Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — display of markings and carriage of identification plates
Section 98 of the Civil Aviation Act 1988 empowers the Governor‑General to make Regulations.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may by instrument grant an exemption under this Division from compliance with a provision in CASR 1998.
Regulation 45.045 of CASR 1998 sets out the required number and location of sets of markings. Paragraph 45.045 (1) (a) provides that in a fixed wing aircraft 1 set of the markings may be either on the under surface of the port wing or across the under surface of both wings, in each case as set out in subregulation 45.045 (2).
Regulation 45.065 of CASR 1998 sets out the minimum height of the characters in a set of aircraft markings. Markings comprise the nationality and registration marks of an aircraft.
Regulation 45.145 of CASR 1998 provides that a person may only operate an Australian aircraft only if an aircraft identification plate is attached to the aircraft in accordance with regulation 45.150.
The design of some new generation aircraft and technical limitations applying to the surfaces of composite materials used in newer aircraft makes compliance with the requirements not possible. CASA has proposed a project to amend Part 45 of the CASR 1998. The proposed amendment has been submitted to CASA Consultative Committee (SCC) for comments. As an interim measure a general exemption is to be granted to all Australian fixed wing aircraft and rotorcraft with a maximum take-off weight of less than 5 700 kg operating wholly within Australian territory. CASA does not consider that the exemption will have a detrimental effect on the safety of air navigation.
Legislative Instruments Act
Because the exemption affects the operation of regulations 45.045, 45.145 and 45.065 of CASR 1998, it is declared to be a disallowable instrument under regulation 11.215 of CASR 1998. 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, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken through the CASA SCC process. The exemption is beneficial to industry.
The exemption commences on the day after it is registered and stops having effect at the end of January 2010.
The exemption has been issued by a delegate of CASA, in accordance with regulation 7 (1) of the Civil Aviation Regulations 1988.
[Instrument CASA EX05/08]