Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — display of markings on Boeing Stearman bi-plane
Legislation
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of CASR 1998. CASA may grant an exemption to a person or a class of person.
Subregulation 11.205 (1) of CASR 1998 provides that CASA may impose on an exemption any condition necessary in the interests of the safety of air navigation.
Regulation 45.065 of CASR 1998 sets out the minimum height of the characters in a set of aircraft markings. Markings comprise the nationality and registration marks of an aeroplane. In accordance with subparagraph 45.065 (3) (b) (ii), the minimum height that would be applicable to the markings on the side of the Boeing Stearman bi-plane VH-ZYZ is 300 millimetres.
The Boeing Stearman bi-plane is an old World War II training aeroplane. The operator considers that having the markings displayed in accordance with regulation 45.065 would compromise the authentic appearance of the aircraft, which the operator wishes to preserve. As requested, the exemption allows the operator to display the markings on both sides of the fuselage with a minimum height of not less than 50 millimetres. For the sake of authenticity, the aircraft is also painted in a particular colour scheme. The exemption will cease to apply at the end of 30 June 2011 or the day on which the colour scheme is changed, whichever happens first.
CASA does not consider that the exemption will have a detrimental effect on the safety of air navigation.
Legislative Instruments Act
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 in legislation in force before the commencement of the LIA. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. The exemption is, therefore, a legislative instrument and 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 of a minor or machinery nature and renews a previous instrument, CASA EX32/07, issued for the same aircraft.
The exemption commences on 1 July 2009 and stops having effect at the earlier of:
(a) the day on which the aircraft’s colour scheme is changed; or
(b) the end of 30 June 2011.
The exemption has been issued by a delegate of CASA appointed under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX51/09]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation and to regulate civil aviation activities in Australia. This regulatory framework is empowered under section 98 of the Civil Aviation Act 1988, with the Civil Aviation Safety Authority (CASA) being the key regulatory body. The CASR 1998 provides CASA with the authority to grant exemptions from compliance with certain regulations, including the display of markings on aircraft, as long as such exemptions do not compromise safety. In the context of preserving the authentic appearance of historic aircraft, CASA has the discretion to impose conditions on these exemptions to ensure that safety standards are not undermined. This regulatory approach balances the preservation of historical integrity with the paramount requirement for air navigation safety. The exemption in question, pertaining to the display of markings on the Boeing Stearman bi-plane VH-ZYZ, is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of civil aviation in Australia, and under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions to certain provisions where necessary. Specifically, Regulation 11.215 of the CASR 1998 empowers CASA to exempt a person or a class of persons from complying with specific requirements in the interest of safety, subject to the imposition of any conditions deemed necessary by CASA. This authority is exercised under Section 98 of the Civil Aviation Act 1988. The exemption in question pertains to the display of markings on a Boeing Stearman bi-plane, VH-ZYZ, an aircraft of historical significance. CASA has granted an exemption to reduce the minimum height of the aircraft markings from the regulatory requirement of 300 millimetres to 50 millimetres to preserve the aircraft's authentic appearance. This exemption, which is subject to the conditions that it will cease to apply upon a change in the aircraft's colour scheme or by 30 June 2011, whichever occurs first, is considered not to adversely affect the safety of air navigation. The exemption is declared a disallowable instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions that allow the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory requirements, provided it does not compromise the safety of air navigation. Subregulation 11.160 (1) of CASR 1998 specifies that CASA has the authority to grant such exemptions, and subregulation 11.205 (1) further stipulates that these exemptions can be subject to any conditions necessary to ensure the safety of air navigation. Regulation 45.065 of CASR 1998 sets out the minimum height for aircraft markings, including the nationality and registration marks, which, in the case of the Boeing Stearman bi-plane VH-ZYZ, would typically be 300 millimetres.
The exemption granted under this legislation specifically pertains to the display of markings on the Boeing Stearman bi-plane VH-ZYZ. Given the aircraft's historical significance and the operator's desire to preserve its authentic appearance, the exemption allows for the markings to be displayed at a minimum height of 50 millimetres, significantly lower than the standard 300 millimetres. This adjustment is intended to maintain the aircraft's traditional look without compromising its operational safety. The exemption will remain in effect until either the aircraft’s colour scheme is altered or until 30 June 2011, whichever occurs first.
The obligations imposed by this legislation are primarily on the operator of the Boeing Stearman bi-plane. The operator must adhere to the conditions set forth in the exemption, including the specified marking height, and ensure that any modifications to the aircraft's colour scheme are made in accordance with the exemption terms. Additionally, CASA retains the right to impose any further conditions necessary to maintain the safety of air navigation. The exemption is also subject to parliamentary oversight and disallowance under the Legislative Instruments Act 2003, although no consultation was deemed necessary in this instance due to the minor nature of the exemption and its renewal from a previous exemption.
Failure to comply with the conditions of the exemption could result in significant consequences. While the specific penalties are not detailed in the text, general provisions under CASR 1998 and related civil aviation laws could include fines, revocation of the aircraft’s operating certificate, or other enforcement actions. Such measures are designed to ensure that any deviations from safety regulations are swiftly addressed to protect the public and maintain the integrity of air navigation systems.