CASA EX45/10 – Exemption – issue of export airworthiness approvals

Overview

The Civil Aviation Safety Regulations 1998, enacted by the Parliament of Australia, are designed to ensure the safety of air navigation and to regulate various aspects of civil aviation in Australia. One of the provisions, Subregulation 21.329(3), requires a used aircraft to undergo an annual, or 100 hour, type inspection before an export airworthiness certificate can be issued for a class 1 product. This requirement was creating a barrier for Helicopter Resources Pty Ltd, which was in the process of maintaining a Sikorsky S76C aircraft with the registration mark VH-BKS and intended to export it to the Republic of Korea. The aircraft did not meet the inspection requirement, prompting the operator to apply for an exemption to facilitate the export. The exemption was granted by the Civil Aviation Safety Authority (CASA), subject to conditions to ensure that the inspection is carried out in accordance with specified standards, thereby maintaining an acceptable level of safety. This exemption process is governed under the Civil Aviation Act 1988 and the Legislative Instruments Act 2003, which mandates the tabling and disallowance of such exemptions in the Parliament.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) pertain to the aviation industry, governing the maintenance and airworthiness of aircraft in Australia. The specific exemption under consideration applies to Helicopter Resources Pty Ltd, an operator of a Sikorsky S76C aircraft with the registration mark VH-BKS, which is intended for export to the Republic of Korea. The exemption is applicable under subsection 98(1) of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act and the safety of air navigation, and is further detailed in subregulation 21.329(3) of CASR 1998. This regulation requires a used aircraft to undergo an annual, or 100-hour, type inspection before an export airworthiness certificate can be issued for a class 1 product. Given that the aircraft in question does not meet this requirement, the operator has applied for an exemption. The exemption is granted under subregulation 11.160(1) of CASR 1998, and is subject to conditions to ensure the preservation of safety, including that the inspection be carried out in accordance with Chapter 5 of the Sikorsky S76C Airworthiness Limitations and Inspection Requirements SA4047-76C-2-1. This exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003 and ceases to have effect by the end of June 2010.

Key Provisions

The key operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) in this context are subregulation 21.329(3), which stipulates that a used aircraft must undergo an annual or 100-hour type inspection before an export airworthiness certificate can be issued for a class 1 product, and subregulation 11.160(1), which empowers the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions of CASR 1998. In this specific instance, the operator, Helicopter Resources Pty Ltd, has applied for an exemption from the requirement of an annual or 100-hour type inspection for their Sikorsky S76C aircraft, registered as VH-BKS, to allow for its export to the Republic of Korea. The obligations and requirements imposed by the Act on the parties it governs are primarily concerned with ensuring the safety of air navigation. CASA, as the regulatory authority, must consider the preservation of an acceptable level of safety paramount when deciding whether to grant an exemption (subregulation 11.170(3) of CASR 1998). Moreover, if an exemption is granted, CASA can impose conditions to ensure that the safety of air navigation is maintained (subregulation 11.205(1) of CASR 1998). In this case, the exemption is subject to the condition that the inspection be carried out in accordance with Chapter 5 of the Sikorsky S76C Airworthiness Limitations and Inspection Requirements SA4047-76C-2-1. Additionally, under the Legislative Instruments Act 2003 (LIA), the exemption must be published on the World Wide Web (regulation 11.225 of CASR 1998) and it must be tabled and disallowed in Parliament if it is a disallowable instrument (subparagraph 6(d)(i) of the LIA). The Civil Aviation Safety Regulations 1998 impose various consequences for breaches of its provisions, including exemptions. Under regulation 11.210 of CASR 1998, it is an offence to fail to comply with a condition of an exemption, which could result in civil or criminal penalties depending on the severity of the breach. However, the Explanatory Statement does not provide specific details on the maximum penalties for these offences. Furthermore, the exemption itself is subject to a cessation period, either on the day specified within it or, if no day is specified, two years after its commencement (subregulation 11.230(1) of CASR 1998). This ensures that the exemption is temporary and reviewed periodically to maintain safety standards.