CASA EX52/10 – Exemption – time-in-service recording on maintenance release; Determination – non-application of part of Civil Aviation Order 100.5

Overview

The Civil Aviation Regulations 1988 (CAR 1988), amended by the Civil Aviation Order 100.5 (CAO 100.5), were enacted to ensure the safety of air navigation in Australia. These regulations and orders are fundamental in governing the maintenance and operation of aircraft, including specific requirements for recording time-in-service on maintenance releases. However, these requirements posed challenges for larger airlines, particularly those with sophisticated computerised systems not programmed to record this specific information. Consequently, the need arose to address this gap by exempting certain aircraft and their operators from these specific recording requirements to maintain safety without unduly burdening airlines with unnecessary compliance tasks. The exemption and related determination were introduced by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988. The policy objective is to ensure that while maintaining the highest safety standards, the regulatory burden is balanced to facilitate efficient operations for larger airlines.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) establish various requirements for the operation and maintenance of aircraft, including the recording of time-in-service on maintenance releases. Specifically, subregulation 43B(1) of CAR 1988 mandates that the owner, operator, or pilot in command of an aircraft must record the total time-in-service of the aircraft on each day. However, recognising the complexities faced by larger airlines with their sophisticated computer systems, the Civil Aviation Safety Authority (CASA) has the authority under subregulation 308(1) of CAR 1988 to exempt certain aircraft, or persons associated with their operation, from compliance with specified provisions of the regulations, provided safety considerations are met. Accordingly, the instrument exempts Class A aircraft, which are Australian aircraft certificated in the transport category or used under an Air Operator’s Certificate for regular public transport operations, from the time-in-service recording requirements of regulation 43B of CAR 1988. This exemption is subject to conditions ensuring the aircraft’s approved system of maintenance includes an approved recording method for time-in-service that meets airworthiness requirements and that these details are included in the operator’s maintenance control manual. The instrument also determines that certain subparagraphs of Civil Aviation Order 100.5 do not apply to Class A aircraft, as the required information is adequately managed under the exemption conditions. The instrument is a legislative instrument and is subject to tabling and disallowance in the Parliament.

Key Provisions

The main operative sections of this legislation provide an exemption for Class A aircraft from certain time-in-service recording requirements. Specifically, subregulation 43B(1) of the Civil Aviation Regulations 1988 (CAR 1988) typically requires the owner, operator, or pilot in command of an aircraft to record the total time-in-service of the aircraft on a maintenance release at the end of each day’s flying operations. However, under the instrument, Class A aircraft, which are Australian aircraft certificated in the transport category or used under an Air Operator’s Certificate that authorises regular public transport operations, are exempt from this requirement. Instead, the exemption is subject to certain conditions, which will be discussed in the next paragraph. The obligations and requirements imposed by the Act and the Civil Aviation Order 100.5 (CAO 100.5) include ensuring that the aircraft’s approved system of maintenance includes an approved recording method for time-in-service. This recording method must be sufficient to meet the continuing airworthiness requirements of the aircraft. Additionally, the operator must include details of this recording method in the operator’s maintenance control manual. This manual is prepared in accordance with regulation 42ZY of CAR 1988. These conditions ensure that while the specific daily recording of time-in-service on a maintenance release is not required, the necessary information is still adequately recorded and managed within the approved system of maintenance. In terms of offences, penalties, or consequences for breach, the Act and the CAR 1988 impose certain civil and criminal consequences. Under subregulation 43B(1) of CAR 1988, it is an offence if, on completion of a day’s flying operations, the owner, operator, or pilot in command fails to record the total time-in-service of the aircraft on the maintenance release. This offence could result in civil penalties, including fines, and potentially criminal penalties if the breach is deemed severe enough. However, because the exemption applies to Class A aircraft, these requirements are not applicable to such aircraft, provided they comply with the conditions outlined in the exemption. The maximum penalties for such offences are not specified in the explanatory statement but generally would be determined by the severity of the breach and the regulatory framework in place at the time. Finally, it is important to note that this instrument is a legislative instrument under the Legislative Instruments Act 2003 (LIA) and is subject to tabling and disallowance in the Parliament. The instrument was made by the Director of Aviation Safety, on behalf of the Civil Aviation Safety Authority (CASA), in accordance with subsection 73(2) of the Civil Aviation Act 1988. The instrument commences on 1 July 2010 and stops having effect at the end of 30 June 2012.