CASA EX32/07 - Exemption - display of markings on Boeing Stearman bi-plane

Overview

The Civil Aviation Safety Regulations 1998, amended by the legislative instrument F2007L02179, introduces an exemption for the display of markings on a specific Boeing Stearman bi-plane, registered as VH-ZYZ. This exemption was enacted to address the operator’s concern that adhering to the standard regulation for marking height, which requires a minimum of 300 millimetres, would compromise the aircraft's authentic World War II appearance. The Civil Aviation Act 1988 provides the legislative framework for such exemptions, allowing the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions of the Civil Aviation Safety Regulations 1998, provided that such exemptions do not compromise air navigation safety. The exemption permits the aircraft operator to display markings with a minimum height of 50 millimetres, maintaining the historical authenticity of the aircraft while ensuring safety standards are upheld. The exemption is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, although consultation was not undertaken due to the minor nature of the instrument.

Scope and Application

The Civil Aviation Regulations 1988, specifically under Section 98 of the Civil Aviation Act 1988, empower the Governor-General to make regulations concerning civil aviation safety, and subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) allows the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions of the CASR 1998 to a person or a class of person. This regulatory framework is designed to ensure that safety standards are upheld while providing flexibility where necessary. Subregulation 11.205(1) of the CASR 1998 permits CASA to impose any necessary conditions on an exemption in the interests of air navigation safety. Regulation 45.065 of the CASR 1998 stipulates the minimum height for aircraft markings, which includes nationality and registration marks, and applies to the Boeing Stearman bi-plane VH-ZYZ, requiring a minimum height of 300 millimetres. However, an exemption has been granted to allow the operator to display these markings at a minimum height of 50 millimetres, preserving the aircraft’s authentic appearance while ensuring it does not compromise safety. This exemption is effective until the end of June 30, 2009, or the day the aircraft’s colour scheme is altered, whichever comes first. Under the Legislative Instruments Act 2003, the exemption is considered a disallowable instrument and is subject to tabling and disallowance in the Parliament.

Key Provisions

The Civil Aviation Regulations 1988, specifically under regulation 45.065, establish the minimum height requirements for aircraft markings, which include nationality and registration marks. According to subregulation 45.065(3)(b)(ii), the minimum height for markings on the side of the Boeing Stearman bi-plane VH-ZYZ is set at 300 millimetres. However, section 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) empowers the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions of the CASR 1998. In this case, CASA has granted an exemption to the operator of the Boeing Stearman bi-plane, allowing them to display the markings on both sides of the fuselage with a minimum height of not less than 50 millimetres instead of the mandated 300 millimetres. This exemption recognises the operator's concern about preserving the authentic appearance of the World War II training aircraft, which is further enhanced by the specific colour scheme painted on the aircraft. The obligations imposed by this Act on the parties involved are primarily centred around safety and compliance with aviation regulations. CASA has the responsibility to ensure that any exemptions granted do not compromise the safety of air navigation, as stipulated in subregulation 11.205(1) of CASR 1998. The operator of the Boeing Stearman bi-plane must adhere to the conditions imposed by CASA, which include maintaining the specified minimum height of 50 millimetres for the markings. Furthermore, the exemption is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 (LIA), as declared in regulation 11.215 of CASR 1998. This regulatory framework ensures that any exemptions are carefully considered and monitored to uphold the safety standards in civil aviation. For any breaches of the conditions set forth in this exemption, the consequences can be severe. While the explanatory statement does not explicitly detail the penalties for non-compliance, violations of aviation safety regulations generally carry significant civil and criminal penalties. Under CASR 1998 and the Civil Aviation Act 1988, failure to comply with safety regulations can result in fines, imprisonment, or both, depending on the severity of the breach. For instance, offences related to air navigation safety can lead to fines of up to $216,000 for individuals and $1,080,000 for corporations, as well as imprisonment for up to five years. These penalties underscore the importance of adhering to the regulatory requirements set forth by CASA to maintain the safety and integrity of civil aviation operations.