CASA EX14/08 - Exemption - maintenance on limited category and experimental aircraft

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety and efficiency of civil aviation in Australia. They provide the framework for regulating aircraft operations, maintenance, and airworthiness. The Civil Aviation (Maintenance on Limited Category and Experimental Aircraft) Exemption 2008 addresses a specific gap in the regulatory framework concerning the maintenance of limited category and experimental aircraft. This exemption, introduced by the Civil Aviation Safety Authority (CASA) under Section 98 of the Civil Aviation Act 1988, alleviates undue burdens on CASA, aircraft operators, and authorised persons involved in the maintenance of these aircraft. The policy objective of this exemption is to ensure continued safe operation of limited category and experimental aircraft while easing regulatory compliance for those involved in their maintenance. The exemption is subject to certain conditions and limitations, ensuring that safety remains paramount.

Scope and Application

The Civil Aviation Regulations 1988, under the authority of Section 98 of the Civil Aviation Act 1988, provide a framework for the safety of air navigation and the regulation of civil aviation activities in Australia. Specifically, Subregulation 308(1) of these regulations empowers the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons associated with the operation of aircraft, from certain compliance requirements of the Civil Aviation Regulations 1988, provided it is in the interests of safety. The exemption in question applies to maintenance activities conducted on limited category and experimental aircraft, thereby relieving certain regulatory burdens on these aircraft. However, the exemption does not extend to maintenance involving aircraft instruments and equipment mandated by the Civil Aviation Regulations 1988 or the Civil Aviation Orders, nor to maintenance specified in Airworthiness Directives or directions issued by CASA, or outlined in the aircraft’s approved maintenance data. Additionally, the exemption is subject to specific conditions, such as notifying CASA or an authorised person of any major design changes and ensuring that any modifications or repairs do not invalidate the aircraft’s certificate of airworthiness or experimental certificate. This exemption, declared as a disallowable instrument under the Legislative Instruments Act 2003, is subject to parliamentary scrutiny and is effective from 29 February 2008 until 28 February 2010.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under section 98 of the Civil Aviation Act 1988 (the Act) allow the Governor-General to make regulations for the Act, primarily in the interests of the safety of air navigation. Subregulation 308(1) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons involved in their operation from compliance with specified provisions of the CAR 1988. This exemption process requires CASA to consider relevant safety considerations before granting an exemption (subregulation 308(2)) and allows for conditions to be attached to the exemption if necessary for safety (subregulation 308(3)). Additionally, the exemption must be made subject to tabling and disallowance in the Parliament as per the Legislative Instruments Act 2003 (LIA), but this consultation was not undertaken as the exemption is a renewal of a previous exemption (subregulation 308(4), LIA sections 6(d)(i), 38 and 42). The Act imposes specific obligations on parties involved in the maintenance of limited category and experimental aircraft. Persons conducting maintenance on these aircraft are exempt from certain regulatory requirements, including those outlined in regulation 42U and paragraphs 42W(2)(b), (4)(a) and (4)(c) of CAR 1988. However, this exemption does not apply to maintenance of aircraft instruments and equipment specifically required by CAR 1988 or the Civil Aviation Orders, maintenance related to a condition of the special certificate of airworthiness or experimental certificate for the aircraft, maintenance specified in an Airworthiness Directive or a direction issued by CASA, or maintenance related to an instruction specified in the aircraft’s approved maintenance data. Furthermore, if a modification or repair represents a major design change, the registered operator must promptly inform CASA or an authorised person (regulation 35, CAR 1988). If the maintenance invalidates the certificate of airworthiness or experimental certificate, the registered operator may only operate the aircraft if a new certificate is obtained. Failure to comply with the conditions of the exemption may lead to various consequences. Firstly, any breach of the conditions could result in CASA taking enforcement action against the registered operator or the person conducting the maintenance. Under the Civil Aviation Act 1988, CASA has the authority to issue infringement notices for minor breaches, which could result in fines. For more serious breaches, CASA can initiate proceedings in the Federal Court of Australia, which may lead to more substantial fines and penalties. Additionally, the exemption itself being a legislative instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, which adds another layer of accountability and oversight.