Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Class A aircraft used in private operations
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Regulation 42ZV of the Civil Aviation Regulations 1988 (CAR 1988) provides that the operator of a class A aircraft must appoint a person to be the maintenance controller of the aircraft. Regulation 42ZY of CAR 1988 provides that the operator of a class A aircraft must have a maintenance control manual. These 2 provisions were included in the Regulations to apply, principally, to operators engaged in commercial operations. It is considered that the 2 provisions are inappropriate in the case of class A aircraft engaged in private operations.
CASA has decided, therefore, to exempt operators of class A aircraft engaged in private operations from these requirements. The exemption has the effect of harmonising the Australian requirements with those applicable in the USA. CASA considers that granting the exemption does not have any adverse effect on aviation safety.
CASA has previously granted a similar exemption (CASA EX53/10) which expired at the end of 30 June 2012. This instrument is the same as CASA EX53/10, except that clause 2 of Schedule 1 has been amended so that it is now a condition of the exemption that the aircraft’s system of maintenance specifies the name of the individual who is responsible for various essential maintenance control functions. In the absence of this exemption, that information would be set out in the maintenance control manual for the aircraft, as required by paragraphs 42ZY (1) (c) and (d) and Schedule 9 of CAR 1988.
Legislative Instruments Act
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that CASA may exempt a person, or class of persons, from compliance with a provision of the regulations, including a provision of CAR 1988. Subregulation 11.170 (3) provides that CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. Regulation 11.205 provides that CASA may impose on an exemption any condition necessary in the interests of safety and set out that condition in an instrument of exemption.
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of persons and aircraft and so is legislative. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument replaces a previous instrument which has expired. The exemption is beneficial to industry.
Compatibility with human rights and freedoms
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Making and commencement
The instrument has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day after registration. It stops having effect at the end of July 2015.
[Instrument number CASA EX130/12]
Overview
The Civil Aviation Safety Regulations 1998 were amended by the instrument F2012L01672 to introduce an exemption for operators of Class A aircraft engaged in private operations. This exemption was enacted to address the perceived inappropriateness of certain regulations, specifically those requiring the appointment of a maintenance controller and the maintenance control manual, for private operations, aligning Australian regulations with those in the United States. The instrument was developed under the authority granted by Section 98 of the Civil Aviation Act 1988, empowering the Governor-General to create regulations. The Civil Aviation Safety Authority (CASA) determined that the exemption would not adversely affect aviation safety while providing a benefit to the industry. The instrument, which is subject to tabling and disallowance under the Legislative Instruments Act 2003, was not subject to consultation as it replaced an expired exemption. It is compatible with human rights and commenced on the day after registration, expiring at the end of July 2015.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, apply to the regulation of civil aviation safety in Australia. Specifically, Regulation 42ZV and Regulation 42ZY of the Civil Aviation Regulations 1998 require operators of class A aircraft to appoint a maintenance controller and maintain a maintenance control manual, respectively. However, the Civil Aviation Safety Authority (CASA) has determined these requirements to be inappropriate for class A aircraft used in private operations. Therefore, CASA has granted an exemption under the Act, exempting operators of class A aircraft engaged in private operations from these regulatory requirements. This exemption aligns Australian regulations with those in the United States and does not compromise aviation safety, as determined by CASA. The exemption is applicable to the specific class of aircraft and operators involved in private operations, and it is subject to conditions that ensure the maintenance system of the aircraft clearly specifies the individual responsible for essential maintenance control functions. This legislative instrument, which is a continuation of a previous exemption that expired, is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. It is effective from the day after registration and will cease to have effect at the end of July 2015.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended to exempt operators of class A aircraft used in private operations from certain maintenance requirements. Specifically, Regulation 42ZV, which mandates the appointment of a maintenance controller, and Regulation 42ZY, which requires a maintenance control manual, will not apply to these operators. This exemption aligns Australian regulations with those in the USA and is deemed by CASA to pose no risk to aviation safety (CASA EX130/12). However, the exemption includes a condition that the aircraft's maintenance system must specify the individual responsible for essential maintenance control functions (Schedule 1, clause 2).
Operators of class A aircraft engaged in private operations are relieved from the obligations of appointing a maintenance controller and maintaining a formal control manual. However, they must ensure that their maintenance system identifies the person responsible for key maintenance duties. This requirement ensures that there is still accountability and oversight in maintenance practices, albeit in a less formalised manner than would be required under the general regulations. CASA has determined that these changes are sufficient to maintain safety without the burden of formal procedures typically associated with commercial operations.
Failure to comply with the conditions of the exemption could lead to enforcement actions by CASA. While the specific penalties are not detailed in the explanatory statement, non-compliance with aviation safety regulations generally could result in civil penalties under section 98 of the Civil Aviation Act 1988 (the Act) or criminal charges if safety is seriously endangered. The maximum penalties for contravening aviation safety regulations can include substantial fines and, in severe cases, imprisonment.
This legislative instrument has been crafted under the authority granted by section 98 of the Act and is subject to the Legislative Instruments Act 2003 (LIA). As a legislative instrument, it must be tabled and is subject to potential disallowance by Parliament. However, the instrument does not require consultation under section 17 of the LIA, as it simply replaces an expired exemption and is considered beneficial to the industry. Furthermore, the instrument does not engage with any human rights or freedoms, ensuring its compatibility with human rights standards.