Explanatory Statement
Civil Aviation Safety Regulations 1998
Amendment of Exemptions — compliance with SIDs in maintenance of Cessna aircraft
Purpose
CASA EX26/14 (the Principal Instrument), made in March 2014, exempted persons carrying out particular maintenance on types/models of Cessna aeroplane from certain maintenance-related provisions of the Civil Aviation Regulations 1988, subject to differing expiry dates for the continuing effect of the exemption in respect of each type/model of the aeroplane.
CASA EX220/15 (the amendment instrument) amends CASA EX26/14 to extend until 31 March 2016, the life of the exemptions conferred by the Principal Instrument.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the Regulations, including CAR 1988 or a provision of the Civil Aviation Orders (the CAOs), 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.
CASA EX26/14
CASA EX26/14 provided exemptions for Cessna aircraft from various provisions of CAR 1988 that required compliance with the manufacturer’s maintenance schedule (regulation 42A), compliance with the CASA maintenance schedule (regulation 42B), or compliance with an approved system of maintenance (regulation 42C). The exemptions applied to persons maintaining Cessna aircraft, and other persons with responsibility for ensuring the proper maintenance of Cessna aircraft, in relation to compliance with supplemental inspection documents (SIDs).
While the separate maintenance schedules vary in their application to aircraft and in their description of maintenance requirements, CASA considered that under each schedule, an obligation to comply with SIDs existed, though created or expressed in different ways.
While recognising that a general obligation existed, CASA decided that, operators’ maintenance organisations and the other persons described in the exemption should be allowed a suitable time frame within which to arrange for compliance with the SIDs’ requirements. The applicable time frame for compliance varied according to the type or model of the aircraft and the type of operation in which it was engaged.
The exemption was issued for that purpose.
The exemption was subject to exceptions. It did not apply where a SID, or part of a SID, had been incorporated into a maintenance manual approved by the Federal Aviation Administration of the United States of America or in respect of Cessna 441 Conquest/Conquest II aircraft that had the Aeronautical Engineers Life Extension Program incorporated in accordance with CASA Supplemental Type Certificate SVA 528. These aircraft have to be maintained in accordance with the applicable maintenance manual.
Subsequently, CASA EX114/15 amended CASA EX26/14 to extend until 31 July 2015 the life of the exemptions in relation to Cessna 200 aeroplanes conducting aerial work, or charter, operations.
Amendment instrument
The amendment instrument amends the Principal Instrument to extend the effect of the exemptions conferred by the Principal Instrument in relation to Cessna 200 aircraft engaged in private operations and Cessna 100 aircraft engaged in aerial work and charter operations by 3 months until 31 March 2016. Without this extension, the exemption would cease to have effect in relation to these particular aeroplanes engaged in these kinds of operations at the end of December 2015.
Under the Principal Instrument, the exemption continues to apply, until 30 June 2016 to Cessna 100 aircraft engaged in private operations.
Some 67 Cessna 100 and 200 aircraft are due to undergo Cessna SIDs inspections in the period prior to 31 December 2015 based on the current expiry dates specified in the Principal Instrument (as amended). Many of these aircraft are located in regional areas where access to the Non-destructive Testing personnel required to conduct the SIDs inspection is hard to arrange. Furthermore, many maintenance organisations approved to conduct such inspections stand down over the Christmas period. As a result, it is likely that a significant number of these aircraft will not be able to have the inspections completed by 31 December 2015 with the effect that those aircraft are unable to be operated until the inspections can be completed.
To avoid this disruption while still adequately balancing the requirements of safety, CASA has determined that an extension of 3 months should be granted to allow these inspections to take place. This extension acknowledges the practical and logistical difficulties referred to above, while remaining short enough that aviation safety risks will not be significantly increased during that period.
Legislative Instruments Act 2003 (the LIA)
Subsection 98 (5AA) of the Act states that an instrument issued under regulations made for paragraph 98 (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. The exemption is made under regulation 11.160 which was made for section 98 (5A) of the Act and the exemption applies to a class of aircraft and classes of persons. It is, accordingly, a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Because its effects are entirely beneficial for relevant operators, formal consultation under section 17 of the LIA has not been undertaken in relation to this particular instrument. It provides a beneficial amendment to the Principal Instrument which deals with a long-standing issue that affects the operators of Cessna aircraft. The Principal Instrument was intended to allow the operators a reasonable time frame within which to comply with the SIDs issued by the manufacturers of the relevant aircraft and recognised difficulties that operators may face in doing so. The amendment instrument has a similar purpose for particular aeroplane types/models engaged in particular operations by providing a further extension of time of 3 months.
CASA considers that consultation under section 17 is not necessary. The amendment instrument does not create any new obligations but beneficially modifies existing requirements through the short extension of time.
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 exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Making and commencement
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
The exemption commences on 31 December 2015. The amendment instrument as such expires at the end of 31 December 2015. It has the effect of amending the Principal Instrument to extend certain of the exemptions granted under the instrument until 31 March 2016. In relation to particular Cessna aeroplane types/models, the exemption will cease to have effect in accordance with Schedule 1.
[Instrument number CASA EX220/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Amendment of Exemptions — compliance with SIDs in maintenance of Cessna aircraft
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
The legislative instrument extends by 1 month the time of operation of an aspect of the Principal Instrument which was itself intended to allow persons carrying out maintenance on Cessna aircraft, or other persons with responsibility for ensuring the proper maintenance of Cessna aircraft, a reasonable period of time within which to comply with supplemental inspection documents (SIDs).
The exemption does not create any new obligations or liabilities but clarifies an existing requirement to comply with SIDs and extends the time within which to do so in a particular case.
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