CASA EX118/14 - Exemption — flight data recording

Overview

The Civil Aviation Safety Regulations 1998, enacted by the Governor-General under the authority of Section 98 of the Civil Aviation Act 1988, provide the regulatory framework for ensuring the safety of civil aviation in Australia. One particular issue addressed by these regulations is the installation of flight data recorders (FDRs) on certain aircraft. The Civil Aviation Orders (CAOs) further specify the requirements, with CAO 20.18 mandating FDRs for aircraft with a maximum take-off weight (MTOW) over 5,700 kg. However, an exemption under subregulation 11.160 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to grant exemptions to specific aircraft, such as the Cessna model 525B, which was type certificated by the Federal Aviation Administration (FAA) without an FDR. This exemption permits Australian registered Cessna 525B aircraft to operate without an FDR for private operations, pending further review of FDR requirements by CASA. The exemption was introduced to address the issue of retrofitting an FDR to the Cessna model 525B, given that it was certified by the FAA without such a requirement and that its MTOW is marginally above the 5,700 kg threshold. The exemption allows for safe operation of the aircraft in Australia while CASA reviews the necessity of FDRs in certain aircraft types. This measure ensures compliance with Australian safety standards without imposing undue burdens on aircraft operators, pending the outcome of CASA's review.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, provide a regulatory framework for ensuring the safety of civil aviation in Australia. Specifically, subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to grant an exemption from certain regulatory requirements, including those outlined in the Civil Aviation Regulations 1988, provided that such exemption aligns with maintaining an acceptable level of safety. This legislative instrument pertains to aircraft with a maximum take-off weight exceeding 5,700 kg, where flight data recorders (FDRs) are typically required. However, for the Cessna aircraft model 525B, which has been type certificated by the Federal Aviation Administration (FAA) without an FDR, CASA has issued an exemption allowing it to operate without an FDR for private operations in Australia. This exemption is granted on the premise that the aircraft design incorporates adequate and contemporary safety features, and that the Australian FDR requirements do not significantly enhance safety over FAA standards. The exemption is subject to conditions imposed by CASA to ensure continued safety, and it expires at the end of September 2017. CASA has the authority to renew or modify this exemption as necessary, ensuring that it remains aligned with safety standards and international regulatory practices.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework for ensuring that Australian aircraft meet certain safety standards before they can be operated. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, and subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988) mandates that Australian aircraft must be fitted with approved instruments and equipment, including emergency equipment, before they can be used in any class of operations. Furthermore, subregulation 5(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue directions or approvals through Civil Aviation Orders (CAOs). Civil Aviation Order 20.18 (CAO 20.18) specifically requires the installation of flight data recorders (FDRs) on certain aircraft with a maximum take-off weight (MTOW) over 5,700 kg. However, subregulation 11.160(1) of CASR 1998 allows CASA to grant exemptions from these regulations under certain circumstances. Entities and individuals governed by the Act must ensure that their aircraft comply with the stipulated safety standards unless an exemption has been granted. This includes ensuring that the aircraft is fitted with the necessary instruments and equipment as required by CAO 20.18, unless an exemption applies. CASA has the authority to grant exemptions under subregulation 11.160(2) of CASR 1998, which can be specific to a person or a class of persons, based on certain criteria such as membership in a specified body or other characteristics. In this case, the exemption pertains to the Cessna aircraft model 525B, which was type certificated by the Federal Aviation Administration (FAA) of the USA without an FDR, as the FAA regulations do not require it for that particular aircraft. Failure to comply with the conditions of an exemption, if one is granted, can result in serious consequences. Under subregulation 11.205(1) of CASR 1998, CASA may impose conditions on an exemption if necessary for the safety of air navigation, and failure to comply with these conditions is an offence under regulation 11.210. Additionally, an exemption ceases after the specified period, or after three years if no specific date is mentioned, as per subregulation 11.230(1). The legislative framework also includes provisions for disallowance and tabling of the exemption in Parliament under the Legislative Instruments Act 2003 (LIA). Specifically, under subparagraph 6(d)(i) of the LIA, if CASA issues an exemption that affects the operation of a CAO, it is a disallowable instrument and must be tabled and may be subject to disallowance under sections 38 and 42 of the LIA. In summary, the exemption for the Cessna aircraft model 525B to operate without an FDR allows for continued private operations of this aircraft in Australia, pending CASA’s review of FDR requirements in CAO 20.18. The exemption is granted on the basis of the FAA’s type certification and the relatively minor differences in safety standards between the US and Australia. The exemption also includes conditions to ensure the safety of air navigation, and any failure to comply with these conditions can result in civil or criminal penalties. The exemption is subject to disallowance and tabling in Parliament, ensuring that it remains within the legislative framework and adheres to safety standards.