CASA EX10/10 - Exemption - display of markings and carriage of identification plates

Overview

The Civil Aviation Safety Regulations 1998, amended by the Legislative Instruments Act 2003, introduces an interim exemption under regulation 11.160, allowing the exemption from compliance with specific provisions related to aircraft markings and identification plates for Australian fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5,700 kg, operating solely within Australian territory. This exemption was necessitated by the design of some new generation aircraft and technical limitations of composite materials, which render compliance with the existing requirements impractical. The Civil Aviation Safety Authority (CASA) has proposed a project to amend Part 45 of the Civil Aviation Safety Regulations 1998, but until that amendment is enacted, this exemption serves as a temporary measure to address the identified gap in compliance. CASA does not foresee any detrimental effects on air navigation safety as a result of this exemption, which is intended to benefit the industry while maintaining safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) govern various aspects of aircraft safety, including the display of markings and the carriage of identification plates on aircraft. Regulation 45.045 of CASR 1998 sets out the required number and location of aircraft markings, while regulation 45.145 mandates that an aircraft identification plate must be attached to the aircraft. Regulation 45.065 further specifies the minimum height of the characters in a set of aircraft markings. However, due to the design of some new generation aircraft and technical limitations of composite materials, compliance with these requirements has become unfeasible. As an interim measure, 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 solely within Australian territory. This exemption applies to the provisions in CASR 1998 that would otherwise require compliance with specific marking requirements. CASA does not consider this exemption to have a detrimental effect on the safety of air navigation. The exemption is a disallowable instrument under regulation 11.215 of CASR 1998 and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The exemption was issued by a delegate of CASA in accordance with regulation 7(1) of the Civil Aviation Regulations 1988 and is effective from the day of registration until the end of January 2012.

Key Provisions

The main operative sections of this legislation pertain to the Civil Aviation Safety Regulations 1998 (CASR 1998), specifically sections 45.045, 45.145, and 45.065. These sections outline the required markings, identification plates, and the minimum height of characters for aircraft. Regulation 45.045(1)(a) specifies the permissible locations for aircraft markings on fixed-wing aircraft, either on the under surface of the port wing or across the under surface of both wings. Regulation 45.145 mandates the attachment of an aircraft identification plate in accordance with regulation 45.150, while regulation 45.065 sets the minimum height of the characters in a set of aircraft markings. The obligations and requirements imposed by the Act pertain primarily to the display of markings and carriage of identification plates on Australian aircraft. Under regulation 11.160 of the CASR 1998, the Civil Aviation Safety Authority (CASA) may grant exemptions from compliance with certain provisions of the CASR 1998. This particular exemption allows aircraft with a maximum take-off weight of less than 5,700 kg operating wholly within Australian territory to not comply with the specified markings and identification plate requirements. CASA has determined that this exemption will not adversely affect the safety of air navigation. The legislation outlines potential consequences for non-compliance with the exemption. As the exemption affects the operation of regulations 45.045, 45.145, and 45.065 of the CASR 1998, it is declared a disallowable instrument under regulation 11.215 of the CASR 1998. As such, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). The exemption is also considered a legislative instrument for the purposes of section 5 of the LIA. However, consultation under section 17 of the LIA has not been undertaken through the CASA SCC process, although CASA believes the exemption is beneficial to the industry. The exemption commences on the day of registration and will cease to have effect at the end of January 2012. The exemption has been issued by a delegate of CASA in accordance with regulation 7(1) of the Civil Aviation Regulations 1988, and has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with section 73 of the Act.