EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
CESSNA PROPELLER-DRIVEN AIRCRAFT — HOLDERS OF CERTIFICATES OF REGISTRATION — EXEMPTION FROM COMPLIANCE WITH SUPPLEMENTAL INSPECTION DOCUMENTS
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt an aircraft from compliance with specified provisions of the Regulations. Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety. Under subregulation 308 (4) such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subregulation 39 (1) of CAR 1988 provides that the holder of the certificate of registration of a Class A aircraft must ensure that all maintenance required to be carried out on the aircraft by the aircraft’s approved system of maintenance is carried out when required by that system.
Regulation 40 of CAR 1988 provides that if the approved system of maintenance for a Class A aircraft is no longer appropriate or is defective, the holder of the certificate of registration must request CASA or an authorised person to approve a change to the system to ensure that it is appropriate and no longer defective.
Regulation 41 of CAR 1988 provides that the holder of the certificate of registration of a Class B aircraft must ensure that all maintenance required to be carried out on the aircraft by the aircraft’s maintenance schedule is carried out when required by that schedule.
Regulation 42 of CAR 1988 provides that if the maintenance schedule for a Class B aircraft is no longer appropriate or is defective, the holder of the certificate of registration must take one of the actions set out in the regulation to ensure that the aircraft has an appropriate maintenance schedule. The changes involve adopting a different maintenance schedule or obtaining approval from CASA for a change to the existing schedule.
Subregulation 42A (4) of CAR 1988 provides that if a person has elected to use a manufacturer’s maintenance schedule, all instructions issued by the manufacturers of aircraft components fitted to the aircraft, being for the continued airworthiness of the components are to be taken to be part of the manufacturer’s schedule.
The Cessna Aircraft Company has issued supplemental inspection documents (SIDs) setting out inspections for structural fatigue or corrosion that should be carried out on Cessna propeller-driven aircraft. SIDS are documents issued to deal with problems that arise in older aircraft. CASA has considered that it is appropriate to arrange the phased introduction of these requirements, with the emphasis being on their early introduction for aircraft engaged in regular public transport operations.
In relation to aircraft engaged in regular public transport operations, the exemption will cease to apply at the end of January 2005 or 15 months after issue of the particular SID, whichever is the latest. The exemption will cease to apply to charter operations after 31 March 2006 or 15 months after issue of the particular SID, whichever is the latest. It will cease to apply to all aircraft at the end of November 2007 or on the commencement of Subpart 91.M of the Civil Aviation Safety Regulations 1998, whichever occurs first.
The exemption is intended to avoid the possibility that a holder of a certificate of registration may, in the course of performing his or her functions, be taken to contravene any of the provisions cited in the exemption solely by reason of not taking into account a SID; a SID contains manufacturer’s instructions setting out maintenance additional to that contained in the Cessna Maintenance Manual.
CASA has taken into account all issues relating to the safety of air navigation and considers that the issue of the exemption is in accordance with overseas practice in relation to the implementation of the SIDs.
The exemption came into effect on gazettal.
The exemption was issued by a delegate of CASA appointed in accordance with regulation 7 of CAR 1988.
[Exemption Number: CASA EX43/2004]