CASA EX25/05 - Exemption - Display of markings

Overview

The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, ensuring safety and efficiency in the sector. The Act empowers the Governor General to make regulations, which are administered by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 (CASR 1998) outline various safety standards, including those for aircraft markings. A specific exemption was introduced under Section 98 of the Civil Aviation Act 1988 to address the issue of maintaining the authentic appearance of historically significant aircraft, such as the New Zealand Aerospace Industries CT/4A aeroplane, serial number 68, VH-CTV, which was formerly a military trainer with the Royal Australian Air Force (RAAF). The exemption allows for a reduction in the minimum height of the aircraft's markings to preserve its original livery, subject to safety considerations. The exemption is a disallowable instrument under the Legislative Instruments Act 2003 and is subject to disallowance by Parliament, although no consultation was deemed necessary as it does not substantially alter existing arrangements.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998), made under the authority of the Civil Aviation Act 1988, applies to a broad range of aviation activities and entities within Australia, including aircraft operators, air navigation service providers, and aerodrome operators. Regulation 45.065 of CASR 1998 mandates the minimum height for aircraft markings such as the nationality and registration marks, which is typically set at 300 millimetres for markings on the sides of the fuselage. However, an exemption has been granted for the New Zealand Aerospace Industries CT/4A aeroplane, serial number 68, registered as VH-CTV, allowing the operator to display these markings at a reduced height of 50 millimetres. This exemption is specific to this aircraft, which has been converted from a military trainer to civilian standards, and is intended to preserve the aircraft's authentic appearance and historically accurate RAAF livery. The exemption is subject to disallowance by Parliament and is effective until the end of July 2007. The Civil Aviation Safety Authority (CASA) determined that this exemption would not compromise air navigation safety. The issuance of this exemption was made under the authority of CASA and is subject to the legislative instruments processes outlined in the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) allow for exemptions from certain regulatory requirements through specific legislative provisions. Regulation 11.160 of CASR 1998 empowers the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions in the regulations. Regulation 45.065 specifies the minimum height for aircraft markings, including the nationality and registration marks, which is 300 millimetres for the sides of the fuselage of the New Zealand Aerospace Industries CT/4A aeroplane, serial number 68, VH-CTV. However, in this case, regulation 11.160 allows an exemption for this requirement based on specific circumstances, such as the preservation of the aircraft's historical appearance. The operator of the New Zealand Aerospace Industries CT/4A aeroplane, serial number 68, VH-CTV, has requested and been granted an exemption from the requirement to display the markings at the specified minimum height. This exemption allows the operator to display the markings at a height of 50 millimetres instead of the required 300 millimetres. This exemption is necessary to maintain the authentic appearance of the aircraft in its original and historically accurate RAAF livery, as outlined in the document DCOORD-AF 2005 – 027, titled Image Agreement for Use Form. The exemption is granted under the authority of the Civil Aviation Act 1988 and is effective until the end of July 2007. The granting of this exemption imposes certain obligations on the operator. The operator must ensure that the markings are displayed at the reduced height of 50 millimetres as permitted by the exemption. The operator must also ensure that this exemption does not compromise the safety of air navigation. CASA has determined that the exemption will not have a detrimental effect on the safety of air navigation, thereby justifying the exemption. Furthermore, the operator must comply with all other relevant aviation regulations and standards to ensure the safe operation of the aircraft. There are potential consequences for non-compliance with the terms of the exemption or any other aviation regulations. The exemption is declared to be a disallowable instrument under regulation 11.215 of CASR 1998 and is subject to disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. Failure to comply with the terms of the exemption could result in penalties under the Civil Aviation Act 1988 or other relevant legislation. The specific penalties for non-compliance are not detailed in the explanatory statement, but they could include fines or other sanctions.