EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
EXEMPTION — DISPLAY OF MARKINGS
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor General to make Regulations.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may by instrument grant an exemption under this Division from compliance with a provision in CASR 1998.
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), the minimum height that would be applicable to the markings on other parts of the aircraft (sides of fuselage) New Zealand Aerospace Industries CT/4A aeroplane, serial number 68, VH‑CTV is 300 millimetres.
The New Zealand Aerospace Industries CT/4A 68, is an ex-Royal Australian Air Force (RAAF) military trainer that has been brought to civilian aviation standards as required by Civil Aviation Safety Authority Type Acceptance Certificate Number A39 Issue 3.
The operator considers that having the markings displayed in accordance with regulation 45.065 would compromise the authentic appearance of the aircraft, which the operator wishes to preserve, in displaying the aircraft in its original and historically accurate RAAF livery.
The RAAF agreement for display of official RAAF livery is detailed in the document, DCOORD-AF 2005 – 027, titled Image Agreement for Use Form.
The exemption allows the operator to display the markings on both sides of the fuselage with a minimum height of 50 millimetres.
The exemption will stop having effect at the end of July 2007.
CASA does not consider that the exemption will have a detrimental effect on the safety of air navigation.
Because the exemption affects the operation of paragraph 45.065 of CASR 1998, it is declared to be a disallowable instrument under regulation 11.215 of CASR 1998. 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.
As a legislative instrument, 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 because it is of a minor or machinery nature and does not substantially alter existing arrangements.
The exemption has been issued by the Deputy Director and Chief Operating Officer, a delegate of CASA, appointed under regulation 7 of CAR 1988.
The exemption commences on the day after it is registered on the Federal Register of Legislative Instruments and stops having effect at the end of July 2007.
[Instrument number CASA EX25/05]