CASA EX36/07 - Exemption - Display of markings

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to regulate and ensure the safety of civil aviation in Australia. The 1998 Regulations were introduced to address the need for comprehensive safety standards in the civil aviation sector, thereby filling a gap left by previous regulations that were either outdated or insufficiently detailed. The Civil Aviation Safety Regulations 1998 are made under the authority of the Civil Aviation Act 1988, and their overarching policy objective is to safeguard the public by ensuring that civil aviation activities are conducted safely. One specific exemption under these regulations, documented in F2007L02322, pertains to the display of markings on a particular aircraft, the New Zealand Aerospace Industries CT/4A aeroplane, serial number 68, registered as VH-CTV. This exemption allows for a deviation from the standard marking height requirement to preserve the aircraft's authentic appearance, aligning with its historical RAAF livery, while ensuring that the exemption does not compromise air navigation safety.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework for ensuring aviation safety across Australia, and under the authority granted by Section 98 of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the power to issue exemptions from certain regulatory requirements. Regulation 11.160 of the CASR 1998 specifically allows CASA to grant exemptions from compliance with provisions in the regulations, subject to certain conditions. In this instance, the exemption pertains to the minimum height requirement for aircraft markings on the New Zealand Aerospace Industries CT/4A aeroplane, serial number 68, registered as VH-CTV. The exemption allows the operator to display markings on the sides of the fuselage at a minimum height of 50 millimetres, as opposed to the 300 millimetres required by regulation 45.065. This exemption has been granted to preserve the aircraft's authentic appearance, specifically its original RAAF livery, as detailed in the document DCOORD-AF 2005 – 027, Image Agreement for Use Form. CASA has determined that this exemption does not compromise the safety of air navigation. The exemption, issued as a disallowable instrument under regulation 11.215 of CASR 1998 and as a legislative instrument under the Legislative Instruments Act 2003, is subject to parliamentary disallowance and was issued by a delegate of CASA. The exemption is effective from the day after its registration and will cease to have effect by the end of July 2009.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain specific provisions regarding the display of aircraft markings, including their minimum height. Regulation 45.065, for example, mandates that the minimum height of characters in aircraft markings should be 300 millimetres, particularly for the nationality and registration marks on the sides of the fuselage. However, under regulation 11.160, the Civil Aviation Safety Authority (CASA) can grant exemptions from certain provisions in the CASR 1998. This exemption mechanism allows the operator of a specific aircraft, the New Zealand Aerospace Industries CT/4A aeroplane with serial number 68 and registration VH-CTV, to deviate from the standard requirement of 300 millimetres for the height of markings on its fuselage. The primary operative sections in this context are sections 98 of the Civil Aviation Act 1988 and 11.160 of the CASR 1998, which together empower CASA to issue exemptions from specific regulations. In this instance, CASA has granted an exemption under Division 11.F.1 for the aircraft markings on the CT/4A aeroplane to be displayed at a height of 50 millimetres instead of the mandated 300 millimetres. This exemption was made considering the operator’s desire to maintain the aircraft’s authentic appearance in its original RAAF livery, which is historically significant. CASA has determined that this exemption will not adversely affect the safety of air navigation. The obligations imposed by the Act on the parties governed by this legislation include the requirement to comply with the specified regulations unless an exemption is granted. The operator of the CT/4A aeroplane, in this case, must ensure that the exemption conditions are met, specifically that the aircraft markings are displayed at the reduced height of 50 millimetres. The operator must also ensure that the exemption does not compromise the safety standards of the aircraft and that it adheres to all other applicable regulations unless otherwise exempted. Additionally, the exemption is subject to parliamentary disallowance under the Legislative Instruments Act 2003 (LIA), meaning that it can be reviewed and potentially disallowed by the Parliament. Failure to comply with the terms of the exemption or any other provision of the CASR 1998 can result in civil or criminal penalties. Although specific penalties are not detailed in the provided text, general penalties under aviation regulations can include fines and other sanctions. The exemption itself is subject to disallowance in Parliament, and non-compliance with parliamentary disallowance procedures could also result in legal consequences. The exemption is also declared to be a disallowable instrument under regulation 11.215 of CASR 1998, and as such, it must be tabled and may be subject to disallowance by Parliament under sections 38 and 42 of the LIA.