CASA EX37/08 – Exemption – flight data recording

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, govern the operational safety and compliance of aircraft within Australian airspace. To address specific operational challenges, the Civil Aviation (Flight Data Recording) Exemption Instrument 2008 (F2008L02163) was introduced. This exemption specifically targets the Raytheon B300 aircraft operated by the State of Queensland, allowing it to operate without a flight data recorder (FDR) that meets all requirements of Appendix 1 of Civil Aviation Order 103.19 and paragraph 6.2 of Civil Aviation Order 20.18. The exemption aims to provide the operator additional time to rectify the FDR issue without compromising safety, as determined by the Civil Aviation Safety Authority (CASA). This exemption is subject to disallowance under the Legislative Instruments Act 2003 and is not open to parliamentary disallowance due to its renewal of a previous instrument in identical terms.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) set forth the regulatory framework governing aviation safety and operations in Australia. Specifically, the regulations require Australian aircraft to be equipped with instruments and emergency equipment approved by the Civil Aviation Safety Authority (CASA) to ensure safety in various classes of operations. This requirement is enforced through Civil Aviation Orders (CAOs) such as CAO 20.18, which mandates the installation of flight data recorders (FDRs) on certain types of aircraft. However, in the case of the Raytheon B300 aircraft operated by the State of Queensland, which does not meet the FDR requirements specified in Appendix 1 of CAO 103.19 and paragraph 6.2 of CAO 20.18, an exemption has been granted. This exemption, which is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, provides the operator with additional time to resolve the issue without compromising safety. The exemption applies solely to this operator for a limited period, from 1 July 2008 to 24 December 2008, and is made by a delegate of CASA under the CAR 1988.

Key Provisions

The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to create regulations governing civil aviation in Australia. Subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988) requires that Australian aircraft must be fitted with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) to be used in any class of operations. Further, subregulation 5(1) of CAR 1988 allows CASA to issue directions or approvals through Civil Aviation Orders, and subregulation 21A(1) permits CASA to issue design standards for aircraft components where no appropriate design standard exists. These regulations are supplemented by specific orders, such as Civil Aviation Order 103.19 (CAO 103.19), which details the requirements for flight data recorders (FDRs), and Civil Aviation Order 20.18 (CAO 20.18), which specifies the instruments and equipment needed for certain types of aircraft operations, including the installation of FDRs on certain aircraft types. The obligations imposed by these regulations on the parties they govern include ensuring that aircraft meet all specified requirements for instruments and equipment, including FDRs. For example, the Raytheon B300 aircraft operated by the State of Queensland, through its Government Air Wing, must adhere to these regulations. In this case, the operator has identified that the FDR on the aircraft does not meet all the requirements outlined in Appendix 1 of CAO 103.19 and paragraph 6.2 of CAO 20.18. To address this issue, the exemption instrument grants the operator additional time to resolve the non-compliance of the FDR without compromising safety, as CASA has determined that the aircraft can operate safely with the existing FDR. There are consequences for non-compliance with these regulations. Subregulation 308(4) of CAR 1988 declares that the exemption is a disallowable instrument under the Legislative Instruments Act 2003 (LIA). This means that the exemption is subject to tabling and disallowance in Parliament, as outlined in sections 38 and 42 of the LIA. Despite the exemption, the operator remains obligated to ensure that the FDR meets regulatory standards by the end of the exemption period. Failure to comply could result in regulatory action against the operator for non-compliance with civil aviation regulations. While the exemption provides the operator with additional time to address the FDR issue, it is important to note that consultation under section 17 of the LIA was not undertaken for this exemption. The exemption renews a previous instrument that expired on 30 June 2008, with the same terms and conditions, and it is specifically tailored to the operator and the Raytheon B300 aircraft for a limited period ending on 24 December 2008. This exemption was issued by a delegate of CASA under subregulation 7(1) of CAR 1988, and the instrument number is CASA EX37/08.