CASA EX24/09 - Exemption - training and checking organisation, flight check system

Overview

The Civil Aviation Regulations 1988, amended by the instrument F2009L00990, introduce exemptions for a specific training and checking organisation and flight check system for Machjet International Pty Ltd, addressing the practical challenges posed by short-term contract work in maintaining regulatory compliance while ensuring safety. The Civil Aviation Act 1988 empowers the Governor-General to enact regulations for the safety of air navigation, with Section 98 allowing the Civil Aviation Safety Authority (CASA) to exempt certain entities from specified regulatory provisions, subject to safety considerations. The policy objective is to facilitate operations that meet safety standards while accommodating the unique circumstances of the operator. This exemption, as outlined in subregulations 308 and 217 of the Civil Aviation Regulations 1988, allows Machjet International Pty Ltd to operate without establishing a training and checking organisation, provided that it adheres to the competency requirements set by the National Aviation Authority from the aircraft’s state of registry. Similarly, the exemption under subregulation 232 allows the operator to use a flight check system approved by the aircraft’s state of registry, rather than requiring separate CASA approval. These measures aim to balance regulatory requirements with the operational realities of the aviation industry, ensuring safety without undue administrative burden.

Scope and Application

The Civil Aviation Regulations 1988, as amended by F2009L00990, provides an exemption for Machjet International Pty Ltd from certain regulatory requirements under the Civil Aviation Act 1988. The exemption applies specifically to the operator of an aircraft with a maximum take-off weight of more than 5,700 kg that is used for aerial surveying purposes, allowing them to bypass the necessity of establishing a training and checking organisation under CAR 217. Instead, the exemption allows the operator to meet the competency requirements set by the National Aviation Authority of the aircraft’s state of registry, subject to conditions that ensure safety is maintained. The exemption also applies to the flight check system of the aircraft, allowing it to operate under the standards approved by the aircraft’s state of registry rather than requiring separate approval by CASA, in accordance with CAR 232. This exemption is subject to specific conditions, including that the aircraft must be operated by a pilot who meets the proficiency requirements of the aircraft’s state of registry and that the operator's chief pilot must verify and keep copies of the crew's licences and proficiency check documents. The exemption applies nationally within Australia and is in effect until the end of 30 June 2009, serving as an interim measure to facilitate the assessment of the operator’s application for an Air Operator Certificate. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and, as such, is subject to tabling and disallowance in the Parliament. The instrument was issued by a delegate of CASA in accordance with subregulation 7(1) of CAR 1988 and does not require consultation under section 17 of the Legislative Instruments Act 2003 as it is a remake of a previous exemption granted to the operator.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide that the Civil Aviation Safety Authority (CASA) can exempt certain entities from specific regulatory requirements if it ensures that an equivalent level of safety is maintained. In this case, subregulation 308(1) allows CASA to exempt an operator, Machjet International Pty Ltd, from having to establish a training and checking organisation under subregulation 217(1). This exemption is contingent on the operator meeting competency requirements stipulated by the National Aviation Authority (NAA) from the aircraft’s state of registry. Furthermore, subregulation 308(2) stipulates that CASA must consider safety implications before granting any exemption, while subregulation 308(3) allows CASA to impose conditions on the exemption if necessary for safety. The obligations imposed by the exemption include ensuring that the operator holds a discrete Air Operator Certificate (AOC) for the aircraft, which is to be used solely for aerial surveying purposes. The operator must also ensure that only pilots who meet the NAA’s proficiency check and training requirements fly the aircraft in Australia. Additionally, the operator’s chief pilot must verify and keep copies of the crew’s licences and proficiency check documents. These obligations are designed to ensure that the aircraft is operated safely despite the exemption from establishing a training and checking organisation. Failure to comply with the conditions of the exemption may result in legal consequences. The exemption is considered a legislative instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA) and is thus subject to tabling and disallowance in the Parliament. If CASA finds that the operator has not met the conditions of the exemption, it may take action, potentially leading to civil or criminal penalties. While specific penalties are not outlined in the text, non-compliance with aviation regulations generally can lead to fines and other enforcement actions. The exemption also addresses the flight check system requirement under subregulation 232(2) and (5) of CAR 1988, allowing the operator to use a flight check system approved by the aircraft’s state of registry instead of requiring separate approval from CASA. This exemption is conditional on the flight check system meeting the standards set by the aircraft’s state of registry. This condition aims to streamline the operational process while maintaining safety standards. This exemption is an interim measure, effective until the end of 30 June 2009, and was made by a delegate of CASA in accordance with subregulation 7(1) of CAR 1988. The instrument is subject to parliamentary oversight under the LIA, although consultation under section 17 of the LIA was not undertaken due to the interim nature of the exemption. This approach allows CASA to complete its assessment of the operator’s application for an AOC while ensuring safety standards are upheld through specified conditions.