CASA EX181/12 - Exemption - CASR Part 99 DAMP requirements for CAR 30 or Part 145 organisations overseas

Overview

The Civil Aviation Safety Regulations 1998 were amended by the Civil Aviation Safety Authority (CASA) to provide an exemption, documented as F2012L02302, for holders of a certificate of approval under regulation 30 of the Civil Aviation Regulations 1988 (CAR 1988) and Part 145 organisations engaged in aircraft maintenance overseas. The exemption addresses the impracticality of these organisations meeting the drug and alcohol management plan (DAMP) requirements of Part 99 of the Civil Aviation Safety Regulations 1998 within the current timeframe and resources. The exemption was introduced by CASA, which recognises the difficulties these overseas organisations face in fully adapting their existing drug and alcohol control policies to meet the stringent CASR Part 99 DAMP requirements. The primary objective of the exemption is to maintain an acceptable level of safety while allowing these organisations some flexibility, subject to CASA's approval of their internal measures to ensure no employee is affected by alcohol or a testable drug while performing safety-sensitive aviation activities.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) include a specific exemption that allows holders of a certificate of approval under regulation 30 of the Civil Aviation Regulations 1988 (CAR 1988) and Part 145 organisations involved in aircraft maintenance overseas to be exempt from the drug and alcohol management plan (DAMP) requirements set forth in Part 99 of the CASR. This exemption is intended to address the impracticality of immediately implementing international DAMP requirements for overseas operations while ensuring the preservation of an acceptable level of safety. The exemption applies to organisations that are considered DAMP organisations if they have employees or contractors performing safety-sensitive aviation activities. However, it is important to note that this exemption does not limit the application of the CASR Part 99 DAMP requirements for any relevant organisation or person within Australia. The exemption is subject to conditions, including the requirement for the CAR 30 or Part 145 organisation to notify CASA in writing about the measures in place to ensure that none of the employees or contractors are affected by alcohol or a testable drug while carrying out activities under their certificate of approval. The exemption is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 and has been made by the Acting Director of Aviation Safety on behalf of CASA.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under regulation 11.160(1) allows the Civil Aviation Safety Authority (CASA) to grant an exemption from compliance with a provision of CASR 1998. This particular exemption, detailed in subregulation 11.160(3), concerns the drug and alcohol management plan (DAMP) requirements stipulated in Part 99 of CASR 1998 for organisations engaged in aircraft maintenance overseas. Specifically, the exemption applies to holders of a certificate of approval under regulation 30 of the Civil Aviation Regulations 1988 (CAR 1988) and Part 145 organisations. These entities are exempt from the obligation to develop and maintain a DAMP as long as they are operating overseas and are not within Australia. The exemption, however, does not affect the application of CASR Part 99 to any relevant organisation or person within Australia. The obligations imposed on the parties covered by this exemption are primarily centered around ensuring safety through drug and alcohol management. Specifically, under subregulation 11.205(1) of CASR 1998, CASA can impose conditions on the exemption to ensure safety. Here, it is a condition that the CAR 30 or Part 145 organisation must notify CASA in writing about the measures they have in place to ensure that none of the persons employed by or working under an arrangement with them is affected by alcohol or a testable drug while carrying out activities under their certificate of approval. This notification is crucial as the exemption does not take effect for the organisation until CASA receives such notification. Failure to comply with the conditions set out in the exemption could lead to civil or criminal consequences. However, the specific penalties for breach are not detailed in the text provided. Generally, under subregulation 11.160(3) of CASR 1998, CASA can impose penalties for non-compliance with the exemption conditions. These penalties can include fines, suspension or revocation of the certificate of approval, or other regulatory actions deemed necessary to preserve an acceptable level of safety. It is important to note that any penalties would be determined in accordance with the regulatory framework governing the specific breach and the interests of safety in air navigation.