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]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, have been supplemented by the Civil Aviation Regulations 1988 Exemption — Reweigh Requirement instrument in 2008. This instrument, introduced to address the specific issue of unnecessary and costly reweighs for certain aircraft, was enacted by the Australian Parliament under the authority of the Civil Aviation Act 1988. The instrument allows for an exemption from the reweigh requirements for Rossair Charter Pty Ltd's Cessna C441 aircraft, registered as VH-XMJ, provided that the aircraft is not flown until it has been reweighed in compliance with safety standards. The policy objective of this exemption is to avoid compromising air navigation safety while simultaneously reducing the financial burden on the operator by preventing redundant reweighs within a short period. This exemption is subject to conditions and the oversight of the Civil Aviation Safety Authority (CASA), ensuring that safety remains the paramount concern.
Scope and Application
The Civil Aviation Regulations 1988, as amended, provide the legal framework for civil aviation safety in Australia, with specific regulations concerning the estimation and reweighing of aircraft. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue directions regarding the methods for estimating the weight and centre of gravity of an aircraft, with compliance being mandatory to ensure safety. CASA may also exempt certain aircraft from these requirements under specific conditions, as detailed in the Civil Aviation Regulations 1988 and the Civil Aviation Orders. In this instance, the Act exempts Rossair Charter Pty Ltd’s Cessna C441 aircraft from the reweigh requirements stipulated in CAO 100.7, provided that the aircraft is not flown after a specific maintenance inspection until it has been reweighed. This exemption, which is subject to the condition that the aircraft must not be flown after a specified date unless it has been reweighed, is intended to avoid unnecessary costs without compromising safety. The exemption is declared a disallowable instrument under the Legislative Instruments Act 2003 and, as such, is subject to tabling and potential disallowance in Parliament.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Order 100.7 (CAO 100.7) provide regulatory requirements for the estimation of aircraft weight and centre of gravity, with specific emphasis on reweighing intervals for aircraft used in commercial operations. Specifically, subregulation 235(1) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions about the methods for estimating these parameters, while subregulation 235(2A) establishes that contravention of these directions is an offence. Moreover, subregulation 235(11) allows CASA to exempt aircraft from these reweigh requirements under certain conditions. Paragraph 3.2 of CAO 100.7 mandates that aircraft, such as multi-engine aeroplanes with a maximum take-off weight exceeding 2800 kilograms, must be reweighed at specified intervals, such as at the first periodic inspection or maintenance release inspection following the third anniversary of the last weighing.
The obligations imposed by the Act and associated regulations on the parties involved, particularly the aircraft operator Rossair Charter Pty Ltd, include compliance with CASA's directions and orders regarding the estimation of aircraft weight and centre of gravity. For the Cessna C441 aircraft in question, this means adhering to the reweigh requirements outlined in CAO 100.7, unless exempted by CASA. The exemption granted in this case stipulates that the aircraft must not be flown after the Phase 2 maintenance inspection following the third anniversary of its last weighing unless it has been reweighed. Furthermore, the exemption is conditional upon the aircraft not being flown after 31 August 2008 unless it has been reweighed in accordance with safety requirements. Once the aircraft is reweighed, the standard reweigh requirements of CAO 100.7 will apply.
In terms of offences and penalties, the Act and associated regulations outline strict consequences for non-compliance. Specifically, subregulation 235(2A) of CAR 1988 establishes that contravening a CASA direction is an offence. While the explanatory statement does not specify the exact penalties for such offences, it is understood that penalties for contravening civil aviation regulations can include fines and, in severe cases, imprisonment. The nature and extent of penalties would depend on the specific circumstances of the breach and would be determined by a court. Additionally, the exemption itself is subject to the disallowance provisions of the Legislative Instruments Act 2003, which means it can be subject to review and potential disallowance by Parliament.