CASA EX100/09 - Exemption - design of modification or repair

Overview

The Civil Aviation Regulations 1988 were amended in 2009 to introduce an exemption concerning the design of modifications or repairs for aircraft, as detailed in F2009L04155. This legislation was enacted to address the practical challenges faced by operators of aircraft when conducting temporary modifications or repairs for ferry flights and overweight operations, where strict compliance with all applicable design requirements is often not feasible. Authorised persons, on behalf of the Civil Aviation Safety Authority (CASA), are now empowered to approve designs that do not fully conform to all relevant design standards, provided that the safety of air navigation is not compromised. This exemption is subject to the condition that all hazards and risks must be taken into account before approving such designs. The exemption is also subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This measure was introduced to enhance operational flexibility while maintaining the highest safety standards.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the exemption issued under section 98 of the Civil Aviation Act 1988, allows the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons involved in the operation of the aircraft, from certain regulatory requirements under specific conditions. This exemption primarily applies to aircraft requiring temporary modifications or repairs for ferry flights and overweight operations, where strict compliance with all design requirements may not be feasible or practical. CASA or an authorised person may approve such modifications or repairs if they are satisfied that the design conforms to relevant standards and that the safety of air navigation is not compromised. The exemption is subject to conditions, including the consideration of all hazards and risks related to the safe operation of the flight, and the imposition of limitations or conditions on the approval. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance by Parliament. It is beneficial to the industry and has been issued by the Director of Aviation Safety on behalf of CASA. The exemption is effective from 1 December 2009 until 30 November 2011.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) include an exemption under subregulation 308(1), which allows the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons associated with their operation, from certain compliance requirements. Specifically, paragraph 35(2)(b) of CAR 1988 mandates that CASA or an authorised person must approve a design if it conforms to relevant design standards. However, this exemption permits an authorised person to approve a design for a one-off ferry flight, even if it does not fully comply with all design standards, provided the safety of air navigation is not compromised. This approval can be given for temporary modifications or repairs that are deemed necessary for ferry flights and overweight operations, which might otherwise be impractical or impossible to fully certify. The obligations imposed by this exemption are primarily on the authorised person who must ensure that any temporary modification or repair approved does not compromise the safety of air navigation. Before granting approval, the authorised person must consider all relevant safety factors, including hazards and risks, associated with the intended flight. The authorised person may impose conditions or limitations on the approval and may require specific actions to be taken to ensure safety. Additionally, the aircraft must only be operated in accordance with the requirements of a special flight permit issued under regulation 21.200 of the Civil Aviation Safety Regulations 1998. Failure to comply with the conditions set forth in this exemption may result in civil or criminal consequences. Although specific penalties are not detailed in the explanatory statement, the authorisation given under this exemption is subject to the broader legislative framework, which includes potential penalties for non-compliance with aviation safety regulations. The exemption is a legislative instrument as defined under the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in Parliament. However, no consultation was undertaken in this instance, but it was considered beneficial to the industry. The exemption is effective from 1 December 2009 until 30 November 2011, as issued by the Director of Aviation Safety on behalf of CASA.