CASA EX58/07 - Exemption - replacement components

Overview

The Civil Aviation Regulations 1988 were amended in 2007 through F2007L04400, an instrument issued by the Civil Aviation Safety Authority (CASA) under the authority of section 98 of the Civil Aviation Act 1988. The amendment aimed to address a gap in the regulations concerning the replacement of aircraft components by allowing CASA to exempt certain manufacturers from a specific requirement. The Civil Aviation Regulations 1988 (CAR 1988) previously required that replacement components be approved for use in an Australian Parts Manufacturer’s Approval under regulation 21.303 of the Civil Aviation Safety Regulations 1998 (CASR 1998). However, CASA identified that this condition could exclude qualified manufacturers from supplying replacement parts. Therefore, the exemption permits manufacturers to supply replacement parts approved under any of Part 21.F, Part 21.G, Part 21.K, or Part 21.O of the CASR 1998, provided that the part is usable as a replacement in accordance with a design approved under CAR 1988 or CASR 1998, or is specified in approved maintenance data. This exemption is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The exemption instrument, CASA EX58/07, is a renewal of a previous exemption and is beneficial to the industry, though consultation under section 17 of the Legislative Instruments Act 2003 was not undertaken.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue exemptions from compliance with specified provisions of CAR 1988 for aircraft and persons associated with their operation. This includes the ability to exempt certain aircraft components from strict regulatory compliance, subject to specific conditions. Subregulation 42W(2) of CAR 1988 outlines the conditions under which an aircraft component may be replaced with another, and CASA has determined that certain components manufactured under specific approvals under the Civil Aviation Safety Regulations 1998 (CASR 1998) can be exempted from stringent requirements to allow for broader industry participation. This exemption applies to components manufactured under any of Part 21.F, Part 21.G, Part 21.K or Part 21.O of CASR 1998, provided they are usable as a replacement in accordance with an approved design or specified in approved maintenance data. The exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, though consultation under section 17 of that Act was not undertaken for this particular exemption, which is a renewal of a previous exemption instrument.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) establish the framework within which the Civil Aviation Safety Authority (CASA) can issue exemptions from certain regulatory requirements. Specifically, under subregulation 308(1) of CAR 1988, CASA has the authority to exempt aircraft, or persons involved in the operation of the aircraft, from specific provisions of the CAR 1988. This power is exercised to ensure that the aviation industry can continue to function smoothly and safely despite potential regulatory hurdles. Subregulation 42W(2) of CAR 1988 outlines the conditions under which an aircraft component may be replaced, including the requirement that the replacement component must be approved for use as a replacement in an Australian Parts Manufacturer’s Approval issued under regulation 21.303 of the Civil Aviation Safety Regulations 1998 (CASR 1998). However, CASA has identified that this condition may exclude some manufacturers who are otherwise qualified from supplying replacement parts. To address this, CASA has proposed to amend regulation 42W, and in the interim, issued an exemption under subregulation 308(1) of CAR 1988. The exemption, CASA EX58/07, allows manufacturers to supply replacement parts that have been manufactured under approval issued under any of Part 21.F, Part 21.G, Part 21.K, or Part 21.O of CASR 1998. This broader scope is intended to include more manufacturers in the supply chain for replacement parts, thereby promoting flexibility and efficiency within the industry. The exemption is issued with the condition that the replacement part must either be useable as a replacement in accordance with a design approved under CAR 1988 or CASR 1988, or be specified in approved maintenance data for use as a replacement for the particular component that is replaced. This ensures that any replacement parts supplied under the exemption are safe and fit for purpose. The exemption is subject to certain obligations and requirements. Manufacturers must ensure that any replacement parts supplied under this exemption are useable as replacements in accordance with approved designs or maintenance data. This means that the replacement parts must be compliant with safety standards and must be suitable for the intended aircraft. Additionally, CASA, as the regulatory body, must ensure that any exemptions granted do not compromise safety standards. This is a critical obligation to maintain the safety and integrity of the aviation industry. Furthermore, the exemption is a legislative instrument, and as such, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). This ensures that the Parliament has an opportunity to review and potentially disallow the exemption if it is deemed inappropriate. Breach of the conditions of the exemption could lead to civil or criminal consequences. Although specific penalties are not detailed in the explanatory statement, the general Civil Aviation Act 1988 provides for penalties for non-compliance with regulations. For instance, serious breaches of safety regulations can result in fines of up to $21,000 for individuals and $105,000 for corporations, along with potential imprisonment. It is important for manufacturers and operators to comply strictly with the conditions of the exemption to avoid such consequences. The exemption, CASA EX58/07, is effective from the day after it is registered and will cease to have effect at the end of 30 November 2009.