CASA EX115/11 – Exemption – flight data recording

Overview

The Civil Aviation Safety Regulations 1998 were enacted to address the need for stringent safety standards in the operation of aircraft within Australia. This legislation empowers the Civil Aviation Safety Authority (CASA) to ensure that aircraft meet specific safety requirements, including the installation of flight data recorders (FDRs) on certain aircraft. The objective of this regulatory framework is to preserve an acceptable level of safety in air navigation. However, a notable gap emerged concerning the Cessna aircraft model 525B, which was type certificated by the Federal Aviation Administration (FAA) without an FDR due to differing regulatory standards. Consequently, CASA issued an exemption under subregulation 11.160(1) of the CASR 1998, allowing the Cessna 525B to be operated without an FDR for private operations in Australia, pending further review and potential regulatory changes. The exemption was designed to balance safety considerations with the practicalities of operating a new aircraft design, while ensuring compliance with legislative requirements under the Civil Aviation Regulations 1988 and the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory requirements, as long as doing so does not compromise an acceptable level of safety. The exemption in question pertains to the flight data recording (FDR) requirements for the Cessna aircraft model 525B, which, under Australian regulations, would necessitate the installation of an FDR despite not being required by the Federal Aviation Administration (FAA) of the United States. This exemption allows the specified aircraft model to be flown without an FDR for private operations in Australia, given its maximum take-off weight slightly exceeds the 5,700 kg threshold stipulated in the Civil Aviation Orders (CAO). The exemption is effective from 1 October 2011 until the end of 30 September 2014, and it adheres to the legislative requirement that such exemptions be subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The decision to issue this exemption was made by the Director of Aviation Safety, on behalf of CASA, in accordance with the Civil Aviation Act 1988.

Key Provisions

The key sections of the exemption, as outlined in the explanatory statement, include subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), which allows the Civil Aviation Safety Authority (CASA) to grant an exemption from compliance with a provision of the Civil Aviation Regulations 1988 (CAR 1988). This exemption is specifically for the Cessna aircraft model 525B, which does not require a flight data recorder (FDR) under United States Federal Aviation Administration (FAA) regulations. The exemption permits the aircraft to be flown for private operations without the installation of an FDR. Additionally, subregulation 11.205(1) of CASR 1998 allows CASA to impose conditions on an exemption if necessary for the safety of air navigation. The exemption imposes several obligations on the parties involved. Firstly, CASA must ensure that the exemption does not compromise safety by setting conditions that must be met. Any failure to comply with these conditions is an offence under regulation 11.210. Furthermore, the exemption will cease after three years, as stipulated under subregulation 11.230(1) of CASR 1998. CASA must also consider the implications of the exemption on the Civil Aviation Orders (CAOs) and ensure that the exemption does not conflict with the CAOs. If it does, the exemption becomes a disallowable instrument under the Legislative Instruments Act 2003 (LIA) and must be tabled and potentially disallowed by Parliament. In terms of offences and penalties, failure to comply with the conditions of the exemption is an offence under regulation 11.210 of CASR 1998. The maximum penalties for such an offence are not specified in the explanatory statement, but generally, civil or criminal penalties could apply depending on the severity of the breach. Additionally, if CASA issues an exemption that affects the operation of a CAO, it becomes a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. This process ensures that any significant changes to aviation safety regulations are properly scrutinised by the legislative body. Lastly, the explanatory statement notes that consultation under section 17 of the LIA was not undertaken in this case because the exemption is considered minor or of a machinery nature. The exemption also replaces CASA EX80/09, which ceases to have effect at the end of 30 September 2011. The exemption issued by the Director of Aviation Safety on behalf of CASA under subsection 73(2) of the Act, with the instrument number CASA EX115/11, commences on 1 October 2011 and will stop having effect at the end of 30 September 2014. This timeline ensures that the exemption is temporary and subject to review, allowing CASA to assess its impact on aviation safety before deciding on any further action.