Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — display of markings
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make Regulations.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of CASR 1998.
Regulation 45.065 of CASR 1998 sets out the minimum height of the characters in a set of aircraft markings. Markings comprise the nationality and registration marks of an aircraft. Regulation 45.070 sets out the minimum width of characters in a set of aircraft markings. Regulation 45.085 sets out how markings are to be marked on aircraft. It requires that the markings are legible, have no ornamentation and must be of a colour that clearly contrasts with their background.
The Diamond DA 42 aircraft have a new generation composite-based airframe. The tapered and narrow section of the fuselage does not easily facilitate large registration markings. The area available for displaying the mark restricts the proportion between height and width. Furthermore, the manufacturer has restrictions on colours of paint and location of markings. In view of the restrictions imposed by the design of the aircraft, the Diamond DA 42 aircraft are exempt from the requirements of regulations 45.065 and 45.070 and paragraph 45.085 (2) (c) of CASR 1998. CASA does not consider that the exemption will have a detrimental effect on the safety of air navigation.
Legislative Instruments Act
Because the exemption is from particular requirements of CASR 1998, it is declared to be a disallowable instrument under regulation 11.215 of CASR 1998. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case because it is of a minor or machinery nature and does not substantially alter existing arrangements. The instrument renews CASA EX81/08 which ceased to have effect at the end of 31 December 2010.
The exemption commences on the day after registration. It stops having effect at the end of 28 February 2013.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX40/11]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of civil aviation in Australia, and they were enacted to address the need for comprehensive regulation of aircraft operations and safety standards. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, including those that permit exemptions from specific provisions of the CASR 1998. The regulatory body responsible for issuing such exemptions is the Civil Aviation Safety Authority (CASA). The policy objective underpinning this regulatory approach is to ensure that safety standards are met while also accommodating practical constraints and technological advancements in aircraft design. In this context, an exemption has been issued for the display of markings on Diamond DA 42 aircraft, recognising the structural limitations of the aircraft’s design which restrict the feasible size and placement of such markings. CASA has determined that these exemptions do not compromise the safety of air navigation, thus balancing regulatory compliance with operational realities.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain regulations. In this case, Diamond DA 42 aircraft are exempt from specific requirements concerning the size and legibility of aircraft markings due to design limitations of the aircraft's composite-based airframe. The exemption applies to the height and width of the characters in the aircraft markings, as well as the colour contrast requirements, as detailed in regulations 45.065, 45.070, and paragraph 45.085(2)(c) of the CASR 1998. CASA has determined that these exemptions will not adversely affect the safety of air navigation. This exemption is considered a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The exemption was issued by the Director of Aviation Safety on behalf of CASA and is effective from the day after registration, expiring at the end of 28 February 2013.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions. Specifically, section 98 of the Act authorises the Governor-General to make regulations, and regulation 11.160 of the CASR 1998 allows CASA to exempt compliance with specific provisions of the CASR 1998. Regulation 45.065 specifies the minimum height for characters in aircraft markings, while regulation 45.070 sets the minimum width, and regulation 45.085 mandates that markings be legible, unadorned, and contrast sharply with their background.
In the case of the Diamond DA 42 aircraft, regulation 11.160 provides an exemption from the requirements of regulations 45.065 and 45.070, as well as paragraph 45.085(2)(c) of the CASR 1998. This exemption is due to the aircraft's composite-based airframe design, which has a tapered and narrow section of the fuselage, making it difficult to accommodate large registration markings. The narrow space available for the markings restricts the proportion between height and width, and the manufacturer has specific restrictions on paint colours and marking locations. CASA has determined that despite these exemptions, the safety of air navigation will not be adversely affected.
The exemption granted is a legislative instrument under the Legislative Instruments Act 2003 (LIA), declared as a disallowable instrument under regulation 11.215 of the CASR 1998. Consequently, it must be tabled and can be subject to disallowance in the Parliament as per sections 38 and 42 of the LIA. However, consultation under section 17 of the LIA was not required because this exemption is minor and does not significantly alter existing arrangements. This exemption renews CASA EX81/08, which expired on 31 December 2010.
The exemption for the Diamond DA 42 aircraft is effective from the day after registration and will cease on 28 February 2013. It has been issued by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 73(2) of the Civil Aviation Act 1988. The instrument number assigned to this exemption is CASA EX40/11.