Explanatory Statement
Civil Aviation Regulations 1988
Exemption — design of modification or repair
Legislation
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988.
Paragraph 35 (2) (b) of CAR 1988 provides that if CASA or an authorised person is satisfied that a design conforms with any relevant design standard in respect of the type of aircraft or aircraft component to which the application relates, CASA or the authorised person must approve the design. An authorised person cannot approve a modification if he or she is not satisfied that the modification or repair complies with the design requirements that the aircraft was originally type certificated against.
CASA recognises that it is often not possible or practicable for an operator to demonstrate strict compliance with all applicable design requirements in the case of temporary modifications or repairs for ferry flights and overweight operations.
The exemption allows an authorised person to approve design for a one-off ferry flight, which does not fully comply with all the relevant design standards, subject to the conditions that the safety of air navigation is not compromised. It is a condition that an authorised person must take into account any relevant consideration relating to the safe operation of the intended flight, including all hazards and risks, before approving the design of temporary modifications or repairs. An authorised person may impose limitations or conditions on the approval or require that a specified thing be done to ensure the safety of air navigation. An authorised person must ensure that an aircraft with temporary modification or repair made to it is only operated in accordance with the requirements of a special flight permit issued under regulation 21.200 of the Civil Aviation Safety Regulations 1998.
Legislative Instruments Act
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. Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. The exemption is, therefore, a legislative instrument and 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 in this case. It is beneficial to industry.
The instrument commences on 1 December 2009 and stops having effect at the end of 30 November 2011.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Instrument number CASA EX100/09]