CASA EX167/18 — Recording of Time-in-service (Class A Aircraft) Exemption 2018

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2018L01792 Not in force Legislative Instrument

Legislation content

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

Overview

The Civil Aviation Safety Regulations 1998 (CASR) Recording of Time-in-service (Class A Aircraft) Exemption 2018 is an instrument introduced to address the incompatibility of the existing time-in-service recording requirements with the maintenance management systems of most class A aircraft, as well as to provide industry with more flexibility in managing the continuing airworthiness of these aircraft. Enacted by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988, the instrument exempts owners, operators, and pilots in command of class A aircraft from the obligation to record total time-in-service on the maintenance release after each completed day of flying operations. The policy objective of the exemption is to preserve an acceptable level of aviation safety, while accommodating the practicalities of modern maintenance systems, which often do not require such records on the maintenance release. The exemption is subject to conditions, including the inclusion of time-in-service recording procedures in the aircraft's maintenance control manual and the recording of time-in-service information in accordance with these procedures.

Scope and Application

The Recording of Time-in-service (Class A Aircraft) Exemption 2018, made under the Civil Aviation Act 1988, exempts owners, operators, and pilots in command of class A aircraft from the requirement to record the total time-in-service of the aircraft after each day of flying operations. This exemption applies to aircraft certificated in the transport category or used under an Air Operator's Certificate that authorises regular public transport operations. The exemption is granted under the authority of the Civil Aviation Safety Regulations 1998 and the Civil Aviation Regulations 1988, specifically targeting subregulation 43B(1) of the latter. While the exemption relieves these individuals and entities from the specific recording requirement, it imposes conditions to ensure that procedures for recording time-in-service are included in the maintenance control manual, and that such information is recorded according to those procedures. This ensures that the continuing airworthiness of class A aircraft is maintained in line with safety standards. The exemption is a legislative instrument subject to tabling and disallowance in Parliament and is effective from the day after registration until the end of 30 November 2021.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) (section 4) exempts 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. This exemption is intended to provide flexibility in the management of the continuing airworthiness of class A aircraft, which are defined as Australian aircraft certificated in the transport category or used under an Air Operator's Certificate that authorises regular public transport operations. The exemption applies to all class A aircraft and is intended to align with the maintenance practices that are already in place for these aircraft. The Act imposes specific obligations on the owner, operator and pilot in command of class A aircraft to ensure that their aircraft's continuing airworthiness requirements are met. These obligations include the requirement to include procedures for the recording of the time-in-service of the class A aircraft in the aircraft's maintenance control manual (section 5(1)) and 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 section 5(2). The exemption is subject to conditions that CASA has imposed in the interests of aviation safety, and it is a strict liability offence not to comply with the obligations imposed by a condition (regulation 11.210). Failure to comply with the conditions of the exemption may result in civil or criminal penalties. Under regulation 11.225 of CASR, an exemption must be published on the Internet. The maximum duration of an exemption is 3 years (regulation 11.230(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. However, 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. The instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislation Act 2003 (the LA). CASA is progressing amendments to the maintenance regulations that are intended to render the exemption unnecessary, subject to other legislative priorities.

Legal classification tags

Area of Law
Administrative Law
Environmental Law
Instrument
Regulation
Concepts
Regulatory Standards
Reporting & Disclosure Obligations
Compliance Obligations
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.