Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — display of markings and carriage of identification plates
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Regulation 45.045 of the Civil Aviation Safety Regulations 1998 (CASR 1998) sets out the required number and location of sets of markings. Paragraph 45.045 (1) (a) provides that on a fixed-wing aircraft, 1 set of the markings may be either on the under surface of the port wing or across the under surface of both wings, in each case as set out in subregulation 45.045 (2).
Regulation 45.065 of CASR 1998 sets out the minimum height of the characters in a set of aircraft markings. Markings comprise the nationality and registration marks of an aircraft. In accordance with subparagraph 45.065 (3) (b) (ii) and item 1 of paragraph 45.065 (3) (c), the minimum height that would be applicable to the markings on the side of a fixed-wing aircraft and rotorcraft is 300 millimetres.
Regulation 45.145 of CASR 1998 provides that a person may only operate an Australian aircraft if an aircraft identification plate is attached to the aircraft.
Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Background
Part 45 of CASR 1998, which deals with the display of nationality and registration marks and aircraft registration identification plates, commenced on 1 October 2000. A number of changes and requirements were restrictive and industry participants found it difficult to ensure compliance. The key difficulties related to the minimum height of lateral markings increasing from 150 millimetres to 300 millimetres, the variations in marking requirements depending on an aircraft’s certification category, and technical limitations applying to the surfaces of composite materials used in some newer aircraft.
To address these issues, CASA issued an exemption on 27 January 2010 to provide some relief (CASA EX10/10 refers). CASA EX04/12 renewed the exemption on 1 February 2012 and will expire at the end of January 2015.
Marking requirements for aircraft are based on standards set by the International Civil Aviation Organization (ICAO) and are used for visual identification purposes. However, the exemption will not affect Australia’s compliance with ICAO Annex 7 – Aircraft Nationality & Registration Marks, since the exemption is limited to aircraft operating within Australian territory and does not apply to any Australian aircraft engaged in international air navigation.
CASA is nearing completion of a project to amend Part 45 of CASR 1998 to deal with the issues dealt with by the exemption. The Civil Aviation Legislation Amendment (Part 45) Regulation 2015 is expected to be made in July 2015.
Instrument
CASA EX16/15 is a renewal of the exemption in the same terms, with the new expiry date being the earlier of, the end of December 2015 or the date of commencement of the Civil Aviation Legislation Amendment (Part 45) Regulation 2015.
CASA EX16/15 exempts Australian fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5 700 kilograms operating in Australian territory from minimum character height requirements, carriage of an aircraft identification plate, and display of sets of markings on the aircraft. The exemptions are subject to conditions that require carriage of a manufacturer’s data plate and that character height must be a minimum of 150 millimetres. The exemption from displaying sets of markings on the aircraft only extends to the display of markings on the under surface of the port wing or across the under surface of both wings.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or the 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 exemption applies generally to all fixed-wing aircraft and rotorcraft.
The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).
Consultation
CASA’s policy on exempting certain aircraft from Part 45 requirements has not changed since initial industry consultations in 2010. The instrument is a renewal of an exemption that has continued since January 2010. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
Making and commencement
The exemption has been made by a delegate of CASA, relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The exemption commences on 1 February 2015 and expires at the end of December 2015 or the date of commencement of the Civil Aviation Legislation Amendment (Part 45) Regulation 2015, whichever is earlier.
[Instrument number CASA EX16/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — display of markings and carriage of identification plates
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This legislative instrument exempts Australian fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5 700 kilograms operating within Australian territory from various marking and identification plate requirements.
The exemption is subject to conditions that CASA considers necessary in the interests of aviation safety.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority