EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION AND DETERMINATION RELATING TO
RECORDING CERTAIN AIRCRAFT INFORMATION
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with specified provisions of CAR 1988. Such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Regulation 43B of the CAR 1988 requires that an aircraft’s time-in-service must be recorded on the aircraft’s maintenance release at the end of each day that the aircraft flies. This regulation was inserted in CAR 1988 in 1992. The larger airlines were exempt from the requirement prior to the amendment of CAR 1988. Since the amendment, the requirement has presented many airlines (who, in the main, have a highly complex computerised infrastructure to control and manage the maintenance of their aircraft) with considerable problems as their computer programs are not programmed for this information and the programs would need to be substantially re-written to enable compliance with regulation 43B. In these circumstances, CASA considers that the requirement for daily recording of time-in-service for each aircraft operated by these airlines is neither necessary nor appropriate, particularly as this information is provided in an alternative form through the aircraft’s approved system of maintenance.
The instrument exempts the operators of Class A aircraft from compliance with regulation 43B of CAR 1988. Class A aircraft are aircraft certificated as transport category aircraft or used as regular public transport aircraft, and as such they are usually aircraft operated by the larger airlines. The exemption is subject to the operator of the aircraft having a suitable system in place for recording an aircraft’s time-in-service.
CASA does not consider that the exemption will have a detrimental effect on the safety of air navigation.
The instrument also includes a determination under paragraph 1.2 of section 100.5 of the Civil Aviation Orders (CAOs).
Under regulation 5 of CAR 1988, if CASA is empowered or required to issue any direction, instruction or notification or to give any permission, approval or authority, CASA may, subject to any contrary intention, issue the direction or notification or give the permission, approval or authority in CAOs or otherwise in writing.
CASA has previously issued directions under subregulation 43 (2) of CAR 1988 specifying information to be entered on a maintenance release. These directions are set out in subsection 6 of section 100.5 of the CAOs. Paragraph 1.2 of the section provides, among other things, for CASA to make a determination that a provision of the section does not apply to an Australian aircraft specified in the determination. In subparagraphs 6.5 (d), (e) and (f) of the section, provision is made for the recording of certain information on maintenance releases which is considered to be unnecessary in the case of Class A aircraft.
The instrument determines subparagraphs 6.5 (d), (e) and (f) of the section do not apply to the aircraft that have been exempted above.
CASA does not consider that the determination will have a detrimental effect on the safety of air navigation.
This instrument replaces the previous instrument that expired at the end of July 2004.
The exemption has been issued by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, under regulation 7 of CAR 1988.
The instrument stops having effect at the end of July 2006.
[Exemption number: CASA EX29/2004]