Explanatory Statement
Civil Aviation Regulations 1988
Exemption — reweigh requirement
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 235 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions about the method of estimating the weight and centre of gravity of an aircraft. Under subregulation 235 (2A), it is an offence to contravene a direction. Under subregulation 235 (11), CASA may exempt an aircraft from any of the requirements imposed by subregulation 235 (1).
Under subregulation 5 (1) of CAR 1988, CASA may use Civil Aviation Orders (CAOs) to issue the directions mentioned in subregulation 235 (1). Directions were issued in Civil Aviation Order 100.7 (CAO 100.7).
Under paragraph 3.2 of CAO 100.7, an aircraft used in commercial operations must be reweighed at certain intervals. For example, a multi-engine aeroplane with a maximum take-off weight of more than 2 800 kgs (e.g. a Cessna C441) must be reweighed at the first periodic inspection, or the first maintenance release inspection, after the third anniversary of the day on which the aircraft was last weighed.
Rossair Charter Pty Ltd (the operator) is the commercial operator of the Cessna C441 aircraft with nationality and registration marks VH-XMJ (the aircraft). The aircraft is due for a reweigh on the next scheduled maintenance inspection, this being a Phase 2 inspection. However, the aircraft is due for a Cessna Supplemental Inspection Document (SIDs) on 1 September 2008 which, when completed, will require a reweigh of the aircraft.
If the requirements of CAO 100.7 were to be strictly observed, this would mean 2, relatively expensive, reweighs within a short time of each other with no benefit for the safety of air navigation.
CASA considers that it would not compromise the safety of air navigation to exempt the aircraft from the reweigh requirements under CAO 100.7 provided the operator does not fly the aircraft after the proposed SIDs until it had been reweighed.
Exemption
The exemption from the reweigh requirements in paragraph 3.2 of CAO 100.7 is subject to the condition that the aircraft is not to be flown after the first scheduled maintenance inspection following the third anniversary of the day on which the aircraft was last weighed, this being a Phase 2 inspection.
The instrument commences on the day after it is registered and stops having effect at the end of 31 August 2008.
Notwithstanding this period, the aircraft must not be flown after 31 August 2008 unless it has been reweighed to comply with safety requirements. Once the aircraft is reweighed in accordance with this exemption, the reweigh requirements of paragraph 3.2 of CAO 100.7 will apply.
Legislative Instruments Act
Under regulation 5A of CAR 1988, if an instrument affects the operation of the CAOs, it is declared to be a disallowable instrument. The exemption affects the operation of paragraph 3.2 of CAO 100.7 and is declared to be a disallowable instrument. 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. The exemption is, therefore, a legislative instrument, 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. The instrument applies beneficially to the unique circumstances of a particular operator.
The exemption has been issued by a delegate of CASA under regulation 7 of CAR 1988.
[Instrument number CASA EX46/08]