CASA EX38/07 - Amendment of instrument CASA EX35/07

Overview

The Civil Aviation Regulations 1988 (CAR 1988), enacted by the Australian Government, provide a comprehensive framework for the regulation of civil aviation within Australia, aimed at ensuring safety and efficiency in air navigation. The Civil Aviation (Automatic Dependent Surveillance-Broadcast (ADS-B) Exemption) Notice 2007 (F2007L02386) is an amendment made to the existing regulations to address a specific gap in the approved equipment configurations for ADS-B transmitting equipment. This amendment was introduced to allow the Royal Flying Doctor Service of Australia (Western Operations) to conduct flight tests with ADS-B capable transponders using a GPS data source not yet included in the approved list, under certain conditions and with CASA’s oversight to ensure no safety concerns are raised. The policy objective is to facilitate the safe integration of new technologies in aviation while maintaining stringent safety standards. The amendment is issued by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988 and is subject to disallowance by the Parliament as a legislative instrument under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, as amended, apply to any person, aircraft, or operation within the Commonwealth of Australia and regulate the use of Australian aircraft in various classes of operation. Specifically, the Civil Aviation (ADS-B Equipment) Exemption (No. 2) Instrument 2007 targets the use of ADS-B transmitting equipment on aircraft, mandating compliance with approved equipment configurations or deactivating non-compliant equipment before flight. This exemption allows the Royal Flying Doctor Service of Australia (Western Operations) to conduct flight tests with specific ADS-B equipment, which, while approved for ADS-B, has a GPS data source not yet listed in Advisory Circular AC 21-45. The exemption, issued by a delegate of the Civil Aviation Safety Authority (CASA), permits the use of Pilatus PC-12 aircraft with registration marks VH-MWO and VH-VMO within the range of Airservices Australia’s ADS-B ground stations, provided CASA staff confirm the transmission meets their requirements. The exemption is subject to disallowance under the Legislative Instruments Act 2003 and runs from 27 July 2007 until 22 September 2007.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) mandate that no person may operate an Australian aircraft in any class of operation unless it is equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) (section 98). Specifically, under subregulation 207(2), a person must not use an Australian aircraft in any class of operation unless it is equipped with the instruments and equipment approved and directed by CASA. If CASA approves or directs that an instrument or item of equipment be fitted or carried on an aircraft, the person must comply with CASA's directions (subregulation 207(3)). Furthermore, CASA has the authority to exempt certain aircraft or persons associated with the operation of an aircraft from specified provisions of CAR 1988 under subregulation 308(1). Civil Aviation Order 20.18 (CAO 20.18) outlines the approval and direction for aircraft instruments and equipment to meet basic operational requirements, including the mandatory compliance of ADS-B transmitting equipment with an approved equipment configuration set out in Appendix XI or as approved in writing by CASA (paragraph 9B.2). ADS-B transmitting equipment that does not comply must be deactivated before flight in Australia (paragraph 9B.3). Additionally, ADS-B transmitting equipment must transmit particular flight identification particulars (paragraph 9B.4). The obligations imposed by the regulations include ensuring that all Australian aircraft used in any class of operation are equipped with instruments and equipment approved and directed by CASA. The operators must adhere to CASA's directions regarding the fitting, carrying, or use of such instruments and equipment. They must also ensure that any ADS-B transmitting equipment meets the specified standards and transmits the required flight identification particulars. The exemption issued by CASA allows the Royal Flying Doctor Service of Australia (Western Operations) to conduct flight tests with the donated ADS-B capable Honeywell KT73 transponders, provided the equipment meets the requirements outlined in the Civil Aviation Orders and the transmission satisfies CASA's requirements. Breaches of the regulations may result in civil or criminal consequences. Under the Civil Aviation Act 1988, non-compliance with the regulations may lead to enforcement actions, including fines and other penalties. The maximum penalties for contraventions of the regulations are not explicitly stated in the provided text, but they can include significant financial penalties and, in severe cases, imprisonment. Additionally, CASA can take enforcement actions such as grounding non-compliant aircraft or suspending the air operator’s certificate of the offending party. In summary, the regulations require Australian aircraft to be equipped with approved instruments and equipment, mandate compliance with CASA's directions, and set standards for ADS-B transmitting equipment. The obligations include ensuring adherence to these standards and configurations, while breaches may lead to substantial penalties and enforcement actions by CASA. The exemption granted for the flight tests is subject to CASA's conditions and does not compromise safety standards.