CASA EX13/07 - Exemption - flight data recording

Overview

The Civil Aviation Regulations 1988 were enacted to regulate the aviation industry in Australia, ensuring the safety and efficiency of civil aviation operations. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, while subregulation 207(2) of the Civil Aviation Regulations 1988 mandates that Australian aircraft must be equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA). This regulatory framework aims to maintain the highest safety standards in Australian civil aviation. The Civil Aviation Order 20.18 specifically outlines the instruments and equipment required for certain types of aircraft, including the installation of flight data recorders (FDR) on certain aircraft. This regulatory context was crucial in addressing the specific issue faced by Aeromil Pacific with their Beech 400A aircraft, which was operating without a serviceable FDR due to unresolved technical issues. CASA issued an exemption allowing the aircraft to operate without the FDR for a limited period, recognising that the safety of flight was not compromised by this temporary measure, primarily intended for accident investigations.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) establish the minimum standards for the safe operation of aircraft in Australia. This legislation applies to all Australian aircraft operators, mandating that aircraft must be equipped with approved instruments and equipment, including emergency equipment, for different classes of operations. The Civil Aviation Safety Authority (CASA), acting under the authority granted by the Civil Aviation Act 1988, issues directions and approvals in Civil Aviation Orders (CAOs) to further regulate these requirements. For instance, Civil Aviation Order 20.18 specifies the instruments and equipment, such as flight data recorders (FDR), required for certain types of aircraft. However, under certain circumstances, CASA can grant exemptions from these requirements. In this specific case, the exemption pertains to a Beech 400A aircraft operated by Aeromil Pacific, allowing it to operate without a serviceable FDR due to unresolved technical issues with the FDR system. CASA considers that the exemption does not compromise flight safety, as the FDR is primarily for accident investigations rather than flight safety. The exemption is limited to a specific operator and a defined period, underscoring its targeted application. It is also subject to disallowance by Parliament under the Legislative Instruments Act 2003. Notably, consultation under the Legislative Instruments Act has not been undertaken in this instance due to the exemption's particular and time-limited nature.

Key Provisions

The key operative sections of the Civil Aviation Regulations 1988, as amended, include sections 98 and 207(2) which require that Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) for certain classes of operations. Under section 5 of the Civil Aviation Regulations 1988, CASA is empowered to issue directions and approvals through Civil Aviation Orders (CAOs). Specifically, CAO 20.18 outlines the required instruments and equipment for aircraft, including the installation of flight data recorders (FDR) on certain types of aircraft. The regulations mandate that aircraft must not be used unless they meet these requirements, unless an exemption is granted by CASA. The obligations imposed by the Civil Aviation Regulations 1988 and the Civil Aviation Orders require aircraft operators to ensure their aircraft are equipped with approved instruments and equipment, including FDRs where mandated. This includes the installation, maintenance, and periodic checks to ensure the functionality and readability of these devices. In cases where an FDR is removed for maintenance or checks, operators must ensure the aircraft is returned to compliance within the stipulated timeframes to avoid safety or regulatory breaches. Under the Legislative Instruments Act 2003, the instrument issued by CASA for this exemption is considered a legislative instrument and is subject to disallowance in the Parliament if it is declared a disallowable instrument under existing legislation. The instrument, CASA EX13/07, is exempt from certain consultation requirements under the Legislative Instruments Act due to its specific and limited application. The exemption allows Aeromil Pacific and Flight Data Systems additional time to resolve the FDR issue, provided that CASA does not consider safety to be compromised. The exemption is effective from the day after registration and ceases on 30 April 2007. Failure to comply with the requirements set out in the Civil Aviation Regulations 1988 and Civil Aviation Orders can lead to civil or criminal penalties. While the specific penalties are not detailed in the provided text, non-compliance generally results in fines or other enforcement actions by CASA. The maximum penalties for breaches of civil aviation regulations can vary, but they are typically substantial, reflecting the importance of safety in aviation operations.