CASA EX21/07 - Exemption - location of sets of markings

Overview

The Civil Aviation Regulations 1998, as amended, includes a specific exemption concerning the location of sets of markings on certain aircraft. Enacted by the Parliament of Australia, the Civil Aviation Regulations 1998 were introduced to address the need for regulatory flexibility in the context of civil aviation safety, ensuring that the rules can accommodate advancements and specific design limitations of new aircraft models. In this instance, the regulation exempts the Cirrus SR series aircraft from the requirement to display certain markings under their wings due to technical limitations inherent in the aircraft's design, thus allowing for safe and compliant operation. This exemption is declared as a disallowable instrument under the Legislative Instruments Act 2003 and is subject to parliamentary oversight, although consultation under the Act was not deemed necessary for this particular exemption due to its minor nature. The exemption is effective from the day after its registration and will cease to have effect at the end of May 2009.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) are instrumental in ensuring that aircraft meet specific safety standards, and regulation 11.160 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with these regulations. Specifically, regulation 45.045 mandates the number and location of sets of markings on fixed-wing aircraft. However, for the Cirrus SR series aircraft, which have technical limitations preventing them from meeting the specified location requirements, CASA has granted an exemption under regulation 11.160. This exemption pertains to the aircraft's inability to display the required markings on the under surface of the port wing or across the under surface of both wings as stipulated in regulation 45.045(2). The exemption applies to the Cirrus SR series aircraft and is effective from the day it is registered until the end of 31 May 2009. This legislative exemption is classified as a disallowable instrument under regulation 5A of the Civil Aviation Regulations 1988 (CAR 1988) and is thus subject to the provisions of the Legislative Instruments Act 2003 (LIA). Although the exemption is a legislative instrument, no consultation was necessary under section 17 of the LIA as it is considered minor and does not significantly alter existing arrangements.

Key Provisions

The Civil Aviation Regulations 1998, specifically under regulation 11.160, empower the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions of the Civil Aviation Safety Regulations 1998 (CASR 1998). Regulation 45.045 of CASR 1998 details the number and location of sets of markings that must be displayed on aircraft. More specifically, section 45.045(1)(a) requires that a fixed-wing aircraft must have one set of markings on the under surface of the port wing or across the under surface of both wings as outlined in subregulation 45.045(2). However, the exemption pertains to the Cirrus SR series aircraft, which due to its design and technical limitations, cannot comply with the specified location requirements for the markings. The obligations imposed by this exemption are primarily on CASA, as they are the entity granting the exemption. CASA must ensure that the exemption is issued in accordance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The exemption specifically relieves the Cirrus SR series aircraft from the requirement to display the markings under the wings, as long as the exemption is in effect. CASA must also ensure that the exemption is registered and comes into effect on the specified date. Under the Legislative Instruments Act 2003, this exemption is classified as a disallowable instrument because it affects the operation of a provision in CASR 1998. The disallowable instrument is declared under regulation 5A of the Civil Aviation Regulations 1988. As a legislative instrument, it is subject to tabling in Parliament and potential disallowance under sections 38 and 42 of the Legislative Instruments Act 2003. The exemption is effective from the day after it is registered and ceases to have effect by the end of 31 May 2009. The exemption was issued by the Deputy Chief Executive Officer, Strategy and Support, who is a delegate of CASA, appointed under regulation 7 of CAR 1988. There are no specific offences or penalties outlined in this exemption. However, any failure to comply with the terms of the exemption or any misuse of the exemption could potentially result in legal consequences. As the exemption is issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance could lead to civil or criminal penalties as prescribed in those acts. The maximum penalties would depend on the nature and severity of the non-compliance or misuse, as stipulated within the broader framework of the Civil Aviation Act 1988.