CASA EX110/15 - Exemption - non-compliance with certain Supplemental Inspection Document requirements

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety and efficiency of civil aviation in Australia. These regulations, which are made under the authority of the Civil Aviation Act 1988, provide a comprehensive framework for the regulation of civil aviation activities. One specific exemption under these regulations, detailed in F2015L01029, allows for non-compliance with certain Supplemental Inspection Document (SID) requirements for Cessna single engine aircraft. This exemption was introduced to address a particular issue identified by the Civil Aviation Safety Authority (CASA) concerning the maintenance and certification of these aircraft, aiming to ensure that safety standards are maintained while providing some flexibility to operators. The exemption is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. Although formal consultation was not undertaken, the exemption was issued in response to industry representations and is intended to clarify existing requirements without imposing new obligations.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulatory requirements. Specifically, this legislative instrument provides an exemption for individuals and entities maintaining or certifying maintenance on single engine Cessna aircraft, allowing them to bypass compliance with certain Supplemental Inspection Document requirements, namely Cessna Single Engine Service Bulletin SEB03-1 Elevator Rivet Installation, unless a fault is detected in a fastener in the elevator or the airframe has been modified to alter the loading of the stabilisers. This exemption applies to any person maintaining or certifying maintenance on single engine Cessna aircraft and is intended to clarify rather than impose new obligations. It is applicable on a national scale, consistent with the broad jurisdictional reach of the Civil Aviation Act 1988. However, it is important to note that this exemption does not affect the necessity to comply with Supplemental Inspection Number 55-1 – 01 Horizontal Stabilizer, Elevators and Attachments Inspection. The exemption is also subject to tabling and disallowance in Parliament as it is a legislative instrument. While formal consultation under the Legislative Instruments Act 2003 has not been undertaken, CASA considers this action to be of a minor nature, as it does not introduce new obligations but rather clarifies existing requirements based on industry feedback.

Key Provisions

The key provisions of this legislation pertain to the Civil Aviation Safety Regulations 1998 (CASR 1998), specifically under subregulation 11.160(1) and subregulation 11.160(2). Section 11.160(1) empowers the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions, including the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Orders (CAOs), provided the exemption relates to a matter mentioned in the relevant subsection of the Act. Subregulation 11.160(2) further allows for these exemptions to be granted to an individual or a class of persons, with the class specified by reference to membership of a specified body or other characteristics. This specific exemption applies to persons maintaining Cessna single engine aircraft and those certifying maintenance on these aircraft, exempting them from complying with certain Supplemental Inspection Document (SID) requirements unless specific conditions are met. The obligations imposed by this Act on the parties governed by it are primarily centred around the maintenance and certification of single engine Cessna aircraft. Specifically, the Act requires these parties to adhere to the approved maintenance data for the aircraft but exempts them from the obligation to comply with certain SIDs unless a fault in a fastener in the elevator is detected or the airframe has been modified to change the loading of the stabilisers. Furthermore, the exemption does not affect the requirement to comply with Supplemental Inspection Number 55-1 – 01 Horizontal Stabilizer, Elevators and Attachments Inspection. These obligations are intended to ensure that maintenance is carried out in accordance with the approved maintenance data while providing flexibility in specific circumstances. Failure to comply with the conditions of the exemption may result in civil or criminal consequences, although the specific penalties are not detailed in the Act. Under CASR 1998, CASA can impose conditions on an exemption if necessary for the safety of air navigation. If the exemption is breached, it may lead to enforcement actions by CASA, which could include fines, suspension of certificates, or other regulatory measures. The maximum penalties are not explicitly stated in the text but would be in accordance with the broader regulatory framework governing civil aviation safety. This Act also outlines the process for making and publishing the exemption, including its registration and commencement date. The exemption has been made by a delegate of CASA, relying on the delegation power under subregulation 11.260(1) of CASR 1998. It commences on the day of registration and is set to expire at the end of May 2018. The exemption must be published on the internet, as required by regulation 11.225 of CASR 1998. This ensures transparency and accessibility for all parties subject to the regulations.