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]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to establish safety standards and regulatory requirements for civil aviation within Australia. The Civil Aviation Safety Regulations 1998 address issues and gaps related to the operation of aircraft, including the display of markings and carriage of identification plates. This regulatory framework is essential for ensuring the safety and security of air navigation within Australia. The regulations were issued by the Civil Aviation Safety Authority (CASA), which operates under the authority of the Civil Aviation Act 1988. The policy objective of these regulations is to provide a comprehensive safety regime for civil aviation, ensuring that aircraft meet specific standards to maintain safe operations. As an interim measure, CASA has granted a general exemption to all Australian fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5,700 kg operating within Australian territory. This exemption is necessary due to design and technical limitations of newer aircraft, particularly regarding the surfaces of composite materials. CASA has concluded that this exemption will not adversely affect the safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended to grant an interim exemption under regulation 11.160, allowing certain aircraft to operate without complying with specific marking and identification requirements set out in regulations 45.045, 45.145, and 45.065. This exemption applies to all Australian fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5700 kg that operate exclusively within Australian territory. The exemption is intended to address technical limitations and design challenges in newer aircraft, which make it impossible to comply with the current regulations. This exemption is subject to disallowance under the Legislative Instruments Act 2003, meaning it must be tabled and can be disallowed by the Parliament. The exemption is issued by a delegate of the Civil Aviation Safety Authority (CASA) in accordance with the Civil Aviation Regulations 1988 and will be in effect from the day after registration until the end of January 2010.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions relating to the markings and identification plates required on aircraft. Regulation 45.045 specifies that fixed wing aircraft must display one set of markings on the under surface of the port wing or across the under surface of both wings. Regulation 45.065 mandates a minimum height for the characters in these markings. Regulation 45.145 requires an aircraft identification plate to be attached to Australian aircraft. These regulations ensure that aircraft are identifiable and comply with specific design standards to maintain safety and recognition in the airspace.
The exemption, as outlined in regulation 11.160, allows the Civil Aviation Safety Authority (CASA) to grant relief from these specific requirements under certain conditions. CASA has identified that due to the design and material constraints of some newer aircraft, full compliance with the existing regulations may not be feasible. Consequently, CASA has proposed a general exemption for all Australian fixed wing aircraft and rotorcraft with a maximum take-off weight of less than 5,700 kg operating within Australian territory. This interim measure is intended to facilitate the safe operation of these aircraft while a more permanent solution is being developed.
Under the Legislative Instruments Act 2003 (LIA), this exemption is classified as a disallowable instrument because it amends regulations 45.045, 45.145, and 45.065 of the CASR 1998. Consequently, it must be tabled in Parliament and is subject to potential disallowance under sections 38 and 42 of the LIA. Despite this classification, consultation through the CASA Consultative Committee (SCC) was not undertaken, as CASA believes the exemption is beneficial to the aviation industry. The exemption is effective from the day after it is registered and will cease to have effect at the end of January 2010.
For breaches of the CASR 1998, including non-compliance with the exempted regulations, CASA may impose various civil and criminal penalties. The specific penalties can include fines, imprisonment, or both, depending on the severity of the breach. For instance, operating an aircraft in violation of these regulations could result in significant fines and potential imprisonment for the responsible individuals. It is crucial for all parties governed by these regulations to adhere to the requirements to avoid these severe consequences.