervals for these parameters. However, this approval allows the aircraft with nationality and registration marks VH-YAF to operate with a flight data recorder system that does not fully comply with the requirements of Appendix I concerning one of the 20 parameters outlined. This deviation has been approved by a delegate of CASA in accordance with the regulations and has been tabled as a disallowable instrument under regulation 5A. The approval came into effect upon gazettal, signifying its immediate application to the specified aircraft.
Key Provisions
Section 98 of the Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations that govern the safe operation of aircraft in Australia. Subregulation 207(2) of the Civil Aviation Regulations 1988 (the Regulations) mandates that Australian aircraft must be fitted with approved instruments and equipment to be used in any class of operations. The Civil Aviation Safety Authority (CASA) has the authority to approve or direct the fitting of these instruments and equipment. This regulatory framework ensures that aircraft meet safety standards before being permitted to operate. Furthermore, Subregulation 5(1) of the Regulations allows CASA to issue directions, either through Civil Aviation Orders (the Orders) or in written form, unless otherwise specified.
Under this regulatory scheme, CASA has issued specific requirements for instruments and equipment in section 20.18 of the Orders. Subsection 6 of this section outlines that certain aircraft must not be flown without an approved flight data recorder system and cockpit voice recorder system. Paragraph 6.2 of subsection 6 specifies that these recorder systems must record parameters as outlined in section 103 of the Orders. Appendix I to section 20.18 details the required parameters for flight data recorders, including the ranges, accuracy, and recording intervals for each parameter. These stringent requirements are designed to ensure comprehensive data collection for safety and regulatory compliance.
The approval under subregulation 207(2) of the Regulations allows the aircraft with the nationality and registration marks VH-YAF to operate with a flight data recorder system that does not fully meet the requirements of Appendix I for one of the 20 specified parameters. This approval has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations. It is important to note that this approval affects the operation of paragraph 6.1 of section 20.18 and is considered a "prescribed direction or exemption" as defined in regulation 5A. Such instruments are disallowable, meaning they can be annulled by a resolution of either House of Parliament. This approval came into operation upon gazettal and has been tabled as a disallowable instrument to allow for parliamentary scrutiny.
Failure to comply with the requirements set out in the Civil Aviation Regulations 1988 or the Civil Aviation Orders can lead to significant consequences. Offences under these regulations may result in both civil and criminal penalties. The maximum penalties for non-compliance can vary depending on the severity of the breach but may include fines and imprisonment. These penalties serve as a deterrent against unsafe practices and ensure that all aircraft operations adhere to the stringent safety standards established by CASA.