CASA EX21/08 – Exemption – training and checking organisation, flight check system

Overview

The Civil Aviation Regulations 1988, amended by the legislative instrument F2008L00517, introduce exemptions for Machjet International Pty Ltd regarding the requirement for a training and checking organisation and a separately approved flight check system. Enacted by the Governor-General under the authority of the Civil Aviation Act 1988, this legislation seeks to address practical challenges in ensuring compliance with safety standards for aircraft operators whose pilots and CASA inspectors are not type-rated. The policy objective is to maintain an equivalent level of safety by aligning with the competency requirements of the National Aviation Authority from the aircraft’s state of registry. The exemption is subject to conditions, including the necessity for pilots to meet the proficiency check and training requirements of their home NAA, and for the operator's chief pilot to verify crew licences and proficiency check documents. Furthermore, the exemption is classified as a disallowable instrument under the Legislative Instruments Act 2003, thus subject to tabling and disallowance in the Parliament.

Scope and Application

The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, establish provisions for the regulation of aviation safety, including specific requirements for aircraft operators. The regulation allows for exemptions from certain provisions of the Civil Aviation Regulations 1988 to be made by the Civil Aviation Safety Authority (CASA) where it is deemed necessary for safety reasons. Exemptions are granted subject to conditions that ensure an equivalent level of safety is maintained. For instance, Machjet International Pty Ltd has been exempted from the requirement to have a training and checking organisation for its aircraft used solely for aerial surveying purposes, provided the aircraft are operated in Australia by pilots who meet the competency requirements of the National Aviation Authority from the aircraft's state of registry. Additionally, the operator is exempt from the requirement to have a flight check system separately approved by CASA, as long as the system complies with the requirements. These exemptions are subject to the Legislative Instruments Act 2003, which mandates that they be tabled and potentially disallowed by Parliament, though in this instance, consultation was not undertaken as the exemption closely mirrors those granted to other operators.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) have been amended to provide an exemption for Machjet International Pty Ltd from certain regulatory requirements. Specifically, under subregulation 308(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) has the authority to exempt aircraft, or persons associated with the aircraft, from complying with specified provisions of the CAR 1988 if it is deemed necessary for safety. Subregulation 308(2) mandates that CASA must consider safety-related factors before granting any exemption, while subregulation 308(3) allows CASA to impose conditions on the exemption to ensure safety is maintained. In this case, Machjet International Pty Ltd has been exempted from the requirement to have a training and checking organisation, as stipulated in subregulation 217(1) of CAR 1988. This exemption is justified by the impracticality of endorsing CASA Flying Operations Inspectors on type due to the nature of the short-term contract work, while ensuring safety through other means, such as compliance with the National Aviation Authority's requirements. The obligations imposed on Machjet International Pty Ltd under this exemption include holding a discrete Air Operator's Certificate (AOC) for the aircraft, which must be used solely for aerial surveying purposes. Additionally, the aircraft may only be flown in Australia by pilots who meet the check and training proficiency requirements set by the National Aviation Authority of the aircraft's state of registry. The operator's chief pilot must also verify and keep copies of the crew's licences and proficiency check documents. Another key obligation is related to the flight check system, as outlined in subregulation 232 of CAR 1988. Although the operator is exempt from the requirement to have a flight check system separately approved by CASA, they must ensure the system complies with the relevant requirements. Failure to comply with the conditions of the exemption or the requirements of the Civil Aviation Regulations 1988 may result in civil and criminal consequences. The exemption is considered a disallowable instrument under the Legislative Instruments Act 2003 (LIA), meaning it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. Non-compliance with the exemption conditions may also result in CASA taking enforcement action, which could include fines, suspension or revocation of the AOC, or other legal measures. The maximum penalties for non-compliance with the Civil Aviation Regulations 1988 vary depending on the specific offence and are outlined in the Act and associated regulations.