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]
Overview
The Civil Aviation Act 1988 was enacted by the Commonwealth Parliament to regulate civil aviation in Australia, providing a comprehensive framework to ensure safety and efficiency in the industry. The Act empowers the Governor-General to make regulations, such as those found in the Civil Aviation Regulations 1988 (CAR 1988). One such regulation, 43B, mandates the recording of an aircraft’s time-in-service at the end of each day, a requirement that has posed significant challenges for larger airlines due to their existing computerised infrastructures not being programmed to accommodate this data. In response, CASA has issued an exemption under regulation 308 of CAR 1988, allowing operators of Class A aircraft to forgo this daily recording if they maintain a suitable alternative system for tracking time-in-service. This exemption aims to balance operational efficiency with the overarching goal of maintaining the safety of air navigation. The policy objective here is to alleviate unnecessary administrative burdens on airlines without compromising safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1988 (CAR 1988) and further specified through subordinate instruments such as the Civil Aviation Orders (CAOs), provides a framework for regulating civil aviation activities in Australia. Specifically, this piece of legislation pertains to the exemption and determination relating to the recording of certain aircraft information, particularly targeting operators of Class A aircraft. Class A aircraft are defined as those certificated as transport category aircraft or used as regular public transport aircraft, generally operated by larger airlines. The exemption, issued under regulation 308 of CAR 1988 by the Civil Aviation Safety Authority (CASA), relieves these operators from the requirement to record an aircraft's time-in-service daily on the aircraft's maintenance release, as stipulated in regulation 43B of CAR 1988. The exemption is conditional on the operator having a suitable system in place for recording such information, and CASA has determined that this exemption will not compromise the safety of air navigation. Additionally, the instrument includes a determination under paragraph 1.2 of section 100.5 of the CAOs, specifying that certain provisions concerning the recording of information on maintenance releases do not apply to the exempted aircraft. This exemption and determination are in effect until the end of July 2006, replacing a previous instrument that expired at the end of July 2004.
Key Provisions
The Civil Aviation Act 1988 (the Act) authorises the Governor-General to create regulations, and section 98 of the Act specifically empowers the Civil Aviation Safety Authority (CASA) to exempt aircraft or associated persons from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988). Regulation 308 of the CAR 1988 provides the mechanism for such exemptions, which are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. One such regulation, 43B, requires that the time-in-service of an aircraft be recorded on the aircraft’s maintenance release at the end of each day that the aircraft flies. However, the amendment to CAR 1988 in 1992 to include this requirement has posed challenges for larger airlines, whose computer systems are not configured to record this information, necessitating substantial reprogramming to comply.
To address these challenges, CASA has issued an exemption under regulation 7 of CAR 1988. This exemption relieves operators of Class A aircraft from the requirement of regulation 43B. Class A aircraft are those certificated as transport category aircraft or used as regular public transport aircraft, typically operated by larger airlines. The exemption is contingent on the operator having an appropriate system in place for recording an aircraft’s time-in-service. CASA asserts that this exemption will not compromise the safety of air navigation, as the necessary information is already provided through the aircraft’s approved maintenance system.
Furthermore, the instrument includes a determination under paragraph 1.2 of section 100.5 of the Civil Aviation Orders (CAOs). Regulation 5 of CAR 1988 allows CASA to issue directions, instructions, or notifications and to grant permissions, approvals, or authorities, either in the CAOs or in writing. CASA previously issued directions under subregulation 43(2) of CAR 1988, which specified information to be entered on a maintenance release, and these directions are detailed in subsection 6 of section 100.5 of the CAOs. Paragraph 1.2 of this section provides for CASA to determine that certain provisions do not apply to specified Australian aircraft. In this instance, subparagraphs 6.5(d), (e), and (f) of the section, which pertain to the recording of certain information on maintenance releases, are deemed unnecessary for Class A aircraft. Therefore, these subparagraphs are determined not to apply to the exempted aircraft.
CASA maintains that this determination will not negatively impact the safety of air navigation. The exemption replaces a previous instrument that expired at the end of July 2004 and is issued by the Deputy Chief Executive and Chief Operating Officer of CASA, who acts as a delegate of CASA. The exemption remains in effect until the end of July 2006. CASA’s actions are taken with the understanding that these changes do not adversely affect aviation safety, while providing necessary relief to the affected airlines.