CASA EX127/16 - Exemption — carriage of Mode S transponder equipment (Rawlings)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L01295 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — carriage of Mode S transponder equipment (Rawlings)

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the safety of air navigation.

 

Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that a person must not use an Australian aircraft in a class of operation if it is not fitted with such instruments, or is not fitted with or carrying such equipment, as CASA has approved and directed. Under subregulation 5 (1A) of CAR 1988, where CASA may issue directions under CAR 1988, it may do so in the form of a Civil Aviation Order (CAO).

 

CAO 20.18 sets out directions issued by CASA under regulation 207 in relation to the instruments and equipment to be carried on board aircraft. Paragraph 9E.2 of CAO 20.18 applies to an aircraft that is first registered, or is modified by having its transponder installation replaced, on or after 6 February 2014. When such aircraft are operated in Class A, B, C or E airspace, or above 10 000 feet in Class G airspace, they must carry a serviceable Mode S transponder that meets specified standards.

 

Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of a CAO in relation to matters affecting the safe navigation and operation of aircraft.

 

Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.

 

Instrument

The instrument exempts persons using the specified aircraft operated by Graham Clive Rawlings (the operator) from compliance with paragraph 9E.2 of CAO 20.18. The aircraft was under construction for several years. The Mode A/C transponder for the aircraft was purchased before the requirement for a Mode S transponder was announced. However, the aircraft was registered after the requirement for a Mode S transponder started to apply.

 

The exemption does not affect the requirement in paragraph 9E.4 of CAO 20.18 that aircraft operating at Brisbane, Sydney, Melbourne or Perth aerodromes must carry an ADS-B capable Mode S transponder.

 

CASA considers that granting the exemption to the operator, having regard to how the aircraft will be used, does not give rise to any significant adverse safety impact.

 

The exemption is repealed when the aircraft is modified by having its transponder installation replaced, or, if it is not so modified by the end of 31 July 2019, the instrument is repealed at that time. Accordingly, for continued operation of the aircraft in Class A, B, C or E airspace, or above 10 000 feet in Class G airspace, after the transponder installation is replaced, the replacement will need to be a Mode S transponder that complies with paragraph 9E.2 of CAO 20.18.

 

Legislation Act 2003 (the LA)

Under section 57A of the LA, an instrument is a legislative instrument for section 8 of the LA if it is declared to be a disallowable instrument under legislation in force before 1 January 2005. Under regulation 5A of CAR 1988 (which was in force before 1 January 2005), if CASA has issued a CAO that is not an airworthiness directive, and CASA later issues an exemption that affects the operation of the CAO, the exemption is declared to be a disallowable instrument.

 

The exemption in this instrument affects the operation of paragraph 9E.2 of CAO 20.18. The instrument is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

The operator applied for the exemption. In addition, CASA has consulted with Airservices Australia, which is responsible for air traffic control in relation to the aircraft. In these circumstances, it is CASA’s view that no further consultation under section 17 of the LA is necessary or appropriate.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day of registration. It is repealed at the end of 31 July 2019 or when the aircraft is modified by having its transponder installation replaced before that date.

[Instrument number CASA EX127/16]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — carriage of Mode S transponder equipment (Rawlings)

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument exempts a person using a specified aircraft operated by Graham Clive Rawlings (the operator) from compliance with paragraph 9E.2 of Civil Aviation Order 20.18 (CAO 20.18), which requires certain aircraft to carry a Mode S transponder when operating in specified airspace.

 

The instrument provides an exemption until the end of 31 July 2019, or until the aircraft is modified by having its transponder installation replaced.

 

The exemption does not affect the requirement in paragraph 9E.4 of CAO 20.18 that aircraft operating at Brisbane, Sydney, Melbourne or Perth aerodromes must carry an ADS-B capable Mode S transponder.

 

Having regard to how the aircraft will be used, CASA considers that granting the exemption to the operator does not give rise to any significant adverse safety impact.

 

The purpose of the instrument is to allow the operator to operate the aircraft in the specified airspace without meeting the requirement to carry a Mode S transponder, until its transponder is replaced.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide for the safety of air navigation and to regulate the operation of aircraft in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue directions and exemptions to ensure the safe operation of aircraft. Section 11.160 of the CASR 1998 allows CASA to grant exemptions from certain provisions of Civil Aviation Orders (CAOs) under specific circumstances that do not significantly impact aviation safety. The problem or gap that this legislation addresses is the need for flexibility in enforcing certain safety regulations to accommodate unique operational scenarios, such as when an aircraft is under construction and registered after a new safety requirement has been introduced. This specific exemption, documented as F2016L01295, was introduced to allow Graham Clive Rawlings to operate his aircraft without a Mode S transponder until either the aircraft's transponder installation is replaced or until the end of 31 July 2019, whichever comes first. The exemption was enacted by a delegate of CASA under the authority delegated by the Governor-General under section 98 of the Civil Aviation Act 1988. The policy objective is to maintain aviation safety while providing a temporary solution for the specified aircraft.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, provide the legislative framework for the exemption instrument concerning the carriage of Mode S transponder equipment for a specified aircraft operated by Graham Clive Rawlings. This exemption applies to the specified aircraft, which was under construction and registered after the requirement for a Mode S transponder became applicable. The exemption allows the aircraft to be operated in certain airspace without carrying a Mode S transponder, provided the exemption is in place. The exemption does not affect the requirement for an ADS-B capable Mode S transponder when operating at Brisbane, Sydney, Melbourne or Perth aerodromes. The exemption is applicable until the end of 31 July 2019 or until the aircraft's transponder installation is replaced, whichever occurs first. The instrument is a legislative instrument, subject to tabling and disallowance in Parliament, and does not engage any of the applicable rights or freedoms, thereby being compatible with human rights.

Key Provisions

The key operative sections of this legislation concern the exemption granted by the Civil Aviation Safety Authority (CASA) to Graham Clive Rawlings, an aircraft operator, from a requirement to carry a Mode S transponder on his aircraft (paragraphs 1–5). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, which is implemented through subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988) and paragraph 9E.2 of Civil Aviation Order (CAO) 20.18. However, under subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA can grant an exemption from a provision of a CAO in relation to matters affecting the safe navigation and operation of aircraft. This exemption is detailed in the instrument, which specifically exempts Rawlings’ aircraft from the requirement to carry a Mode S transponder until the end of 31 July 2019 or until the aircraft is modified by having its transponder installation replaced. The obligations imposed by the Act on the parties involved are primarily related to the safe operation of aircraft and the compliance with CASA’s directives (paragraphs 1–6). CASA, as the regulatory authority, must ensure that all aircraft operating within Australian airspace meet specified safety standards, which includes the carriage of a Mode S transponder in certain airspaces as outlined in CAO 20.18. Rawlings, as the operator, must ensure that his aircraft complies with all applicable regulations unless granted an exemption. The exemption itself imposes an obligation on Rawlings to either replace the transponder by the specified date or face the cessation of the exemption and thus the need to comply with the transponder requirement. There are potential consequences for breach of the regulations or non-compliance with the exemption terms (paragraphs 7–9). While the specific penalties for breach are not detailed in the provided text, general provisions in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 suggest that failure to comply with CASA’s directions or regulations can result in enforcement actions, including fines and other penalties. The maximum penalties for such breaches can vary but are typically significant, reflecting the importance of adhering to aviation safety standards. The instrument also notes that it is a legislative instrument subject to tabling and disallowance in Parliament, adding a layer of accountability and oversight to the exemption process. In summary, the legislation provides a temporary exemption for a specific aircraft operator from carrying a Mode S transponder, contingent upon certain conditions being met. It underscores the regulatory framework governing aircraft operations and the importance of adhering to safety standards. The exemption is carefully monitored, with clear consequences for non-compliance, ensuring that safety remains the paramount concern in aviation operations.

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Civil Aviation Law
Instrument
Regulation
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Definitions & Interpretation
Exemptions & Exclusions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.