Explanatory Statement
Civil Aviation Regulations 1988
Exemption — training and checking organisation, flight check system
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption subject to conditions specified in the exemption as being necessary in the interests of safety.
CAR 217 (1)
Subregulation 217 (1) of CAR 1988 requires that the operator of an aircraft with a maximum take-off weight of more than 5 700 kg must provide a training and checking organisation.
CASA has entered into an agreement with the Federal Aviation Administration of the United States of America. The airworthiness of the aircraft has been established. The nature of the short-term contract work makes it impractical for the Air Operator Certificate (AOC) holder to establish a training and checking organisation. However, an equivalent level of safety can be provided by ensuring that the operator meets the competency requirements stipulated by the National Aviation Authority (NAA) from the aircraft’s state of registry.
The instrument, therefore, exempts Machjet International Pty Ltd (the operator) from the requirement to have a training and checking organisation. Conditions on the exemption require that the operator must hold a discrete AOC for the aircraft which may only be operated for aerial surveying purposes. The aircraft may be flown in Australia only by a pilot who meets the NAA from the aircraft’s state of registry check and training proficiency requirements. The operator’s chief pilot must sight, verify and keep copies of the crew’s licences and proficiency check documents.
CAR 232
Subregulation 232 (2) of CAR 1988 provides that a flight check system is subject to prior approval of CASA and CASA may, at any time, require the system to be revised in a manner specified by CASA.
Subregulation 232 (5) of CAR 1988 provides that an aircraft must not be flown unless the flight check system has been approved by CASA and, if CASA has required the system to be revised, the system has been revised in a manner specified by CASA.
CASA considers that the requirement for the flight check system for the aircraft to be approved does not provide a significant enhancement to safety. The aircraft comes into Australia with a flight check system approved by the aircraft’s state of registry.
This exemption, therefore, exempts the operator of the aircraft from the requirement to have the flight check system separately approved.
As a condition on the exemption, the operator will be required to have a flight check system that complies with the aircraft’s state of registry standards.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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 under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it 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 a remake of a previous instrument, CASA EX24/09, issued to the operator. This is an interim instrument to enable CASA to complete assessment of the operator’s application for an AOC.
The instrument commences on the day after it is registered and stops having effect at the end of 16 October 2009.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Instrument number CASA EX54/09]