Explanatory Statement
Civil Aviation Regulations 1988
Exemption — flight data recording
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft must not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.
Subregulation 5 (1) of CAR 1988 provides that whenever CASA is empowered by CAR 1988 to give directions or approvals, it may do so in Civil Aviation Orders (the CAOs).
Civil Aviation Order 20.18 sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations. Section 6 of CAO 20.18 requires installation of flight data recorders (FDR) on certain types of aircraft.
The Beech 400A is currently operating without a serviceable FDR under the authority of the “Private Air” Beech 400A Minimum Equipment List, the MEL approved for the aircraft.
The FDR was removed for a data dump and parameter check in accordance with the system of maintenance approved for the aircraft.
The FDR was forwarded to Flight Data Systems for the data check, however, the FDR data is unreadable due to the lack of a configuration file for the FDR installation. Attempts to acquire the configuration file from the FDR installer have been unsuccessful and the operator is faced with an FDR MEL expiry on 30 March and the FDR system integrity check unresolved.
The exemption will enable Aeromil Pacific and Flight Data Systems additional time to resolve the FDR issue. CASA does not consider that safety will be compromised if the aircraft operates without the FDR. The equipment is not required as a safety of flight issue but primarily for accident investigations.
Legislative Instruments Act
Under regulation 5A of CAR 1988, if CASA has issued a direction in the form of a CAO and CASA later issues another direction, that in any way affects the operation of the CAO, the later instrument is a disallowable instrument for section 46A of the Acts Interpretation Act 1901.
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA.
The instrument is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is for a particular operator and for a limited period.
The exemption has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988.
The exemption comes into effect on the day after it is registered and stops having effect at the end of 30 April 2007.
[Instrument number CASA EX13/07]