Explanatory Statement
Civil Aviation Regulations 1988
Exemption under regulation 308 of CAR 1988 — carriage of cockpit voice recorders and flight data recorders
Section 98 of the Civil Aviation Act 1988 (the Act) 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 instruments and is fitted with or carries such equipment as the Civil Aviation Safety Authority (CASA) approves or directs.
Civil Aviation Order 20.18 (CAO 20.18) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations.
Paragraph 6.1 of CAO 20.18 provides that certain aircraft referred to in the paragraph must not be flown unless equipped with an approved flight data recorder system and approved cockpit voice recorder system. Paragraph 6.2 of CAO 20.18 requires these systems to meet standards specified in Civil Aviation Orders 103.19 and 103.20 and makes the approval subject to a condition relating to replay (subparagraph 6.2 (b)).
These requirements are now considered too restrictive. The standards set out in the Civil Aviation Orders, which date from the 1960s, have been superseded by new standards issued in the U.S.A and Europe; also approval by CASA of the individual instruments in accordance with subparagraph 6.2 (b) is no longer required.
The exemption, therefore, exempts the specified aircraft from compliance with paragraphs 6.1 and 6.2, if they meet standards at least equivalent to those requirements mentioned in paragraph 6.2, that:
(a) have been determined by the type certificating authority for the aircraft; or
(b) are acceptable to CASA.
Legislative Instruments Act
CAR 308 (4) provides that an exemption is a disallowable instrument. Under the Legislative Instruments Act (LIA 2003), an instrument is a legislative instrument for section 5 of the LIA 2003 if it is declared a disallowable instrument under legislation in force before the commencement of the LIA 2003.
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 of a minor or machinery nature.
The exemption has been made by the Acting Deputy Chief Executive Officer, Operations, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
The exemption comes into effect on the day after it is registered and stops having effect at the end of April 2010.
[Instrument number CASA EX16/07]