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]
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as the primary piece of legislation governing civil aviation in Australia, establishing the legal framework for the safety, efficiency, and economic viability of civil aviation within the country. The Act aims to address issues related to air safety, noise, and other regulatory aspects concerning civil aviation. The Civil Aviation Regulations 1988 (CAR 1988) complement the Act by providing detailed rules and standards for various aspects of civil aviation operations. To address a specific issue concerning Cessna propeller-driven aircraft, CASA has issued an exemption under Section 98 of the Civil Aviation Act 1988, allowing holders of certificates of registration to be temporarily exempt from compliance with certain supplemental inspection documents (SIDs). This exemption aims to prevent holders of registration certificates from inadvertently contravening regulatory provisions by not considering SIDs, which include additional manufacturer instructions beyond those in the Cessna Maintenance Manual. The exemption is subject to safety conditions and follows international practices for implementing SIDs, with a phased introduction emphasising early compliance for aircraft engaged in regular public transport operations.
Scope and Application
The Civil Aviation Regulations 1988, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to exempt holders of certificates of registration for Cessna propeller-driven aircraft from compliance with certain supplemental inspection documents (SIDs) issued by the Cessna Aircraft Company. This exemption is applicable to aircraft owners and operators, specifically those involved in regular public transport operations, charter operations, and general aviation. The exemption allows these entities to temporarily not adhere to the specific maintenance requirements outlined in the SIDs, pending the phased introduction of these requirements. Such exemption is subject to CASA's conditions deemed necessary for ensuring safety. The exemption applies nationally across Australia, in line with the regulatory jurisdiction of CASA, and is subject to disallowance under section 46A of the Acts Interpretation Act 1901. The exemption was designed to prevent aircraft owners and operators from inadvertently contravening safety regulations simply by not considering the SIDs, which provide additional maintenance instructions beyond those in the Cessna Maintenance Manual. The phased exemption is intended to align with international practices in implementing SIDs, with specific timelines set for its cessation in relation to different types of aircraft operations. The exemption was issued by a CASA delegate in accordance with regulation 7 of the Civil Aviation Regulations 1988 and came into effect upon gazettal.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, specifically concerning Cessna propeller-driven aircraft, pertain to the phased introduction of supplemental inspection documents (SIDs) for structural fatigue and corrosion. Section 98 of the Act allows the Governor-General to make regulations, and under subregulation 308(1) of the Civil Aviation Regulations 1988, the Civil Aviation Safety Authority (CASA) can exempt aircraft from specified provisions of the Regulations. Subregulation 308(3) stipulates that such exemptions are contingent on the aircraft meeting any conditions set by CASA to ensure safety. Additionally, subregulation 308(4) designates these exemptions as disallowable instruments under the Acts Interpretation Act 1901.
Holders of certificates of registration for Class A and Class B aircraft must ensure that required maintenance is performed as per the aircraft’s approved system of maintenance or maintenance schedule, respectively (CAR 1988 subregulation 39(1), regulations 40, 41, and 42). For Class B aircraft, if the maintenance schedule is no longer appropriate or defective, holders must either adopt a new schedule or obtain CASA’s approval for changes (CAR 1988 regulation 42). Furthermore, if a manufacturer’s maintenance schedule is used, all component manufacturers' instructions for continued airworthiness must be adhered to (CAR 1988 subregulation 42A(4)).
The exemption from compliance with the SIDs is phased in to manage the transition effectively, with a particular focus on aircraft engaged in regular public transport operations. For these aircraft, the exemption will cease at the end of January 2005 or 15 months after the issue of the particular SID, whichever is later. For charter operations, the exemption will end by 31 March 2006 or 15 months after the SID's issue, whichever is later. Finally, the exemption for all other aircraft will terminate by the end of November 2007 or upon the commencement of Subpart 91.M of the Civil Aviation Safety Regulations 1998, whichever comes first. This exemption aims to prevent holders of certificates of registration from being inadvertently non-compliant with provisions due to oversight of the SIDs.
Breaching the conditions of the exemption, or failing to comply with the regulations after the exemption period ends, could result in civil or criminal penalties. The specific penalties depend on the nature and severity of the breach, but under the Civil Aviation Act 1988, severe breaches can lead to substantial fines and imprisonment. CASA may impose administrative penalties, including fines up to $1,650 for each day of non-compliance, as stipulated in the Civil Aviation Regulations 1988. The precise penalties would be determined based on the specific circumstances of each case.