Explanatory Statement
Civil Aviation Regulations 1988
Exemption — training and checking organisation, flight check system
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for 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) provides that CASA may make an exemption subject to conditions specified in the exemption as being necessary in the interests of safety.
CAR 217 (1)
Subregulation 217 (1) of CAR 1988 requires that the operator of an aircraft with a maximum take-off weight of more than 5 700 kg must provide a training and checking organisation.
Multi-engine aircraft with a maximum take-off weight in excess of 5 700 kg and multi-engine helicopters below 5 700 kg 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.
No Australian pilots or CASA Flying Operations Inspectors (FOIs) are endorsed on type. The nature of the short-term contract work of these firefighting aircraft makes it impractical to endorse CASA FOIs on type to permit a CAR 217 organisation to be established by the AOC holder. However, an equivalent level of safety can be provided by ensuring that the operators meet the competency requirements stipulated by the National Aviation Authority (NAA) of the aircraft’s state of registry.
The instrument, therefore, exempts the operator from the requirement to have a training and checking organisation. Conditions on the exemption require that the operator must hold a discrete AOC for the aircraft which may only be operated for firefighting purposes. The aircraft may be flown in Australia only by a pilot who meets the NAA of the aircraft’s state of registry check and training proficiency requirements. The operator’s chief pilot must sight, verify and keep copies of the crew’s licences and proficiency check documents.
CAR 232
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.
CASA considers that the requirement for the flight check system for these aircraft to be approved does not provide a significant enhancement to safety. The aircraft come into Australia with flight check systems approved by the aircraft’s state of registry.
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 the aircraft’s state of registry check and training proficiency 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
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is required to facilitate firefighting operations.
The instrument commences on the day after it is registered and stops having effect at the end of 30 April 2009.
The exemption has been made by the Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX51/07]
Overview
The Civil Aviation Regulations 1988, as amended by F2007L04125, were enacted to address specific safety concerns regarding the operation of multi-engine aircraft used in firefighting roles within Australia. The problem this legislation aimed to solve was the impracticality of endorsing Australian Civil Aviation Safety Authority (CASA) Flying Operations Inspectors (FOIs) on the specific types of firefighting aircraft due to the short-term nature of their contracts. This exemption, issued under the authority of the Civil Aviation Act 1988, allows for the safe operation of these aircraft by ensuring that they meet the competency requirements stipulated by the National Aviation Authority (NAA) of the aircraft’s state of registry. The exemption, approved by the Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, ensures that operators can meet the necessary safety standards without the burden of establishing a training and checking organisation in Australia. This regulatory approach balances operational flexibility with stringent safety requirements to protect public interests during critical firefighting operations.
Scope and Application
This legislative instrument pertains to exemptions from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988) for the operation of specific aircraft used in firefighting operations in Australia. Specifically, the instrument exempts operators of multi-engine aircraft with a maximum take-off weight exceeding 5,700 kg and multi-engine helicopters with a weight below 5,700 kg from the requirement to have a training and checking organisation under CAR 217, provided the aircraft are operated exclusively for firefighting purposes. Additionally, it exempts these operators from the need to have their flight check system separately approved by the Civil Aviation Safety Authority (CASA) under CAR 232, as long as the system complies with the requirements of the aircraft’s state of registry. These exemptions are subject to conditions, such as the aircraft being operated only by pilots who meet the check and training proficiency requirements of the National Aviation Authority of the aircraft’s state of registry, and the operator holding a discrete Air Operator’s Certificate (AOC) specifically for firefighting operations. The exemption is a legislative instrument and is subject to disallowance in Parliament under the Legislative Instruments Act 2003. The instrument is effective from the day after its registration until 30 April 2009, aiming to facilitate firefighting operations during the fire season in Australia.
Key Provisions
The primary provisions of this instrument pertain to specific exemptions under the Civil Aviation Regulations 1988 (CAR 1988). According to CAR 217(1), operators of aircraft with a maximum take-off weight exceeding 5,700 kg must generally provide a training and checking organisation. However, subregulation 308(1) of CAR 1988 allows for exemptions from specified provisions of the regulations, and in this case, the exemption applies to the requirement for a training and checking organisation (CAR 217(1)). This exemption is subject to conditions, such as the operator holding a discrete Air Operator’s Certificate (AOC) for the aircraft, which can only be operated for firefighting purposes, and ensuring that pilots meet the National Aviation Authority (NAA) of the aircraft’s state of registry check and training proficiency requirements (CAR 217(3)).
The instrument also addresses the flight check system requirements outlined in CAR 232. Subregulation 232(2) mandates that a flight check system must receive prior approval from the Civil Aviation Safety Authority (CASA). However, subregulation 308(1) allows for exemptions from this requirement, and subregulation 232(5) stipulates that an aircraft cannot be flown unless its flight check system has been approved by CASA. This exemption relieves operators from needing separate approval for their flight check systems, provided these systems comply with the aircraft’s state of registry check and training proficiency requirements (CAR 232(3)).
Obligations imposed by the instrument include the necessity for operators to maintain records of crew licences and proficiency check documents, verified by the operator’s chief pilot, and ensuring that pilots meet the specified competency requirements. Additionally, operators must ensure that their aircraft are flown only by qualified personnel who meet the NAA of the aircraft’s state of registry check and training proficiency requirements. The exemption also necessitates compliance with the terms specified in the exemption itself, such as the AOC being exclusively for firefighting purposes and the flight check system meeting the required standards.
For breaches of the conditions stipulated in the exemptions, consequences can include civil penalties as outlined in the Civil Aviation Act 1988, which may include fines and other sanctions. The severity of penalties can depend on the nature and extent of the breach, with maximum penalties varying based on the specific regulatory provisions contravened. The instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, as it is classified as a disallowable instrument.