Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — display of markings
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make Regulations.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may, by instrument, grant an exemption under Division 11.F.1 from compliance with a provision in CASR 1998.
Regulation 45.065 of CASR 1998 sets out the minimum height of the characters in a set of aircraft markings. Markings comprise the nationality and registration marks of an aircraft. In accordance with subparagraph 45.065 (3) (b) (ii), the minimum height that would be applicable to the markings on other parts (sides of fuselage) of the New Zealand Aerospace Industries CT/4A aeroplane, serial number 68, VH‑CTV is 300 millimetres.
The New Zealand Aerospace Industries CT/4A aeroplane, serial number 68, is an ex-Royal Australian Air Force (RAAF) military trainer that has been brought to civilian aviation standards as required by CASA Type Acceptance Certificate Number A39, Issue 3.
The operator considers that having the markings displayed in accordance with regulation 45.065 of CASR 1998 would compromise the authentic appearance of the aircraft, which the operator wishes to preserve, in displaying the aircraft in its original and historically accurate RAAF livery.
The RAAF agreement for display of official RAAF livery is detailed in the document, DCOORD-AF 2005 – 027, titled Image Agreement for Use Form.
The exemption allows the operator to display the markings on both sides of the fuselage with a minimum height of 50 millimetres.
CASA does not consider that the exemption will have a detrimental effect on the safety of air navigation.
Legislative Instruments Act
Because it is issued under Subpart 11.F, the exemption is declared to be a disallowable instrument under regulation 11.215 of CASR 1998. 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. As a legislative instrument, 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 because it is the renewal of instrument CASA EX36/07 which stops having effect at the end of July 2009.
The exemption commences on the day after it is registered and stops having effect at the end of July 2011.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Instrument CASA EX58/09]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety and efficiency of civil aviation in Australia. These regulations provide the legal framework for enforcing safety standards and compliance measures across the aviation sector. One particular issue addressed by these regulations is the standardisation of aircraft markings, which are essential for the identification and safety of aircraft during flight and on the ground. The Civil Aviation Safety Regulations 1998, under section 11.160, empower the Civil Aviation Safety Authority (CASA) to grant exemptions from specific regulatory requirements, subject to the authority's assessment of any potential safety implications. This authority stems from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of civil aviation. The policy objective behind these regulations is to maintain a high standard of safety in civil aviation while allowing flexibility to accommodate unique circumstances that do not compromise safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 11.160, empower the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions to ensure safety in civil aviation. This particular exemption, as outlined in the explanatory statement, pertains to the display of markings on the New Zealand Aerospace Industries CT/4A aeroplane, serial number 68, registered as VH-CTV. The exemption specifically relates to the minimum height of characters in the aircraft's markings, allowing for a reduced height of 50 millimetres on the sides of the fuselage instead of the required 300 millimetres. This exemption was granted to preserve the authentic appearance of the aircraft, which has been restored to display its original Royal Australian Air Force (RAAF) livery. CASA has determined that this modification will not compromise the safety of air navigation. The exemption, being a disallowable instrument under the Legislative Instruments Act 2003, is subject to potential disallowance by Parliament and is set to be in effect from the day after its registration until the end of July 2011.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) under section 11.160 allow the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions. Specifically, in this case, CASA has granted an exemption under subparagraph 45.065(3)(b)(ii) that concerns the minimum height for aircraft markings, allowing the New Zealand Aerospace Industries CT/4A aeroplane, serial number 68, with registration VH-CTV, to display markings at a height of 50 millimetres instead of the required 300 millimetres. This exemption is due to the operator's wish to preserve the authentic appearance of the aircraft in its original RAAF livery, as outlined in DCOORD-AF 2005 – 027. CASA has determined that this exemption does not compromise the safety of air navigation.
The obligations imposed by the exemption primarily fall on the operator of the aircraft. They must ensure that the markings are still legible and comply with all other relevant safety regulations. The operator must maintain the aircraft in a condition that meets civilian aviation standards, as per CASA Type Acceptance Certificate Number A39, Issue 3. The exemption does not affect the broader compliance requirements of the CASR 1998 but specifically addresses the height of the aircraft markings.
Failure to comply with the terms of the exemption or the CASR 1998 could result in various civil and criminal consequences. Under section 98 of the Civil Aviation Act 1988, CASA has the authority to enforce the regulations, which may include fines or other penalties for non-compliance. The specifics of any penalties are not detailed in the exemption document but would generally align with the broader provisions of the Act and the CASR 1998. The exemption, being a disallowable instrument, is also subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.