CASA EX61/11 – Exemption – from paragraph 42.030(2)(b) and subparagraph 42.030(2)(e)(ii) of CASR 1998

Overview

The Civil Aviation Safety Regulations 1998, as amended by the instrument F2011L01235, provide for an exemption from specific requirements of the Civil Aviation Safety Regulations 1998 (CASR 1998) during a transitional period. Enacted under the authority of the Civil Aviation Act 1988, the instrument was introduced to facilitate a smooth transition for aircraft maintenance operations in alignment with the new standards set by Part 42 of CASR 1998. The objective of the exemption is to ensure the safety of air navigation while allowing maintenance organisations approved under the Civil Aviation Regulations 1988 to continue their operations until they can meet the new standards. The exemption allows registered aircraft operators to continue using these organisations without immediately needing to comply with the new requirements, thus easing the transition and maintaining safety levels during the changeover period. The instrument, which is subject to disallowance by Parliament, will cease to have effect by the end of 26 June 2013.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988, govern the safety standards for aviation in Australia, applying to registered aircraft operators, maintenance organisations, and relevant personnel within the Commonwealth. These regulations ensure compliance with safety standards through the issuance of exemptions that allow for flexibility while maintaining safety. Specifically, the exemption from paragraph 42.030(2)(b) and subparagraph 42.030(2)(e)(ii) of CASR 1998, provides relief to registered aircraft operators during a transition period for the implementation of Part 42, which pertains to maintenance standards. This exemption allows aircraft, which are subject to Part 42, to be maintained by maintenance organisations approved under the older Civil Aviation Regulations 1988, rather than requiring immediate compliance with the new standards. The exemption is valid until 26 June 2013, after which all maintenance must comply with Part 145 of CASR 1998. Conditions attached to the exemption ensure that safety standards equivalent to those of a Certificate of Release to Service (CRS) are met, including final certification in the flight technical log and specific conditions for deferring the rectification of defects. This exemption, declared a disallowable instrument under the Legislative Instruments Act 2003, must be tabled and can be disallowed by Parliament, reflecting the legislative oversight and importance of maintaining safety standards in aviation.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions that mandate specific safety measures for aircraft operations, and these are outlined in sections such as 42.030. For example, paragraph 42.030(2)(b) requires that a certificate of release to service (CRS) must be issued for the maintenance performed on an aircraft before any flight can take place. Similarly, subparagraph 42.030(2)(e)(ii) stipulates that any defects identified during maintenance must be deferred in accordance with the provisions of Subdivision 42.D.6.1. The CASR 1998 also allow the Civil Aviation Safety Authority (CASA) to grant exemptions from certain compliance requirements, as detailed in subregulation 11.160. This regulatory flexibility aims to ensure that an acceptable level of safety is maintained while facilitating the transition to new standards. Under the Civil Aviation Safety Regulations 1998, the obligations for registered aircraft operators are stringent. Operators must ensure that all maintenance is performed by an approved maintenance organisation (AMO) and that a CRS is issued before any flight. If maintenance is carried out by an AMO approved under regulation 30 of the Civil Aviation Regulations 1988 (CAR 1988), a CRS cannot be issued under Part 42 of CASR 1998. Hence, an exemption has been granted to allow such operators to continue operations without a CRS, provided they meet the conditions set forth in the exemption. Additionally, any defects identified during maintenance must be managed according to the deferral requirements specified in Subdivision 42.D.6.1, which are also subject to certain conditions if an exemption is granted. Failure to comply with the conditions of an exemption granted under the Civil Aviation Safety Regulations 1998 can result in significant penalties. Regulation 11.210 specifies that non-compliance with the conditions of an exemption is an offence. The consequences of such non-compliance can include substantial fines and potential imprisonment, as outlined in the Civil Aviation Act 1988. The maximum penalties for these offences are not explicitly stated in the explanatory statement but are governed by the broader legislative framework within which these regulations operate. The exemption provided under the Civil Aviation Safety Regulations 1998 is also subject to the provisions of the Legislative Instruments Act 2003 (LIA). According to subparagraph 6(d)(i) of the LIA, this exemption is classified as a disallowable instrument, meaning it must be tabled and can be disallowed by Parliament under sections 38 and 42 of the LIA. The exemption was issued by the Director of Aviation Safety on behalf of CASA, as per subsection 73(2) of the Civil Aviation Act 1988. This process ensures that the exemption is subject to parliamentary scrutiny, maintaining checks and balances within the legislative framework.