CASA EX07/13 - Exemption - carriage of cockpit voice recorders and flight data recorders

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2013L00137 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — carriage of cockpit voice recorders and flight data recorders

Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation.

 

Legislation

Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that a person must not use an Australian aircraft 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. Under regulation 5 (1) of CAR 1988, where CASA may issue directions under CAR 1988, it may do so in the form of Civil Aviation Orders (CAOs).

Civil Aviation Order 20.18 (CAO 20.18) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations.

Paragraph 6.1 of CAO 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 an approved cockpit voice recorder system. Paragraph 6.2 of CAO 20.18 requires these systems to meet standards specified in CAO 103.19 and CAO 103.20 and makes the approval subject to a condition relating to replay (subparagraph 6.2 (b) of CAO 20.18).

These requirements are considered too restrictive. The standards set out in the CAOs, which date from the 1960s, have been superseded by new standards issued in the United States of America and Europe. In addition, approval by CASA of the individual instruments in accordance with subparagraph 6.2 (b) of CAO 20.18 is no longer required.

The exemption, therefore, exempts the specified aircraft from compliance with paragraphs 6.1 and 6.2 of CAO 20.18, if they meet standards at least equivalent to the requirements mentioned in paragraph 6.2, that have been determined by the type certificating authority for the aircraft, or are requirements acceptable to CASA.

 

Background

The instrument is a re-issue of an exemption in the same terms issued in 2011 (CASA EX12/11) which expired at the end of January 2011. It was originally proposed to amend CAO 20.18 to incorporate the new recording systems standards but this was deferred because it was considered that new regulations would supercede the CAO. However, finalisation of the new regulations is not yet complete.

 

The majority of commercial air transport aircraft currently operating in Australia are fitted with equipment meeting the newer standards. Strictly speaking they cannot comply with the older standard in paragraph 6.2 of CAO 20.18. It is necessary, therefore, to re-issue the exemption for a further period to accommodate this circumstance. Aircraft which comply with the existing standard are not affected by the exemption.

 

Legislative Instruments Act

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988, or a provision of the CAOs, in relation to a matter mentioned in that subsection. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of aircraft. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is a re-issue of an expired exemption which is of beneficial effect to those operators who may continue to take advantage of it.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and Commencement

The exemption has been made by a delegate of CASA relying on the power of delegation in subregulation 11.260 (1) of CASR 1998.

The exemption commences on 1 February 2013 and stops having effect at the end of 31 January 2014.

[Instrument number CASA EX07/13]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption – carriage of cockpit voice recorders and flight data recorders

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The Legislative Instrument exempts specified aircraft from compliance with paragraphs 6.1 and 6.2 of Civil Aviation Order 20.18 (CAO 20.18), if they meet standards at least equivalent to the requirements mentioned in paragraph 6.2, that have been determined by the type certificating authority for the aircraft, or are requirements acceptable to CASA. The majority of commercial air transport aircraft currently operating in Australia are fitted with equipment meeting the newer standards. Strictly speaking they cannot comply with the older standard in paragraph 6.2 of CAO 20.18.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) aim to ensure the safety of civil aviation by establishing standards and requirements for the operation of aircraft in Australia. Enacted by the Australian Parliament, these regulations empower the Civil Aviation Safety Authority (CASA) to issue directions and make orders to further this objective. The CASR 1998 was introduced to address the need for stringent safety regulations in the aviation sector, ensuring that aircraft operations meet rigorous safety standards to protect passengers, crew, and the public. The regulations provide a comprehensive framework for aircraft operations, including requirements for aircraft instruments and equipment, maintenance, and operational standards. This legislation ensures that Australian aviation remains one of the safest in the world by setting out clear and enforceable safety requirements.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, regulate the safety of air navigation in Australia. Specifically, the regulations and associated Civil Aviation Orders (CAOs) mandate that certain Australian aircraft must be equipped with approved flight data recorders and cockpit voice recorders to ensure safety during operations. However, recognising the evolution of technology and international standards, the Civil Aviation Safety Authority (CASA) has issued an exemption for a specified class of aircraft. This exemption applies to aircraft that meet newer standards at least equivalent to those previously outlined in CAO 20.18, either as determined by the aircraft's type certificating authority or acceptable to CASA. This exemption allows these aircraft to operate without strict adherence to the older standards, facilitating compliance with contemporary safety requirements. The exemption is geographically applicable within Australia and is subject to the provisions of the Legislative Instruments Act 2003, which governs the creation and operation of legislative instruments. This exemption is a temporary measure, effective from 1 February 2013 until 31 January 2014, pending the finalisation of new regulations that will better align with current international standards.

Key Provisions

The key provisions of the Civil Aviation Safety Regulations 1998, as modified by the explanatory statement, concern the carriage of cockpit voice recorders and flight data recorders in Australian aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation. Specifically, section 207(2) of the Civil Aviation Regulations 1988 (CAR 1988) mandates that an Australian aircraft cannot be used in any class of operations unless it is fitted with instruments and equipment approved by the Civil Aviation Safety Authority (CASA). These requirements are further detailed in Civil Aviation Order 20.18 (CAO 20.18), which specifies that certain aircraft must be equipped with approved flight data recorder systems and cockpit voice recorder systems meeting standards outlined in CAO 103.19 and CAO 103.20. The exemption provided under the current legislation allows specified aircraft to operate without meeting these older standards, provided they meet standards at least equivalent to those in paragraph 6.2 of CAO 20.18, as determined by the type certificating authority or acceptable to CASA. The obligations imposed by the exemption are primarily on aircraft operators and manufacturers. Operators must ensure that the aircraft they intend to use meet the standards outlined in the exemption or are approved by CASA. Manufacturers, on the other hand, must ensure that the equipment they produce meets the relevant standards and is capable of being approved by CASA if necessary. Failure to comply with these obligations can result in the aircraft being deemed non-compliant, which may lead to operational restrictions or grounding of the aircraft. There are no specific offences or penalties outlined in the explanatory statement for breaching the exemption conditions. However, non-compliance with the Civil Aviation Regulations 1988 or Civil Aviation Orders could potentially lead to penalties under other sections of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. These penalties can include fines, imprisonment, or both, depending on the severity and nature of the breach. For instance, under section 11.160 of the Civil Aviation Safety Regulations 1998, CASA may impose penalties for non-compliance with safety regulations, which could include significant financial penalties for individuals or corporations. The exact penalties would be determined based on the specific breach and the discretion of the regulatory authority.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.