CASA EX109/10 - Exemption - from compliance with subregulation 262AN(3) of the Civil Aviation Regulations 1988

Overview

The Civil Aviation Regulations 1988 Exemption from compliance with subregulation 262AN(3) of the Civil Aviation Regulations 1988 (CAR 1988) was enacted to address a specific operational need of an operator who owns and operates several historic or ex-military aircraft. These aircraft, which hold special certificates of airworthiness in the limited category, require exemption from certain regulatory requirements to facilitate their exhibition flights while ensuring safety standards are maintained. Authorised by section 98 of the Civil Aviation Act 1988, the exemption is issued under the powers of the Civil Aviation Safety Authority (CASA) and is subject to the conditions outlined in the exemption instrument to ensure continued adherence to safety standards. The exemption, which is a disallowable instrument under the Acts Interpretation Act 1901, allows the specified aircraft to operate without complying with a manual issued by an approved organisation, the Australian Warbirds Association Ltd. This exemption is tailored to the unique circumstances of the operator and is effective from the day after registration until the end of April 2011.

Scope and Application

The Civil Aviation Regulations 1988 Exemption, specified under F2010L03431, pertains to a particular aircraft operator who owns and operates historic or ex-military aircraft with special certificates of airworthiness. This exemption allows the operator to deviate from compliance with subregulation 262AN(3) of the Civil Aviation Regulations 1988, which mandates adherence to a manual issued by an approved organisation, in this case, the Australian Warbirds Association Ltd. The exemption applies specifically to the named operator and their aircraft, which are intended for exhibition flights only and must not carry passengers, as stipulated in the conditions outlined in Schedule 1. This exemption is made under section 98 of the Civil Aviation Act 1988 and is subject to the conditions specified to ensure safety, as required by subregulation 308(3) of the Civil Aviation Regulations 1988. Additionally, the exemption is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is governed by the Legislative Instruments Act 2003. The exemption takes effect from the day after it is registered and remains in force until the end of April 2011.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under section 308(1) allow the Civil Aviation Safety Authority (CASA) to exempt a specific aircraft, type, or category of aircraft from compliance with certain regulations. This exemption is particularly relevant for an operator who owns and operates historic or ex-military aircraft that possess special certificates of airworthiness in the limited category, as per subregulation 21.189(1) of the Civil Aviation Safety Regulations 1998. In this case, the operator seeks exemption from subregulation 262AN(3) of CAR 1988, which would require them to adhere to a manual issued by an approved organisation, in this instance, the Australian Warbirds Association Ltd (AWAL). The exemption allows the operator to conduct exhibition flights with their aircraft without complying with the AWAL manual, provided they adhere to specific conditions outlined in Schedule 1 of the exemption instrument. The obligations imposed by the exemption include the condition that the aircraft may only be used for exhibition flights and must not carry passengers, among other specified conditions. The exemption is subject to the overarching requirement that the aircraft must comply with any conditions CASA deems necessary for safety. Furthermore, the exemption is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, meaning it is subject to tabling and disallowance in Parliament as per sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Despite the exemption, the operator must still ensure that the aircraft's operations meet all other relevant safety standards and regulations. Failure to comply with the conditions set out in the exemption could lead to serious consequences. Under the Civil Aviation Act 1988, any breach of the terms of the exemption could result in penalties or enforcement actions by CASA. Although the specific penalties are not detailed in the provided text, generally, non-compliance with civil aviation regulations can lead to fines, suspension or revocation of the aircraft's airworthiness certificate, and potential legal action. Additionally, the disallowance process in Parliament serves as a check on the authority of CASA, allowing for legislative oversight of such exemptions. This ensures that any potential risks to public safety are mitigated through appropriate regulatory frameworks.