CASA EX53/10 - Exemption - Class A aircraft used in private operations

Overview

The Civil Aviation Regulations 1988, as amended by F2010L01645, introduced an exemption for Class A aircraft used in private operations. This regulation was enacted in 2010 by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988. The primary issue this legislation addresses is the inappropriateness of certain regulatory requirements for Class A aircraft engaged in private operations, specifically those that were originally designed for commercial operations. CASA determined that these requirements, such as the appointment of a maintenance controller and the maintenance of a control manual, were not necessary for private operations and could potentially be harmonised with the less stringent requirements in the USA without compromising aviation safety. The exemption, declared as a disallowable instrument under subregulation 308(4) of the Civil Aviation Regulations 1988 and a legislative instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in the Parliament. Although consultation under section 17 of the Legislative Instruments Act was not undertaken for this specific exemption, CASA deemed it beneficial to the industry as it corrected unintended effects on private operations from a previous instrument. The exemption is effective from the day after its registration and will cease to have effect by the end of 30 June 2012.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the instrument F2010L01645, establish an exemption for operators of Class A aircraft engaged in private operations, exempting them from specific regulatory requirements that were initially intended for commercial operations. The Civil Aviation Act 1988 empowers the Governor-General to make regulations, and Regulation 42ZV and Regulation 42ZY of the Civil Aviation Regulations 1988 originally mandated that operators of Class A aircraft must appoint a maintenance controller and maintain a maintenance control manual, respectively. However, the Civil Aviation Safety Authority (CASA) has determined these provisions to be inappropriate for private operators, leading to the exemption which aligns Australian regulations with those in the USA without compromising aviation safety. This exemption applies to the specific category of Class A aircraft used in private operations and is subject to disallowance under the Legislative Instruments Act 2003. The instrument, which comes into effect on the day after its registration and ceases to have effect at the end of 30 June 2012, was made by the Director of Aviation Safety on behalf of CASA in accordance with the Civil Aviation Act 1988.

Key Provisions

The key operative sections of the Civil Aviation Regulations 1988 (CAR 1988) are sections 42ZV and 42ZY, which require the appointment of a maintenance controller and the existence of a maintenance control manual for operators of Class A aircraft. These provisions were initially intended to apply to operators engaged in commercial operations. However, section 42ZV of CAR 1988 is now exempt for operators of Class A aircraft engaged in private operations, as stated in Regulation 42ZV. This exemption aims to align Australian regulations with those in the USA and is deemed not to adversely affect aviation safety. The exemption, declared under subregulation 308(4) of CAR 1988, is considered a disallowable instrument under the Legislative Instruments Act 2003 (LIA). Consequently, it is subject to tabling and disallowance in Parliament, as per sections 38 and 42 of the LIA. Despite this, consultation under section 17 of the LIA was not undertaken because the exemption replaces a previous instrument that had unintended effects on private operations of Class A aircraft, and it is beneficial to the industry. Operators of Class A aircraft engaged in private operations are exempt from the requirements of having a maintenance controller and a maintenance control manual. This exemption applies from the day after the instrument is registered and remains in effect until 30 June 2012. The instrument was made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Civil Aviation Act 1988. There are no explicit offences or penalties mentioned in the text for breach of the exemption provisions. However, as the exemption is a legislative instrument, any failure to comply with the Civil Aviation Regulations 1988, beyond the scope of this exemption, could result in enforcement actions by CASA under the Civil Aviation Act 1988, including potential fines or other civil/criminal consequences depending on the nature and severity of the breach.