CASA EX22/06 - Exemption - training and checking, and flight check system, approvals

Overview

The Civil Aviation Regulations 1988, as amended by F2006L01733, addresses the need for specific operational flexibility for Executive Airlines Pty Ltd in the introduction of the Cessna 680 Sovereign aircraft into their fleet. Enacted under the authority of the Civil Aviation Act 1988, this legislation was introduced to tackle the unique situation where the Civil Aviation Safety Authority (CASA) could not complete its formal assessment of the aircraft due to the lack of trained inspectors for this specific aircraft type. The policy objective, as outlined in the Explanatory Statement, is to ensure that the exemption does not compromise air navigation safety while allowing the operator to commence planned operations. This instrument, exempting the operator from certain formal approval requirements for the Cessna 680, was made by CASA and is subject to disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

This instrument provides a specific exemption under the Civil Aviation Regulations 1988 (CAR 1988) for Executive Airlines Pty Ltd, concerning the Cessna 680 Sovereign aircraft registered as VH-EXG. This exemption pertains solely to this aircraft and its operator, allowing them to deviate from the usual regulatory requirements for training and checking organisations (TCO) and flight check systems that are typically overseen by the Civil Aviation Safety Authority (CASA). The exemption allows the operator to conduct operations without obtaining formal CASA approval for its TCO and flight check system, which is usually mandatory for aircraft with a maximum take-off weight exceeding 5,700 kg. This exemption is necessary because CASA lacks the necessary expertise to formally assess the Cessna 680 due to it being a first of its type in operation. Given that the operator already has an approved TCO for other similar aircraft and has taken measures to ensure the competency of its flight crew, CASA has determined that this exemption will not compromise air navigation safety. The exemption is in effect from the day after the instrument is registered and will remain in place until the end of October 2006, allowing for a review of the aircraft's operations and the instrument's impact on safety.

Key Provisions

The key provisions of the instrument are contained in subregulations 217(3), 232(2), and 232(5) of the Civil Aviation Regulations 1988 (CAR 1988). Under these subregulations, an operator of an aircraft with a maximum take-off weight exceeding 5,700 kg must ensure that their training and checking organisation (TCO) and flight check system are approved by the Civil Aviation Safety Authority (CASA). This instrument exempts Executive Airlines Pty Ltd from these requirements for their Cessna 680 Sovereign aircraft with registration VH-EXG. This exemption is necessary as CASA has been unable to formally approve the TCO and flight check system due to the lack of available expertise to assess the first-of-its-type aircraft. The obligations imposed on Executive Airlines Pty Ltd include the establishment of a TCO and a flight check system, as mandated by subregulations 217(1) and 232(1) of CAR 1988. However, for the Cessna 680, they are exempt from obtaining formal CASA approval of these. They must still ensure that the TCO provides annual competency checks to crew members (subregulation 217(2)), and that the pilot in command ensures procedure checklists are available and the flight check system is carried out in detail (subregulations 232(3) and 232(4)). CASA has determined that these internal measures, combined with the completion of the manufacturer’s simulator course by the Head of Training and Checking and all flight crew members, are sufficient to maintain safety for the duration of the exemption. The instrument exempts the operator from the requirement to obtain formal CASA approval of their TCO and flight check system, as stated in subregulations 217(3) and 232(2) of CAR 1988. Additionally, subregulation 232(5) is also waived, meaning the operator is not prohibited from flying the aircraft if the flight check system has not been approved by CASA. These exemptions are strictly conditional upon the safety measures already in place and the operator’s compliance with internal checks and procedures. Failure to adhere to these conditions could result in CASA revoking the exemption and potentially grounding the aircraft. There are no specific offences, penalties, or consequences outlined in the instrument itself for breach of these provisions. However, any failure to comply with the internal safety measures, or any subsequent action that compromises the safety of air navigation, could lead to further regulatory actions by CASA. These could include fines, suspension of the operator’s certificate, or other enforcement measures as deemed necessary by CASA. The maximum penalties for breaches of aviation safety regulations can vary but may include substantial fines and imprisonment depending on the severity of the breach.