CASA EX39/11 – Exemption – from compliance with Foreign State of Design Airworthiness Directive

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide for the safety of air navigation in Australia, and require compliance with Airworthiness Directives (AWDs) that are issued by various national authorities. The Civil Aviation Safety Regulations 1998 Exemption — from compliance with Foreign State of Design Airworthiness Directive, issued in 2011, was introduced to address the problem of AWDs issued by other countries that CASA does not agree with, such as the removal of emergency oxygen generators from aircraft. The exemption was made by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988, and the policy objective is to preserve an acceptable level of safety. The exemption allows Australian registered Bombardier Inc. aircraft to operate without removing the emergency oxygen generators, and it is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) governs the operation and maintenance of aircraft in Australia, and the Civil Aviation Safety Authority (CASA) has the authority to issue Airworthiness Directives to ensure compliance with safety standards. Under the Civil Aviation Act 1988, the Governor-General has the power to make regulations for the Act and the safety of air navigation, and CASA can grant exemptions from CASR 1998 if it is necessary in the interests of the safety of air navigation. This exemption instrument applies to the pilot in command and the operator of an Australian registered Bombardier Inc. aircraft to which the Canadian airworthiness directive (AD) applies, which requires the removal of emergency oxygen generators from aircraft toilets. CASA does not agree with the actions taken by other national airworthiness authorities and has decided to grant an exemption from compliance with the AD for Australian registered Bombardier Inc. aircraft. The exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption removes a requirement to comply with an Airworthiness Directive that decreases the level of aviation safety. The exemption instrument commences on the day after it is registered and ceases to have effect 2 years after commencement or on the revocation of the AD, whichever is the earlier.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) detail the operational standards that aircraft must adhere to in Australia. Regulation 39.003 explicitly mandates that no person must operate an Australian registered aircraft in violation of the requirements of an Airworthiness Directive (AD). This is a pivotal provision ensuring that aircraft remain airworthy and safe to operate. Furthermore, under subregulation 11.160(1), the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions from the compliance with any provision of the CASR 1998. Such exemptions may be issued on CASA's own initiative under subregulation 11.160(3), provided that the paramount consideration in making such a decision is the preservation of an acceptable level of safety. Subregulation 11.205(1) further allows CASA to impose conditions on any exemption granted, which must be strictly adhered to. Failure to comply with these conditions constitutes an offence under regulation 11.210. The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by them, particularly the pilot in command and the operator of Australian registered aircraft, are stringent and clear. They must ensure that their aircraft comply with all Airworthiness Directives unless an exemption has been granted by CASA. For the Bombardier Inc. aircraft covered by this exemption, the operator and pilot in command must still adhere to all other safety regulations but are exempt from the specific requirement to remove or discharge emergency oxygen generators in the aircraft toilets. The obligation to maintain a high level of safety remains, but with this specific exemption applied. CASA's decision to grant this exemption reflects its role in balancing safety considerations with operational realities. The consequences for breaches of the Civil Aviation Safety Regulations 1998 are significant. Regulation 11.210 establishes that failing to comply with a condition of an exemption is an offence. Such non-compliance could lead to severe penalties, although the exact nature and severity of these penalties are not detailed in the provided text. However, the broader legislative framework, including the Civil Aviation Act 1988, likely imposes both civil and criminal penalties for breaches of aviation safety regulations. Given the critical nature of air safety, penalties for non-compliance could include substantial fines and potential imprisonment. The severity of these consequences underscores the importance of adhering to the regulations and any exemptions granted by CASA.