CASA EX53/06 - Exemption – flight and navigation equipment

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations for civil aviation in Australia, addressing the need for clear and enforceable standards in the operation of aircraft. One particular issue that arose is the discrepancy between the safety standards of new generation aircraft and the current requirements under Civil Aviation Order 20.18 (CAO 20.18), which mandates specific flight and navigation instruments for aircraft operating in Australia. Given that newer aircraft designs, such as those of the Cessna 680, have achieved equivalent levels of safety (ELOS) recognised by authorities like the Federal Aviation Administration (FAA), but are not recognised under CAO 20.18, Australian operators faced legal constraints on operating these aircraft without the mandated equipment. To address this gap, an exemption was introduced, allowing for the operation of such aircraft pending the amendment of CAO 20.18, ensuring that these aircraft can still operate safely and legally in Australia while awaiting regulatory updates.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the legislative instrument F2006L03483, provide a general exemption from the flight and navigation instrument requirements stipulated in Civil Aviation Orders (CAO 20.18). This exemption applies to Australian aircraft that possess type designs with equivalent levels of safety as determined by the type certificating authority, such as the Federal Aviation Administration (FAA) for the Cessna 680. This instrument allows these aircraft to operate in Australia despite not being fully compliant with CAO 20.18, provided that an alternative means of compliance has been established that ensures the equivalent level of safety. This exemption is intended to bridge the gap while CAO 20.18 is being amended to accommodate new generation aircraft designs. The exemption applies to aircraft operating within Australia, and it is subject to the condition that the flight and navigation equipment must meet the equivalent level of safety standards. The exemption does not apply to consultation under section 17 of the Legislative Instruments Act 2003, as the instrument is considered minor or of a machinery nature, and has been issued by a delegate of the Civil Aviation Safety Authority (CASA) appointed under regulation 7 of the Civil Aviation Regulations 1988. This instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003 and will cease to have effect at the end of 30 September 2009.

Key Provisions

The key operative sections of this legislation pertain to exemptions from certain flight and navigation equipment requirements for Australian aircraft. Section 207(2) of the Civil Aviation Regulations 1988 (CAR 1988) mandates that Australian aircraft must be fitted with approved instruments and equipment, including emergency equipment, to be used in any class of operation. However, Civil Aviation Order 20.18 (CAO 20.18) requires specific flight and navigation instruments, which may not recognise the safety enhancements of new generation aircraft designs. For example, the Cessna 680 aircraft design, which provides an equivalent level of safety (ELOS) and eliminates certain outdated equipment, is not compliant with the current CAO 20.18 requirements. This instrument proposes a general exemption from the flight and navigation instrument requirements of CAO 20.18, allowing aircraft to operate if they meet alternative compliance standards that achieve the same ELOS as determined by the type certificating authority. This legislation imposes specific obligations on aircraft operators and the Civil Aviation Safety Authority (CASA). Operators must ensure that their aircraft meet the flight and navigation equipment requirements of CAO 20.18 or obtain an exemption from CASA. CASA, in turn, must approve these exemptions and determine the ELOS of the alternative compliance means. This process ensures that while aircraft can operate under the exemption, they still maintain a high standard of safety equivalent to that required by the regulations. The exemption is temporary, with its effect lasting until the end of September 2009, pending further amendments to CAO 20.18. Breaching the conditions of this exemption could have serious consequences. While the specific penalties for non-compliance are not detailed in the text, the general Civil Aviation Act 1988 provides for potential offences and penalties. Violating the requirements of CAR 1988 can lead to civil penalties, including fines and, in severe cases, criminal charges. The severity of the penalty would depend on the nature and extent of the breach, with potential maximum penalties ranging from fines up to thousands of dollars to imprisonment terms, depending on the seriousness of the breach. Additionally, the legislative instrument is subject to disallowance in Parliament, which can render the exemption ineffective if not approved. Under the Legislative Instruments Act 2003 (LIA), this exemption is considered a legislative instrument due to its impact on the operation of a Civil Aviation Order. This means it must be tabled in Parliament and is subject to potential disallowance. Although consultation under section 17 of the LIA was not undertaken, this exemption was issued by a CASA delegate under regulation 7 of CAR 1988. The exemption is effective from a day after its registration and ceases to have effect by the end of September 2009, as specified in the instrument number CASA EX53/06. This legal framework ensures that the exemption operates within the bounds of existing legislation and is subject to parliamentary oversight.