Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — requirement for grant of special certificate of airworthiness for a light sport aircraft (ICON A5)
Purpose
An ICON A5 aircraft would, because of its maximum take-off weight (MTOW), fall outside the scope of the definition of light sport aircraft in Part 1 of the Dictionary to CASR 1998. The exemption has the purpose of allowing registration holders and owners of ICON A5 aircraft to, nevertheless, apply for a special certificate of airworthiness for a light sport aircraft under Part 21 of the Civil Aviation Safety Regulations 1998 (CASR 1998). The exemption is in relation to the aircraft’s MTOW only and the aircraft must meet every other eligibility requirement for the grant of the special certificate of airworthiness for a light sport aircraft. The exemption aligns Australia’s certification of the ICON A5, as essentially a light sport aircraft, with how the United States Federal Aviation Administration (FAA) has also certified the ICON A5.
The exemption has been granted on the basis that the prescribed MTOW limit has been exceeded only because additional safety features above and beyond the minimum requirements of the applicable light sport aircraft standards have been incorporated in the aircraft. In particular, those features include a spin resistant airframe that complies with 14 CFR § 23.221 (a) (2) and a ballistic recovery complete-aircraft parachute system that complies with ASTM International Standard F2316 (full details of the additional safety features provided in the ICON A5 are available in FAA Exemption No. 10829).
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.
Part 21 of CASR 1998 deals with the certification and airworthiness requirements of aircraft, and includes rules on type certification, certificates of airworthiness, approval of aircraft engines and materials, and matters relating to approved design organisations. Regulation 21.175 classifies certificates of airworthiness into 2 categories — a special certificate of airworthiness issued for aircraft in the restricted or limited category, aircraft that are amateur-built, or a light sport aircraft; and a standard certificate of airworthiness issued for aircraft types certificated in the normal, utility, acrobatic, commuter or transport category.
Regulation 21.176 empowers CASA or an authorised person to issue a certificate of airworthiness to an applicant if the applicant, among other things, under paragraph (c) “... is entitled, under this Subpart [21.H], to the certificate …”. The requirements for each category of certificate of airworthiness is then set out in subsequent regulations in Subpart 21.H.
Regulation 21.186 sets out the requirements for the issue of special certificates of airworthiness for light sport aircraft. Among other things, the aircraft must: be manufactured by a qualified manufacturer; be accompanied by a manufacturer’s statement of compliance in regard to the matters set out in subregulation 21.186 (2); and, for a light sport aircraft manufactured outside Australia, have written information showing that the aircraft is eligible for a certificate of airworthiness or another document of similar effect in the country of manufacture.
The definition of light sport aircraft in Part 1 of the Dictionary to CASR 1998 is made with reference to the aircraft’s seating capacity, stall speed, engine characteristics and MTOW, among other things. For an aircraft that is intended for operation on water, the MTOW is to be at or below 650 kilograms.
Subregulation 11.160 (1) of CASR 1998 provides that CASA may exempt a person, or class of persons, from compliance with a provision of CASR 1998. Subregulation 11.170 (3) provides that CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. Regulation 11.205 provides that CASA may impose on an exemption any condition necessary in the interests of safety and set out that condition in an instrument of exemption.
Under regulation 11.205, CASA may impose conditions on an exemption, if necessary, 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, CASA must, as soon as practicable, publish on the Internet details of all exemptions under Subpart 11.F.
Under subregulation 11.230 (1), an exemption may remain in force for 3 years or for a shorter period specified in the instrument. Under subregulation 11.230 (3), an exemption in force in relation to a particular aircraft owned by a particular person ceases to be in force when the aircraft ceases to be owned by that person. Under regulation 11.235, an exemption is not transferable (as between operators, aircraft etc.).
Background
The ICON A5 aircraft is capable of conducting water or land operations and incorporates a spin-resistant airframe (SRA) that improves the aircraft handling characteristics and overall safety of the aircraft. Due to the incorporation of the SRA, the weight of the aircraft exceeds 650 kilograms MTOW and is roughly around 762 kilograms MTOW. The manufacturer sought, and was granted, an FAA exemption (FAA Exemption No. 10829) to allow the ICON A5 aircraft to be treated as if it were a light sport aircraft — that is, the exemption allows registration holders and owners of the ICON A5 aircraft to apply for, and to be issued with, certificates of airworthiness in the light sport aircraft category in the United States.
Pending the completion of the final development and testing phase for the aircraft, a number of prospective ICON A5 owners in Australia have requested that CASA issue an exemption similar to the FAA exemption to allow aircraft owners to benefit from the simpler certification requirements for light sport aircraft, notwithstanding that the ICON A5 itself does not currently meet the definition for being characterised as a light sport aircraft.
Instrument
CASA EX203/15 is an exemption that applies to a person who is the registration holder or owner of an ICON A5 aircraft and who is not entitled to apply for a special certificate of airworthiness for a light sport aircraft under regulation 21.186 of CASR 1998 because the aircraft does not meet the definition of light sport aircraft. For these persons, the exemption is from compliance with paragraph 21.176 (1) (c) of CASR 1998, but only in relation to subregulation 21.186 (1) in respect of the aircraft’s non-compliance with the MTOW thresholds for the definition of light sport aircraft.
Therefore, the exemption operates so that, notwithstanding that the ICON A5 aircraft’s MTOW is over 650 kilograms for the water operation variant (or any other variant over its respective MTOW threshold specified in the CASR 1998 Dictionary), the owner may apply for a certificate of airworthiness in that light sport aircraft category (notwithstanding that the ICON A5 aircraft is, by definition, not a light sport aircraft).
The exemption is subject to a number of conditions. Firstly, with the exception of the MTOW requirement, the applicant must ensure that the ICON A5 meets every other eligibility requirement for the grant of a special certificate of airworthiness for a light sport aircraft. The applicant must also provide evidence that the aircraft was manufactured in accordance with the requirements of FAA Exemption No. 10829, such as by providing a written statement from the manufacturer. Finally, the applicant must ensure that the ICON A5 aircraft is maintained and operated as if it were a light sport aircraft.
Legislative Instruments Act 2003 (the LIA)
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 instrument applies to a class of persons, being the registration holders or owners of ICON A5 aircraft. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The instrument is of beneficial effect to industry and is premised on a similar exemption issued by the FAA in respect of ICON A5 aircraft in the light sport aircraft category (FAA Exemption No. 10829). It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
CASA is currently reviewing the LSA requirements in Part 21 of CASR 1998 as part of the ongoing Part 21 review, and is developing regulatory amendments that would provide a permanent legislative solution for this kind of scenario (that is, where the prescribed MTOW limit is exceeded due to additional safety features). The amendments will be subject to full consultation in early 2016.
In the interim, until the proposed regulation amendments are in place, a similar exemption would be available for other light sport aircraft that exceed the prescribed MTOW limit due to additional safety features being included in the aircraft.
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 for an exemption (OBPR id: 14507).
Making and commencement
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on the day of registration and expires at the end of June 2018, as if it had been repealed by another instrument.
[Instrument number CASA EX203/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — requirement for grant of special certificate of airworthiness
for a light sport aircraft (ICON A5)
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 legislative instrument allows registration holders and owners of ICON A5 aircraft to apply for special certificates of airworthiness for a light sport aircraft, notwithstanding that the ICON A5’s maximum take-off weight exceeds the threshold defined for a light sport aircraft in the Dictionary to the Civil Aviation Safety Regulations 1998.
The instrument is of beneficial effect to industry and is subject to conditions 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