EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
CESSNA PROPELLER-DRIVEN AIRCRAFT — PERSONS CARRYING OUT MAINTENANCE — 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 42V (1) of CAR 1988 provides that a person carrying out maintenance on an Australian aircraft must ensure that the maintenance is carried out in accordance with the applicable provisions of the aircraft’s approved maintenance data.
Subregulation 43 (7) of CAR 1988 provides that a maintenance release may be issued in respect of an aircraft only if all maintenance required to be carried out to comply with any requirement or condition imposed under CAR 1988 has been certified in accordance with regulation 42ZE or 42ZN to have been completed.
Subregulation 43 (13) of CAR 1988 provides that a person shall not sign a maintenance release to be issued pursuant to paragraph 43(7)(a) if, among other things, the person is aware that the information entered on the maintenance release is incorrect or is aware that the maintenance release does not contain all information that it is required by or under CAR 1988 to contain.
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 considers 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 person carrying out maintenance on an aircraft, or issuing or signing a maintenance release for the aircraft, may be taken to contravene any of the provisions cited in the exemption solely because of not taking into account a SID, either when carrying out maintenance or issuing or signing a maintenance release; 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.
[CASA EX44/2004]