Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — display of markings on Boeing Stearman bi-plane
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of CASR 1998. CASA may grant an exemption to a person or a class of person.
Subregulation 11.205 (1) of CASR 1998 provides that CASA may impose on an exemption any condition necessary in the interests of the safety of air navigation.
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 aeroplane. In accordance with subparagraph 45.065 (3) (b) (ii), the minimum height that would be applicable to the markings on the side of the Boeing Stearman bi-plane VH-ZYZ is 300 millimetres.
The Boeing Stearman bi-plane is an old World War II training aeroplane. The operator considers that having the markings displayed in accordance with regulation 45.065 would compromise the authentic appearance of the aircraft, which the operator wishes to preserve. As requested, the exemption allows the operator to display the markings on both sides of the fuselage with a minimum height of not less than 50 millimetres. For the sake of authenticity, the aircraft is also painted in a particular colour scheme. The exemption will cease to apply at the end of 30 June 2014 or the day on which the colour scheme is changed, whichever happens first.
CASA does not consider that the exemption will have a detrimental effect on the safety of air navigation.
Legislative Instruments Act
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 in legislation in force before the commencement of the LIA. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. The exemption is, therefore, a legislative instrument and 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. The instrument is of a minor or machinery nature and renews a previous instrument, CASA EX51/09, issued for the same aircraft.
The exemption commences on 1 July 2011 and stops having effect at the earlier of:
(a) the day on which the aircraft’s colour scheme is changed; or
(b) the end of 30 June 2014.
The exemption has been issued by the Acting Director Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX63/11]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide a regulatory framework ensuring the safety of civil aviation operations in Australia. This legislation was introduced to address the need for detailed regulations governing civil aviation safety, in alignment with the overarching Civil Aviation Act 1988. The Civil Aviation Safety Regulations 1998 were made by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988. The policy objective of these regulations is to maintain the highest possible safety standards in civil aviation through stringent compliance requirements and the ability to grant exemptions where necessary, ensuring the preservation of historical authenticity without compromising safety. This approach balances the need for historical preservation with the paramount importance of air navigation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, amended by the exemption detailed in CASA EX63/11, applies specifically to the Boeing Stearman bi-plane with the registration VH-ZYZ, operated by an individual or entity seeking to preserve the aircraft's historical authenticity. This exemption pertains to the display of aircraft markings, specifically the nationality and registration marks, which under the usual regulations must be a minimum of 300 millimetres in height. However, given the operator's intent to maintain the aircraft's authentic appearance, the exemption allows for these markings to be displayed at a reduced height of not less than 50 millimetres. The exemption is valid until either the aircraft's colour scheme is altered or until 30 June 2014, whichever occurs first. The exemption is subject to disallowance under the Legislative Instruments Act 2003, but no parliamentary disallowance process was undertaken due to the minor nature of the instrument. The exemption is a legislative instrument and was issued by the Acting Director of Aviation Safety on behalf of CASA, ensuring compliance with the Civil Aviation Act 1988 and its related regulations.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) under section 11.160(1) permit the Civil Aviation Safety Authority (CASA) to grant exemptions from specific regulatory requirements to ensure compliance with safety standards. This particular exemption, outlined in section 45.065, allows the operator of the Boeing Stearman bi-plane VH-ZYZ to display aircraft markings at a height of not less than 50 millimetres, rather than the minimum height of 300 millimetres required by regulation. This exemption is intended to maintain the aircraft's authentic World War II appearance, which the operator values highly.
The obligations imposed by this exemption require CASA to ensure that granting the exemption does not compromise the safety of air navigation. CASA must also impose any conditions deemed necessary to uphold safety standards, as per subregulation 11.205(1) of the CASR 1998. The exemption is valid until either the aircraft’s colour scheme is changed or 30 June 2014, whichever occurs first. Additionally, the exemption must be tabled and can be subject to disallowance in Parliament, as it is considered a disallowable instrument under the Legislative Instruments Act 2003.
Failing to comply with the conditions of this exemption could result in legal consequences. Under the Civil Aviation Act 1988, violations may be subject to enforcement actions. Although specific penalties are not detailed in the explanatory statement, breaches of aviation safety regulations can generally lead to fines and other civil or criminal penalties as outlined in the Act. The exact penalties depend on the nature and severity of the breach.