Explanatory Statement
Civil Aviation Regulations 1988
Exemption — training and checking, and flight check system, approvals
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.
Legislation
Under subregulation 217 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the operator of an aircraft with a maximum take-off weight exceeding 5 700 kg must provide a training and checking organisation (TCO) to ensure that the aircraft’s operating crew maintain their competency. Under subregulation 217 (2), the TCO must provide each crew member with 2 annual competency checks. Under subregulation 217 (3), the TCO, and its tests and checks, must be approved by CASA.
Under subregulation 232 (1) of CAR 1988, an aircraft operator must establish a flight check system setting out the procedures for the flight crew to follow in operating the aircraft. Under subregulation 232 (3), the pilot in command must ensure that the procedure check lists are located where they are immediately available to the flight crew. Under subregulation 232 (4), the pilot in command must ensure that the flight check system is carried out in detail.
Under subregulation 232 (2), the flight check system must be approved by CASA.
Under subregulation 232 (5), the aircraft operator must not allow the aircraft to be flown if the flight check system has not been approved by CASA.
Under subregulation 308 (1) of CAR 1988, CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988. Under subregulation 308 (2), before making an exemption CASA must take into account any relevant safety considerations. Under subregulation 308 (3), CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
Instrument
The instrument applies to Executive Airlines Pty Ltd (the operator) only for the Cessna 680 Sovereign aircraft with nationality and registration marks VH‑EXG (the Cessna 680).
It exempts the operator from compliance with the requirements of subregulations 217 (3), 232 (2) and 232 (5) of CAR 1988 in relation to obtaining formal CASA approval of its TCO and its flight check system specifically for the Cessna 680. These exemptions from the formal approval processes are necessary to enable the aircraft to commence planned operations at the end of May 2006.
The operator applied in September 2005 to add the Cessna 680 to its charter and international operations under its current air operator’s certificate. CASA assessment of the Cessna 680 has proceeded as far as possible with the available CASA expertise. However, because it is a first of type, CASA has no flying operations inspectors trained on type for assessment of the Cessna 680 in accordance with current CASA policies and procedures for such assessments. Thus, CASA is unable to complete its formal assessment of the aircraft leading to approval of the TCO and the flight check system.
The operator already operates Cessna 500, 550 and 560 aircraft and has an approved TCO, and relevant flight check systems for these aircraft. On 1 March 2006, the nominated Head of Training and Checking (T&C) completed the manufacturer’s simulator course for the Cessna 680, and all flight crew members have recently completed the same course. The Head of T&C will be required to undergo competency checks again by 1 November 2006 — 8 months being the maximum period that CASA permits to elapse between such checks.
Having taken into account all relevant safety considerations, CASA is satisfied that for the purposes of the proposed operations formal TCO and flight check system approval is not required, as its absence will not jeopardise the safety of air navigation for the duration of the exemption. The exemption, therefore, permits the aircraft to be operated until the end of October 2006, when CASA will review the aircraft’s operations and the instrument.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a
disallowable instrument under legislation in force before the commencement of the LIA. Under subregulation 308 (4) of CAR 1988, an exemption is a disallowable instrument. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument addresses the particular circumstances of a specific operator.
The instrument commences on the day after it is registered and it stops having effect at the end of October 2006.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX22/06]