CASA EX54/09 - Exemption - training and checking organisation, flight check system

Overview

The Civil Aviation Regulations 1988 were amended in 2009 to include an exemption for Machjet International Pty Ltd, allowing the operator to be exempt from certain regulatory requirements while ensuring an equivalent level of safety. Enacted under the authority of the Civil Aviation Act 1988, these regulations are designed to maintain the safety of air navigation, with the Civil Aviation Safety Authority (CASA) empowered to make regulations for this purpose. The exemption was introduced to address the specific challenges faced by short-term contract operators who could not feasibly establish a training and checking organisation but could demonstrate an equivalent level of safety through compliance with the standards of the aircraft's state of registry. Conditions of the exemption include maintaining a discrete Air Operator Certificate for aerial surveying purposes only and ensuring that pilots meet the relevant check and training proficiency requirements from the aircraft’s state of registry. The operator is also required to verify crew licences and proficiency check documents. Furthermore, the exemption allows the operator to use a flight check system approved by the aircraft’s state of registry, subject to CASA's oversight and conditions to ensure compliance with those standards. This legislative instrument is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide for various exemptions from certain regulatory requirements to ensure that safety is not compromised while accommodating practical and operational needs. Specifically, the exemption under consideration allows Machjet International Pty Ltd to operate an aircraft without establishing a training and checking organisation, as the airworthiness of the aircraft has already been established by the Federal Aviation Administration of the United States of America. This exemption applies to the operator of an aircraft with a maximum take-off weight exceeding 5,700 kg, which is otherwise required to provide a training and checking organisation under CAR 217(1). The exemption is subject to conditions, including the requirement that the operator must hold a discrete Air Operator Certificate for the aircraft, which may only be used for aerial surveying purposes, and that pilots must meet the check and training proficiency requirements of the National Aviation Authority from the aircraft’s state of registry. Additionally, the exemption under CAR 232 allows the operator to use a flight check system approved by the aircraft’s state of registry, rather than requiring separate approval by the Civil Aviation Safety Authority (CASA). The exemption is subject to the condition that the flight check system must comply with the standards of the aircraft’s state of registry. This exemption is a legislative instrument, subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption is effective from the day after its registration and ceases to have effect at the end of 16 October 2009.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) in this context concern the exemption from certain requirements related to training and checking organisations and flight check systems. Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act, and subregulation 308(1) of CAR 1988 provides that the Civil Aviation Safety Authority (CASA) may exempt aircraft or persons associated with the operation of aircraft from compliance with specified provisions of CAR 1988, taking into account safety considerations. 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. Subregulation 232(2) of CAR 1988 mandates that a flight check system is subject to prior approval by CASA, and subregulation 232(5) provides that an aircraft must not be flown unless the flight check system has been approved by CASA. The obligations imposed on the parties governed by this Act are primarily safety-focused. Specifically, Machjet International Pty Ltd, as the operator of the aircraft, is required to comply with the conditions of the exemption issued by CASA. This includes holding a discrete Air Operator Certificate (AOC) for the aircraft, which may only be operated for aerial surveying purposes. Furthermore, the aircraft may be flown in Australia only by a pilot who meets the competency requirements stipulated by the National Aviation Authority (NAA) from the aircraft’s state of registry. The operator’s chief pilot must sight, verify, and keep copies of the crew’s licences and proficiency check documents. Additionally, the operator must ensure that the flight check system complies with the standards of the aircraft’s state of registry. In terms of potential breaches and consequences, the instrument includes provisions that make it a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). While consultation under section 17 of the LIA has not been undertaken in this case, as it is a remake of a previous instrument, failure to comply with the conditions of the exemption could result in civil or criminal penalties. The specifics of such penalties are not detailed in the text but generally, non-compliance with aviation regulations can lead to fines, imprisonment, or both, depending on the severity and nature of the breach. The instrument is effective from the day after it is registered and ceases to have effect at the end of 16 October 2009.