Explanatory Statement
Civil Aviation Regulations 1988 — regulation 308
Exemption —flight check system
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988.
Subregulation 308 (2) provides that before making an exemption CASA must take into account any relevant considerations relating to the interests of safety.
Subregulation 308 (3) of CAR 1988 provides that CASA may make an exemption subject to conditions specified in the exemption as being necessary in the interests of safety.
Subregulation 232 (1) of CAR 1988 provides that the operator of an aircraft must establish a flight check system for each type of aircraft, setting out the procedures to be followed by the pilot in command and other crew members prior to and on take‑off, on landing and in emergency situations.
Subregulation 232 (2) of CAR 1988 provides that a flight check system is subject to prior approval of CASA and CASA may, at any time, require the system to be revised in a manner specified by CASA.
Subregulation 232 (5) of CAR 1988 provides that an aircraft must not be flown unless the flight check system has been approved by CASA and, if CASA has required the system to be revised, the system has been revised in a manner specified by CASA.
The Sikorsky S-64 Skycrane helicopter is a large, fire fighting, multi-engine aircraft. Similar aircraft are operated in Australia each year during the fire season. Approval to fly is given by a discrete Air Operator’s Certificate (AOC) issued to the operator.
CASA considers that the requirement for the flight check system for this aircraft to be approved involves a significant resource impost on both CASA and the operator with no significant enhancement in safety.
This exemption, therefore, exempts the operator of this aircraft from the requirement to have the flight check system separately approved.
As a condition on the exemption, the operator will be required to have a flight check system that complies with FAA requirements.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption 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 and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is required by the operator to facilitate fire-fighting operations. It would be issued to any operator who requested it and could meet its safety conditions.
The instrument commences on the day after it is registered. It stops having effect at the end of 30 April 2006.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX49/05]
Overview
The Civil Aviation Regulations 1988, as amended by the F2005L03088 legislative instrument, introduced an exemption concerning the flight check system for the Sikorsky S-64 Skycrane helicopter, a large, multi-engine aircraft used in firefighting operations in Australia. This regulation was enacted to alleviate the administrative burden associated with the approval process of the flight check system for these aircraft, which CASA deemed to impose significant resources without substantially enhancing safety. By exempting the operators of these helicopters from the requirement of having the flight check system separately approved by CASA, the regulation aims to streamline the process while maintaining necessary safety standards. The exemption is conditional, requiring the operators to ensure their flight check systems comply with FAA requirements. The instrument, issued by a delegate of CASA, was subject to disallowance in the Parliament under the Legislative Instruments Act 2003, although consultation under the Act was not undertaken in this instance. The exemption was designed to facilitate firefighting operations and would be granted to any operator meeting the safety conditions, effective from the day after registration and terminating on 30 April 2006.
Scope and Application
The Civil Aviation Regulations 1988, specifically under regulation 308, allows the Civil Aviation Safety Authority (CASA) to exempt aircraft operators from certain regulatory requirements, such as the approval of a flight check system, provided that safety considerations are met. This exemption applies to operators of the Sikorsky S-64 Skycrane helicopter, a large, multi-engine fire-fighting aircraft, and is intended to alleviate the administrative burden on both CASA and the operator without compromising safety. Under this exemption, the operator is required to maintain a flight check system compliant with Federal Aviation Administration (FAA) standards. The exemption is in effect from the day after registration and is subject to disallowance by Parliament under the Legislative Instruments Act 2003, with a termination date of 30 April 2006. This exemption was authorised by a delegate of CASA, in line with the Civil Aviation Regulations 1988.
Key Provisions
Regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988) establishes an exemption for certain aircraft, specifically the Sikorsky S-64 Skycrane helicopter, from the requirement to have their flight check systems separately approved by the Civil Aviation Safety Authority (CASA). According to subregulation 308(1), CASA can exempt aircraft from specified provisions of CAR 1988, but this must be done with consideration for safety, as outlined in subregulation 308(2). Furthermore, subregulation 308(3) allows CASA to impose conditions on these exemptions if necessary for safety reasons. Subregulation 232(1) mandates that operators establish a flight check system for each aircraft type, detailing procedures for the pilot in command and crew members before take-off, during landing, and in emergency situations. This system must be approved by CASA, as stated in subregulation 232(2), and it must be followed as per subregulation 232(5).
The obligations imposed by this regulation require operators of the Sikorsky S-64 Skycrane helicopter to have a flight check system that complies with Federal Aviation Administration (FAA) requirements. This is stipulated as a condition of the exemption. The operator must ensure that the flight check system adheres to these requirements to maintain compliance with safety standards, despite the exemption from separate CASA approval. CASA retains the authority to revise the flight check system at any time, as per subregulation 232(2), ensuring ongoing safety oversight even in the absence of separate approval.
Failure to comply with the conditions of this exemption, such as not adhering to the FAA requirements for the flight check system, could result in significant consequences. While the Civil Aviation Regulations 1988 do not explicitly state penalties for non-compliance with this specific exemption, general provisions within the Civil Aviation Act 1988 allow for enforcement actions against operators who fail to meet safety requirements. Such actions could include fines, suspension or revocation of the operator’s Air Operator’s Certificate (AOC), and potential criminal charges under other relevant aviation laws. The severity of penalties would depend on the nature and extent of the non-compliance.