Explanatory Statement
Civil Aviation Regulations 1988
Exemption — training and checking organisation, flight check system
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of 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.
Subregulation 217 (1) of CAR 1988
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. However, CASA instruments EX24/2002 and EX38/2004 exempt virtually all single engine aircraft engaged in aerial work operations (for example, fire fighting) from regulation 217.
The MIL-8 multi-engine helicopter is a large, firefighting, multi-engine aircraft with a maximum take-off weight in excess of 5 700 kg. Its size brings it within the scope of regulation 217, and its multi-engines place it outside the scope of CASA EX24/2002 and EX38/2004.
No CASA Flying Operations Inspectors (FOIs) are endorsed on type. The nature of the short-term contract work of these firefighting helicopters makes it impractical to endorse CASA FOIs on type to permit a CAR 217 organisation to be established by the AOC holder.
The instrument, therefore, exempts 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 firefighting purposes. Only pilots who meet the Civil Aviation Administration of the Republic of Moldova’s regulations and operator check and training proficiency requirements may fly the aircraft. The operator’s chief pilot must sight, verify and keep copies of the crew’s licences and proficiency check documents.
Regulation 232 of CAR 1988
Subregulation 232 (1) of CAR 1988 provides that the operator of an aircraft must establish a flight check system for each type of aircraft, setting out the procedures to be followed by the pilot in command and other crew members prior to and on take‑off, on landing, and in emergency situations.
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 this aircraft to be approved involves a significant resource impost on both CASA and the operator with no significant enhancement in safety.
This exemption, therefore, exempts the operator of this 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 Civil Aviation Administration of the Republic of Moldova’s requirements.
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 under section 17 of the LIA has not been undertaken in this case. The instrument is required by the operator to facilitate firefighting operations. Similar exemptions have been issued to other operators who requested it and who met the safety conditions.
The instrument commences on 1 December 2006. It stops having effect at the end of 30 April 2007.
The exemption has been made by the Deputy Chief Executive Officer, Operations, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX63/06]