CASA EX210/15 - Exemption — display of markings and carriage of identification plates

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

Legislation au F2015L02066 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — display of markings and carriage of identification plates

 

Legislation

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.

 

Regulation 45.045 of the Civil Aviation Safety Regulations 1998 (CASR 1998) sets out the required number and location of sets of markings. Paragraph 45.045 (1) (a) provides that on a fixed-wing aircraft, 1 set of the markings may be either on the under surface of the port wing or across the under surface of both wings, in each case as set out in subregulation 45.045 (2).

 

Regulation 45.065 of CASR 1998 sets out the minimum height of the characters in a set of aircraft markings. Markings comprise the nationality and registration marks of an aircraft. In accordance with subparagraph 45.065 (3) (b) (ii) and item 1 of paragraph 45.065 (3) (c), the minimum height that would be applicable to the markings on the side of a fixed-wing aircraft and rotorcraft is 300 millimetres.

 

Regulation 45.145 of CASR 1998 provides that a person may only operate an Australian aircraft if an aircraft identification plate is attached to the aircraft.

 

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

 

Background

Part 45 of CASR 1998, which deals with the display of nationality and registration marks and aircraft registration identification plates, commenced on 1 October 2000. A number of changes and requirements were restrictive and industry participants found it difficult to ensure compliance. The key difficulties related to the minimum height of lateral markings increasing from 150 millimetres to 300 millimetres, the variations in marking requirements depending on an aircraft’s certification category, and technical limitations applying to the surfaces of composite materials used in some newer aircraft.

 

To address these issues, CASA issued an exemption on 27 January 2010 to provide some relief (CASA EX10/10 refers). Subsequent instruments extended the exemption, with the most recent exemption, CASA EX16/15, expiring at the end of December 2015.

 

Marking requirements for aircraft are based on standards set by the International Civil Aviation Organization (ICAO) and are used for visual identification purposes. However, the exemption will not affect Australia’s compliance with ICAO Annex 7 – Aircraft Nationality & Registration Marks, since the exemption is limited to aircraft operating within Australian territory and does not apply to any Australian aircraft engaged in international air navigation.

 

CASA is nearing completion of a project to amend Part 45 of CASR 1998 to deal with the issues dealt with by the exemption.

 

Instrument

CASA EX210/15 is a renewal of the exemption in CASA EX16/15 in the same terms, with the new expiry date being the end of 3 July 2016.

 

CASA EX210/15 exempts Australian fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5 700 kilograms operating in Australian territory from minimum character height requirements, carriage of an aircraft identification plate, and display of sets of markings on the aircraft. The exemptions are subject to conditions that require carriage of a manufacturer’s data plate and that character height must be a minimum of 150 millimetres. The exemption from displaying sets of markings on the aircraft only extends to the display of markings on the under surface of the port wing or across the under surface of both wings.

 

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 the 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 exemption applies generally to all fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5 700 kilograms operating in Australian territory.

 

The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

CASA’s policy on exempting certain aircraft from Part 45 requirements has not changed since initial industry consultations in 2010. The instrument is a renewal of an exemption that has continued since January 2010. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.

 

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 (OBPR id: 14507).

 

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 exemption commences on 1 January 2016 and expires at the end of 3 July 2016, as if it had been repealed by another instrument.

 

[Instrument number CASA EX210/15]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption — display of markings and carriage of identification plates

 

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 Australian fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5 700 kilograms operating within Australian territory from various marking and identification plate requirements.

 

The exemption is subject to conditions that CASA considers necessary 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

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation and the aviation industry. One of the specific issues addressed by these regulations is the requirement for aircraft to display certain markings and identification plates. The Civil Aviation Safety Regulations 1998, under Section 98 of the Civil Aviation Act 1988, empower the Governor-General to create regulations governing air safety. Regulation 45.045 of the CASR 1998 specifies the required number and location of aircraft markings, while Regulation 45.145 mandates that an aircraft identification plate must be attached. However, these regulations proved to be restrictive, especially for certain aircraft types and configurations, prompting the need for exemptions to ensure compliance without compromising safety. The Civil Aviation Safety Authority (CASA) has been granted the authority to issue such exemptions, and the most recent exemption, CASA EX210/15, was introduced to provide relief to Australian fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5,700 kilograms operating within Australian territory. This exemption allows for flexibility in compliance with certain marking and identification requirements while maintaining essential safety standards. The exemption, CASA EX210/15, was made under the authority granted by the Civil Aviation Safety Regulations 1998 and is subject to the Legislative Instruments Act 2003, which requires such instruments to be tabled and potentially disallowed by the Parliament. The policy objective of this exemption is to facilitate compliance with safety regulations while acknowledging the practical difficulties faced by the industry. The exemption is compatible with human rights as it does not engage any of the applicable rights or freedoms, as affirmed in the Statement of Compatibility with Human Rights. This exemption is a continuation of a policy that has been in place since 2010, with CASA deeming further consultation unnecessary. The exemption will remain in effect until the end of 3 July 2016, after which CASA plans to amend the regulations to permanently address the identified issues.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) outlines the requirements for the display of markings and the carriage of identification plates on aircraft, which are essential for ensuring safety and compliance with international standards. Regulation 45.045 specifies the placement and height of these markings, while regulation 45.145 mandates that an aircraft identification plate must be attached. However, CASA EX210/15 provides an exemption from these requirements for Australian fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5,700 kilograms operating within Australian territory. This exemption, which is subject to specific conditions such as the carriage of a manufacturer’s data plate and a minimum character height of 150 millimetres, is aimed at addressing compliance difficulties faced by industry participants. The exemption is a legislative instrument, subject to parliamentary scrutiny under the Legislative Instruments Act 2003, and it is compatible with human rights as it does not engage any of the applicable rights or freedoms. This exemption is set to expire at the end of 3 July 2016, after which CASA plans to amend Part 45 of CASR 1998 to permanently address the compliance issues.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) outline several key provisions concerning the display of markings and the carriage of identification plates for aircraft. According to regulation 45.045(1)(a), fixed-wing aircraft must display one set of markings on the under surface of the port wing or across the under surface of both wings, as detailed in regulation 45.045(2). Regulation 45.065 stipulates that the minimum height for characters in these markings is 300 millimetres, particularly relevant for fixed-wing aircraft and rotorcraft. Additionally, regulation 45.145 mandates that an aircraft identification plate must be attached to any Australian aircraft operated under the Civil Aviation Act 1988. These regulations ensure the safety and proper identification of aircraft within Australian airspace. Entities governed by the Act must comply with these marking and identification requirements, ensuring that aircraft display the necessary markings and identification plates as specified. For example, fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5,700 kilograms must adhere to the height requirements for markings and carry an aircraft identification plate. Failure to comply with these regulations could result in significant safety issues and non-compliance with aviation standards. Under subregulation 11.160(1) of CASR 1998, the Civil Aviation Safety Authority (CASA) can grant exemptions from these requirements if it is deemed necessary in the interests of the safety of air navigation. However, any exemptions granted must be subject to specific conditions, as outlined in subregulation 11.205(1). Failure to adhere to the conditions of these exemptions can lead to serious consequences. For instance, operating an aircraft without the required identification plate can result in penalties under the Civil Aviation Act 1988. The Act does not specify maximum penalties for these offences, but they can include fines and other sanctions as determined by CASA. The legislative instrument, CASA EX210/15, renews an exemption granted in CASA EX16/15, effective from 1 January 2016 until the end of 3 July 2016. This exemption applies to Australian fixed-wing aircraft and rotorcraft with a maximum take-off weight of less than 5,700 kilograms operating within Australian territory. The exemption relieves these aircraft from certain marking and identification requirements but mandates that they carry a manufacturer's data plate and maintain a minimum character height of 150 millimetres. This exemption is subject to CASA's conditions, which are necessary to ensure aviation safety. Any breach of these conditions could lead to enforcement actions by CASA, including potential penalties under the Civil Aviation Act 1988.

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