CASA EX04/12 - Exemption - display of markings and carriage of identification plates

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to regulate the safety of civil aviation within Australia, ensuring that all aircraft operations meet minimum safety standards. The problem addressed by this legislation was the inability of some new generation aircraft and those with composite material surfaces to comply with certain markings and identification requirements due to design and technical limitations. The Civil Aviation Safety Authority (CASA) proposed an amendment to Part 45 of CASR 1998 to address this issue. As an interim measure, CASA granted a general exemption from compliance with these requirements for Australian fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5,700 kg, operating within Australian territory. This exemption was introduced to maintain safety while accommodating the limitations of certain aircraft designs. The exemption is subject to the Legislative Instruments Act 2003, which governs the creation and operation of legislative instruments, including exemptions from compliance with regulations. This instrument, CASA EX04/12, is a legislative instrument issued by CASA, subject to tabling and disallowance in the Parliament, and it is compatible with human rights as it does not raise any human rights issues. The exemption is effective from 1 February 2012 until the end of January 2015.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) are governed by the Civil Aviation Act 1988, which empowers the Governor-General to enact regulations. Section 98 of the Act allows for the creation of regulations, and under regulation 11.160, the Civil Aviation Safety Authority (CASA) can grant exemptions from CASR 1998 provisions. Regulation 45.045 specifies the required markings on aircraft, while regulation 45.065 details the minimum height of characters in these markings. Furthermore, regulation 45.145 mandates the attachment of an aircraft identification plate for Australian aircraft operations. CASA has proposed a general exemption for Australian fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5,700 kg operating within Australian territory, due to design limitations and technical restrictions of newer aircraft materials. This exemption is considered interim and non-detrimental to air navigation safety. The exemption, issued as a legislative instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in Parliament. It is neither subject to consultation nor human rights compatibility issues and is set to commence on 1 February 2012, expiring at the end of January 2015.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under regulation 11.160 allow the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions of the regulations, including the markings and identification requirements for aircraft. Specifically, regulation 45.045 mandates the placement of aircraft markings, which must be on the under surface of the port wing or across both wings, as specified in subregulation 45.045(2). Regulation 45.065 stipulates the minimum height of the characters in these markings, while regulation 45.145 requires an aircraft identification plate to be attached in accordance with regulation 45.150. CASA has proposed a project to amend Part 45 of CASR 1998 due to design and technical limitations of newer aircraft, but as an interim measure, a general exemption has been issued for Australian fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5,700 kg operating solely within Australian territory. The exemption, issued under section 98 of the Civil Aviation Act 1988 (the Act), is intended to address the challenges posed by the design and materials of newer aircraft, which make compliance with the existing marking requirements impractical. This exemption is considered necessary as CASA does not believe it will adversely affect the safety of air navigation. As a legislative instrument, the exemption is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Notably, consultation under section 17 of the LIA has not been undertaken for this exemption, which is a renewal of a previous exemption, CASA EX10/10, that expires at the end of January 2012. This exemption does not engage any applicable rights or freedoms and is deemed compatible with human rights as it does not raise any human rights issues. The exemption is effective from 1 February 2012 and will cease to have effect at the end of January 2015. The exemption, designated as CASA EX04/12, has been made by the Director of Aviation Safety on behalf of CASA in accordance with section 73 of the Act. There are no specific offences or penalties outlined for breach of this exemption as it is an administrative measure intended to facilitate compliance in light of the design and technical constraints of certain aircraft. However, the overarching regulatory framework of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provides for broader enforcement actions in the event of non-compliance with aviation safety regulations, including fines and potential prosecution.