CASA EX177/14 - Exemption — carriage of flight data recorder (Pel-Air Aviation)

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

Legislation au F2014L01804 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption – carriage of flight data recorder (Pel-Air Aviation)

 

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.

 

Under regulation 207 of the Civil Aviation Regulations 1988 (CAR 1988), CASA is empowered to issue directions relating to the instruments and equipment to be carried in aircraft engaged in certain kinds of air operation. In accordance with regulation 5 of CAR 1988, such directions may be issued in the form of a Civil Aviation Order (CAO).

 

CAO 20.18 sets out directions issued by CASA under regulation 207 in relation to the instruments and equipment to be carried on board aircraft. Paragraph 6.1 of CAO 20.18 requires, among other things, turbine-powered aircraft with a maximum take-off weight (MTOW) in excess of 5 700 kg to be fitted with an approved flight data recorder (FDR) and an approved cockpit voice recorder (CVR).

 

Exemptions

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988, 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.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Purpose

This instrument exempts Pel-Air Aviation Pty Limited (the operator) from compliance with subregulation 207 (2) of CAR 1988, in respect of the requirements of paragraph 6.1 of CAO 20.18 in relation to the operation of 4 Hawker Beechcraft Corporation B200C Beech King aircraft.

 

These aircraft have been modified in accordance with a Supplemental Type Certificate (STC) to increase their gross weight to allow them to carry more fuel to enhance the range and operational flexibility of the kinds of operations for which the aircraft are used by the operator, including aeromedical operations conducted in support of the Royal Flying Doctor Service.

 

The increase in weight associated with the STC increased the MTOW of the aircraft from below 5 700 kg to in excess of that weight which, therefore, required each aircraft to comply with the requirements of paragraph 6.1 of CAO 20.18. Each of the aircraft is currently fitted with an approved CVR, but not an FDR.

 

The operator sought approval from CASA for a modular acquisition unit comprising both FDR and CVR. The operator was granted an exemption (CASA EX80/13) from the requirements of paragraph 6.1 of CAO 20.18 from 16 July 2013 to 31 December 2013, when the development and installation of the modular acquisition unit was expected to have been completed. The operator was granted a further exemption (CASA EX135/13) for 12 months until 31 December 2014 due to unexpected delays.

 

However, development of the modular acquisition unit is still continuing and is not expected to be available for installation in the operator’s aircraft until testing has been completed in the first quarter of 2015. As a result, the operator has sought an extension of the exemption until the end of February 2015. It is expected that this will be the last extension of the exemption.

 

CASA has consulted further with the operator and considers that the exemption will have a minimal risk and preserve an acceptable level of aviation safety. This is coupled with the fact that existing modifications to each of the operator’s aircraft to increase its fuel capacity creates greater flexibility and options for flight crew to deal with unanticipated diversions due to weather or other unforeseen circumstances.

 

Legislative Instruments Act

Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. This instrument affects the operation of paragraph 6.1 of CAO 20.18 and is, therefore, a legislative instrument.

 

As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

 

Consultation

CASA consulted the operator regarding the terms of the exemption and its duration. Previous exemptions (CASA EX80/13 and CASA EX135/13) were made with the expectation that development and installation of the ATSO-C1007a – Flight Data Recorder Interface Unit would be complete by 31 December 2014. However, it is apparent this time frame would not be met and the operator has asked CASA for an extension of the exemption to the end of February 2015. CASA has also consulted the Australian Transport Safety Bureau (ATSB) to establish whether there was any objection to the extension of the exemption. The ATSB did not raise any objection. CASA considers that no further consultation is appropriate or necessary as the instrument applies only to this aircraft operator.

 

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 instrument commences on the day of registration and expires at the end of February 2015, as if it had been repealed by another instrument.

[Instrument number CASA EX177/14]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

Exemption – carriage of flight data recorder (Pel-Air Aviation)

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 4 Hawker Beechcraft Corporation B200C Beech King aircraft operated by Pel-Air Aviation Pty Ltd (the operator) from compliance with the requirement, under paragraph 6.1 of Civil Aviation Order 20.18, to be fitted with an approved flight data recorder.

The instrument expires at the end of February 2015, by which time it is expected that the operator will have developed and installed on each aircraft a modular acquisition unit comprising both a flight data recorder and a cockpit voice recorder.

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 1998) were enacted to ensure the safety of air navigation and provide a comprehensive regulatory framework for civil aviation operations in Australia. The Civil Aviation Safety Regulations 1998 were introduced to address the need for a robust and cohesive set of regulations governing civil aviation safety, complementing the overarching Civil Aviation Act 1988. The Civil Aviation Safety Regulations 1998 were enacted by the Australian Government, with the Civil Aviation Safety Authority (CASA) being the relevant authority responsible for administering these regulations. The policy objective of the Civil Aviation Safety Regulations 1998 is to maintain and enhance the safety of air navigation by setting out detailed requirements and standards for aircraft operations, maintenance, and equipment. This legislative instrument pertains to an exemption granted by CASA to Pel-Air Aviation Pty Ltd for the carriage of flight data recorders (FDR) on four of its Hawker Beechcraft Corporation B200C Beech King aircraft. The exemption, which was initially granted in 2013 and extended to 2014, is now being further extended until the end of February 2015. This exemption is necessary due to delays in the development and installation of a modular acquisition unit that combines both a flight data recorder and a cockpit voice recorder. CASA has determined that this exemption will not compromise aviation safety, as the aircraft are currently equipped with an approved cockpit voice recorder and have undergone modifications to increase their fuel capacity, thereby enhancing operational flexibility. The exemption is subject to the Legislative Instruments Act 2003 and will be subject to disallowance in the Parliament.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) playing a pivotal role in regulating and overseeing compliance. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the Act, and regulation 207 of the Civil Aviation Regulations 1988 empowers CASA to issue directions regarding the instruments and equipment to be carried in aircraft engaged in certain kinds of air operation. These directions are often issued in the form of Civil Aviation Orders (CAO), with CAO 20.18 specifying, among other things, that turbine-powered aircraft with a maximum take-off weight (MTOW) exceeding 5,700 kg must be equipped with an approved flight data recorder (FDR) and an approved cockpit voice recorder (CVR). However, under subregulation 11.160 of the CASR 1998, CASA has the authority to grant exemptions from these requirements if it is deemed necessary in the interest of the safety of air navigation. The exemption in question applies specifically to Pel-Air Aviation Pty Limited, allowing it to operate four Hawker Beechcraft Corporation B200C Beech King aircraft without an approved FDR until the end of February 2015, while it completes the development and installation of a modular acquisition unit that will include both an FDR and a CVR. This exemption, which is subject to conditions and must be published on the Internet, is intended to accommodate the operator's modifications to increase fuel capacity, thereby enhancing operational flexibility and safety.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions that empower the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory requirements under the Civil Aviation Act 1988 (section 98). Specifically, subregulation 11.160(1) of CASR 1998 allows CASA to grant exemptions from the provisions of the regulations, including those in the Civil Aviation Regulations 1988 (CAR 1988). This exemption power can apply to a specific person or class of persons and may be subject to conditions imposed under subregulation 11.205(1) of CASR 1998 if necessary for the safety of air navigation. Exemptions must be published on the internet as per regulation 11.225 of CASR 1998, and they typically cease three years after their commencement unless otherwise specified, as per subregulation 11.230(1). This legislative instrument, CASA EX177/14, exempts Pel-Air Aviation Pty Ltd from complying with subregulation 207(2) of CAR 1988, specifically the requirements of paragraph 6.1 of Civil Aviation Order 20.18 for four of its Hawker Beechcraft Corporation B200C Beech King aircraft. These aircraft, modified under a Supplemental Type Certificate (STC) to increase their gross weight, now exceed the 5,700 kg maximum take-off weight threshold, necessitating compliance with the FDR and CVR requirements. The obligations imposed by this exemption primarily rest on Pel-Air Aviation to ensure that the modifications and operational flexibility provided by the STC do not compromise aviation safety. While granted an exemption, Pel-Air must continue to work towards completing the development and installation of the modular acquisition unit comprising both an FDR and a CVR by the end of February 2015. CASA has imposed conditions to ensure that this timeline is met and has consulted with relevant parties, including the Australian Transport Safety Bureau (ATSB), to ensure the exemption poses minimal risk. CASA will monitor the situation closely, and if the operator fails to meet the deadlines, further action may be required to ensure compliance. Breach of the conditions set out in this exemption could lead to CASA revoking the exemption and mandating immediate compliance with the original regulations. This could result in significant operational disruptions for Pel-Air Aviation. Additionally, if the exemption period lapses without the operator having successfully installed the required FDR and CVR, the operator may face enforcement actions under the Civil Aviation Act 1988, potentially leading to fines or other penalties. The specific penalties would depend on the nature and severity of the non-compliance, but they could include substantial monetary fines or, in severe cases, grounding of the affected aircraft until compliance is achieved. Given that this legislative instrument affects a specific operator and a defined set of aircraft, the impact on broader aviation safety is expected to be minimal. CASA has determined that the exemption poses an acceptable level of risk, particularly considering the operational flexibility provided by the STC modifications. However, this determination is subject to review, and ongoing compliance will be essential to maintaining this status. The instrument is also subject to disallowance in Parliament, as per the Legislative Instruments Act 2003, and it has been prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, ensuring its compatibility with human rights.

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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.