CASA EX51/11 – Exemption – operations without an approved digital flight data recorder

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Government, address the need for stringent safety regulations in the aviation industry, particularly concerning the mandatory equipment on aircraft. One specific issue addressed by this legislation is the requirement for digital flight data recorders (FDRs) on aircraft to ensure safety and compliance with international standards. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact these regulations, which are further detailed and enforced by the Civil Aviation Safety Authority (CASA) through Civil Aviation Orders (CAOs). In this context, Subregulation 207(2) of the Civil Aviation Regulations 1988 mandates that Australian aircraft must be equipped with CASA-approved instruments and equipment, including FDRs. The policy objective of these regulations is to enhance aviation safety by ensuring that all aircraft are equipped with up-to-date and reliable flight data recording systems.

Scope and Application

The Civil Aviation Regulations 1988, as amended, establish the requirements for aircraft operations in Australia, including the installation of digital flight data recorders (FDRs) as mandated by the Civil Aviation Safety Authority (CASA). Specifically, Subregulation 207(2) of the Civil Aviation Regulations 1988 stipulates that an Australian aircraft must be equipped with CASA-approved instruments and equipment, including emergency equipment, before it can be used in any class of operations. This regulation is further elaborated in Civil Aviation Orders 20.18 and 103.19, which detail the specific requirements for FDRs, including recording intervals and accuracy. Exemptions to these requirements can be granted by CASA, as in the case of National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia, which operates aircraft that do not fully comply with Australian FDR standards due to their compliance with UK regulations at the time of manufacture. CASA has issued an exemption in this instance because the operator and manufacturer cannot provide viable service bulletins and kits to modify the aircraft to meet Australian standards. This exemption mandates compliance with UK FDR standards and applies to the specific operator, commencing on the day after registration and expiring on 30 September 2012. It is subject to disallowance in the Parliament as a disallowable instrument under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) establish that an Australian aircraft cannot be used in any class of operations unless it is equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) (s 207(2)). According to Civil Aviation Orders (CAO) 20.18, certain types of aircraft require the installation of flight data recorders (FDRs) (CAO 20.18, s 6). FDRs must meet specific parameters and recording intervals as outlined in CAO 103.19, such as recording at one-second intervals (CAO 103.19, Appendix I). However, in this particular case, the aircraft operated by National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services, do not fully comply with these requirements because their FDRs record at two-second intervals instead of one-second intervals at certain altitudes. This discrepancy arose because the aircraft were manufactured under United Kingdom regulations. The obligations imposed by the CAR 1988 and CAO mandate that CASA must approve instruments and equipment on aircraft to ensure safety and compliance (s 207(2)). CASA may issue directions and approvals in CAOs, which include the specific requirements for FDRs (CAR 1988, s 5(1)). However, in this instance, CASA has issued an exemption for the operator because the manufacturer cannot provide viable service bulletins and kits to modify the aircraft to meet the one-second recording interval requirement. The exemption mandates that the operator comply with the United Kingdom Civil Aviation Authority FDR standard as it was at the time of the aircraft's manufacture. The legislative framework includes provisions for penalties and consequences for non-compliance. If CASA issues a CAO and later amends, varies, or repeals it, the subsequent CAO is a disallowable instrument under regulation 5A of CAR 1988. An exemption, as declared under subregulation 308(4) of CAR 1988, is also a disallowable instrument and is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 (LIA) (LIA, s 6(d)(i)). This means that the exemption is subject to scrutiny and potential disallowance by Parliament. The instrument in question has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with sections 73 and 82 of the Civil Aviation Act 1988 and is effective until the end of September 2012.