Explanatory Statement
Civil Aviation Regulations 1988
Exemption — training and checking organisation, flight check system
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988.
Subregulation 308 (2) of CAR 1988 provides that before making an exemption CASA must take into account any relevant considerations relating to the interests of safety.
Subregulation 308 (3) of CAR 1988 provides that CASA may make an exemption subject to conditions specified in the exemption as being necessary in the interests of safety.
CAR 217 (1)
Subregulation 217 (1) of CAR 1988 requires that the operator of an aircraft with a maximum take‑off weight of more than 5 700 kg must provide a training and checking organisation.
CASA has entered into an agreement with the Federal Aviation Administration of the United States of America. The airworthiness of the aircraft has been established. The nature of the short-term contract work makes it impractical for the AOC holder to establish a training and checking organisation. However, an equivalent level of safety can be provided by ensuring that the operator meets the competency requirements stipulated by the National Aviation authority (NAA) from the aircraft’s state of registry.
The instrument, therefore, exempts Machjet International Pty. Ltd. (the operator) from the requirement to have a training and checking organisation. Conditions on the exemption require that the operator must hold a discrete AOC for the aircraft which may only be operated for aerial surveying purposes. The aircraft may be flown in Australia only by a pilot who meets the NAA from the aircraft’s state of registry check and training proficiency requirements. The operator’s chief pilot must sight, verify and keep copies of the crew’s licences and proficiency check documents.
CAR 232
Subregulation 232 (2) of CAR 1988 provides that a flight check system is subject to prior approval of CASA and CASA may, at any time, require the system to be revised in a manner specified by CASA.
Subregulation 232 (5) of CAR 1988 provides that an aircraft must not be flown unless the flight check system has been approved by CASA and, if CASA has required the system to be revised, the system has been revised in a manner specified by CASA.
CASA considers that the requirement for the flight check system for the aircraft to be approved does not provide a significant enhancement to safety. The aircraft comes into Australia with a flight check system approved by the aircraft’s state of registry.
This exemption, therefore, exempts the operator of the aircraft from the requirement to have the flight check system separately approved.
As a condition on the exemption, the operator will be required to have a flight check system that complies with the aircraft’s state of registry standards.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is a renewal of a previous instrument issued to the operator.
The instrument commences on 31 May 2008 and stops having effect at the end of November 2008.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX26/08]
Overview
The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations under the Civil Aviation Act 1988 for the safety of air navigation. This Act was introduced to address the need for a cohesive regulatory framework to ensure the safe and efficient operation of aircraft in Australia. The regulations were established by the Australian Parliament to maintain and enhance aviation safety, and they are enforced by the Civil Aviation Safety Authority (CASA). The policy objective behind these regulations is to safeguard the public and ensure that aviation activities are conducted in a manner that minimises risk to people and property.
This specific instrument, F2008L01365, issued under the Civil Aviation Act 1988, grants exemptions to Machjet International Pty. Ltd. from certain requirements of the Civil Aviation Regulations 1988. The exemptions were granted considering the impracticality of establishing a training and checking organisation due to the nature of the short-term contract work, while still ensuring an equivalent level of safety. The exemption allows the operator to meet competency requirements stipulated by the National Aviation Authority from the aircraft’s state of registry. Furthermore, the operator is exempted from having to separately approve the flight check system, provided it complies with the standards of the aircraft’s state of registry. This exemption is subject to conditions necessary for safety, and it is a legislative instrument that must be tabled and can be disallowed in Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) establish the requirements for aviation safety in Australia and are supported by subordinate legislation and exemptions as necessary. In particular, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning civil aviation, and subregulation 308 of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with aircraft operations from specified provisions of CAR 1988 if such exemptions are deemed necessary for safety. For example, subregulation 308(1) allows CASA to exempt Machjet International Pty. Ltd., an operator of aircraft with a maximum take-off weight exceeding 5,700 kg, from the requirement to establish a training and checking organisation, provided the operator meets competency requirements from the aircraft's state of registry and other conditions are met, such as ensuring pilots meet specific check and training proficiency requirements. Similarly, subregulation 232(5) of CAR 1988 allows CASA to exempt an aircraft from needing a separate approval for its flight check system if it already complies with the standards of the aircraft's state of registry. These exemptions are subject to conditions and are legislative instruments under the Legislative Instruments Act 2003, requiring tabling and potential disallowance in the Parliament.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) provide various exemptions and requirements for the operation of aircraft in Australia. For example, Subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with the operation of an aircraft from certain regulatory provisions if it is in the interests of safety. Subregulation 308(2) mandates that CASA must consider relevant safety considerations before granting such an exemption, and Subregulation 308(3) allows CASA to impose conditions on the exemption if necessary for safety reasons. In this particular case, subregulation 308(1) of CAR 1988 has been used to exempt Machjet International Pty. Ltd. from the requirement to maintain a training and checking organisation, subject to specific conditions.
Under the conditions of the exemption, the operator must hold a discrete Air Operator Certificate (AOC) for the aircraft, which can only be used for aerial surveying purposes. The aircraft can only be flown in Australia by a pilot who meets the proficiency requirements of the National Aviation Authority (NAA) from the aircraft’s state of registry. Additionally, the operator’s chief pilot must verify and keep copies of the crew’s licences and proficiency check documents. The exemption also addresses the flight check system requirement, as outlined in Subregulation 217(1) and 232(2) of CAR 1988. The operator is exempted from having a separate flight check system approved by CASA, but must ensure the system complies with the standards of the aircraft’s state of registry.
The exemptions granted under subregulation 308(1) of CAR 1988 are subject to the Legislative Instruments Act 2003 (LIA). Subregulation 308(4) of CAR 1988 declares these exemptions to be disallowable instruments under the LIA. This means that the exemptions are subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. However, consultation under section 17 of the LIA was not undertaken in this case as it is a renewal of a previous instrument issued to the operator. The exemption is issued by a delegate of CASA in accordance with subregulation 7(1) of CAR 1988 and has an effective period from 31 May 2008 until the end of November 2008.
Failure to comply with the conditions of the exemption or any other requirement under the Civil Aviation Regulations 1988 may result in civil or criminal consequences. The specific penalties for non-compliance are not outlined in the instrument, but generally, breaches of aviation regulations can result in fines, imprisonment, or both, depending on the severity of the offence. The maximum penalties for certain offences under the Civil Aviation Act 1988 can be significant, reflecting the importance of maintaining high safety standards in the aviation industry.