Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA EX167/18 — Recording of Time-in-service (Class A Aircraft) Exemption 2018
Purpose
The purpose of this instrument is to exempt each owner, operator and pilot in command of a class A aircraft from the requirement in subregulation 43B (1) of the Civil Aviation Regulations 1988 (CAR) to record total time-in-service of the class A aircraft after each completed day of flying operations. The Civil Aviation Safety Authority (CASA) considers that these requirements are not necessary or appropriate for class A aircraft, the continuing airworthiness requirements for which are managed through the aircraft maintenance control manual.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Safety Regulations 1998 (CASR) and CAR.
Under subregulation 43B (1) of CAR, it is an offence if, on completion of a day’s flying operations, the owner, operator or pilot in command of the aircraft fails to record on the maintenance release the total time‑in‑service of the aircraft on that day.
Regulation 42ZY of CAR makes provision for the preparation of, and compliance with, a maintenance control manual for class A aircraft. Class A aircraft is defined in regulation 2 of CAR as Australian aircraft certificated in the transport category or used under an Air Operator’s Certificate that authorises regular public transport operations.
Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160 (1) of CASR provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations.
Under subregulation 11.160 (2) of CASR, an exemption may be granted to a person or a class of persons.
Under subregulation 11.175 (4) of CASR, in deciding whether to reissue an exemption on an application by a person, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA takes the same consideration into account when renewing an exemption on its own initiative.
Under subregulation 11.205 (1) of CASR, CASA may impose conditions on an exemption in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition.
Under regulation 11.225 of CASR, an exemption must be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.
Background
Operators of class A aircraft are required to have an approved system of maintenance and a maintenance control manual to ensure the management of the continuing airworthiness of the aircraft. In larger operators, maintenance is often managed through computerised systems. In many cases, these systems and manuals do not require the recording of the time-in-service of an aircraft on the maintenance release document for the aircraft.
Regulation 43B of CAR is incompatible with the arrangements used for maintenance of most class A aircraft to the extent that the regulation requires the recording of the time-in-service of aircraft on the maintenance release.
Further, in the context of the arrangements for managing the continuing airworthiness of class A aircraft, CASA does not consider there to be any safety imperative to requiring the time-in-service of a class A aircraft to be recorded on the maintenance release.
Instrument
Section 4 of the instrument exempts the owner, operator and pilot in command of a class A aircraft from the specific time-in-service recording requirements of subregulation 43B (1) of CAR.
Subsection 5 (1) of the instrument imposes a condition on the exemption that requires the operator of the aircraft to include, in its maintenance control manual, procedures relating to the recording of the time-in-service of a class A aircraft. The procedures must be sufficient to ensure that the continuing airworthiness requirements of the aircraft are met, and the time-in-service information is kept up to date.
Subsection 5 (2) of the instrument imposes a condition on the exemption that requires the operator of the aircraft to ensure that, at the completion of flying operations on each day that the aircraft is flown, time‑in‑service information for the aircraft is recorded in accordance with the procedures required under subsection (1).
CASA considers that the exemption will preserve a level of safety that is at least acceptable, for the purposes of regulation 11.175 of CASR.
Legislation Act 2003 (the LA)
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 exemption applies to a class of persons, in respect of a class of aircraft. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
Consultation under section 17 of the LA has not been undertaken in this case. The instrument reissues previous instruments on this subject, most recently CASA EX90/15. Previous instruments have been widely accepted by owners, operators and pilots in command of class A aircraft and have not been the subject of adverse feedback. The original instrument of this kind was requested by industry, and the instrument remains beneficial to industry by providing more flexibility to record time‑in‑service for class A aircraft other than on the maintenance release as required under subregulation 43B (1) of CAR.
CASA is progressing amendments to the maintenance regulations that are intended to render the exemption unnecessary, subject to other legislative priorities.
In these circumstances CASA is satisfied that no consultation is appropriate or necessary for this instrument for section 17 of the LA.
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
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 instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR.
The exemption commences on the day after it is registered and is repealed at the end of 30 November 2021.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX167/18 — Recording of Time-in-service (Class A Aircraft) Exemption 2018
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
The purpose of this instrument is to exempt each owner, operator and pilot in command of a class A aircraft from the requirement in subregulation 43B (1) of the Civil Aviation Regulations 1988 to record total time-in-service of the class A aircraft after each completed day of flying operations. The Civil Aviation Safety Authority (CASA) considers that these requirements are not necessary or appropriate for class A aircraft, the continuing airworthiness requirements for which are managed through the aircraft maintenance control manual.
The instrument is subject to conditions that CASA has imposed in the interests of aviation safety. The conditions ensure that appropriate procedures for the recording of the time-in-service of class A aircraft are included in the maintenance control manual, which manual is required to be prepared for such aircraft.
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