Explanatory Statement
Civil Aviation Regulations 1988
Authorisation — to carry out maintenance on warbirds
Exemption — to allow supervision of maintenance
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) enables the Governor-General to make regulations for the Act and the safety of air navigation.
Regulation 42ZC of the Civil Aviation Regulations 1988 (CAR 1988) describes who can perform maintenance on an Australian aircraft in Australian territory.
Subregulation 308 (1) of 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 any condition specified in the exemption as being necessary in the interests of safety.
Carrying out maintenance on ex-military aircraft
This instrument authorises persons to carry out maintenance on aircraft mentioned in subparagraph 21.189 (1) (a) (ii) of the Civil Aviation Safety Regulations 1998 (warbirds), if they are supervised by the holder of an airworthiness authority covering the maintenance.
Background
Regulation 42ZC of CAR 1988, which deals with the maintenance of Australian aircraft in Australian territory, operates by reference to Class A and Class B aircraft. Class A aircraft are either type certified in the transport category or used for commercial purposes as specified in paragraph 206 (1) (c) of CAR 1988. Class B aircraft are all aircraft that are not Class A aircraft.
Under paragraph 42ZC (4) (e) of CAR 1988, a person may carry out maintenance on a Class B aircraft if authorised under subregulation 42ZC (6) to do so. This instrument authorises a person to carry out maintenance on a warbird. The instrument provides that the person may be under the supervision of the holder of an airworthiness authority. The term supervision as defined requires the presence of the holder of the authority and his or her immediate availability to answer questions from the supervised person.
Under clause 1 of Schedule 2, the holder of the airworthiness authority must provide supervision only in a situation in which he or she holds an airworthiness authority covering the maintenance and would be permitted to carry out the maintenance under paragraph 42ZC (4) (a) or (b) of CAR 1988.
Exemption under subregulation 308 (1)
Section 5 of the instrument exempts the holder of an airworthiness authority providing supervision from compliance with subregulation 33B (4) of CAR 1988. Subregulation 33B (4) states that the holder must not contravene a condition to which the authority is subject. Airworthiness authorities are subject to a standard condition that prohibits the holder from supervising maintenance work. This exemption allows the holder of an authority to supervise maintenance under the instrument if they meet the conditions in clause 1 of Schedule 2.
The instrument revokes a previous instrument which did not contain an exemption from subregulation 33B (4) of CAR 1988 but was in other respects identical.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 provides that an exemption is 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 a disallowable instrument under legislation in force before the commencement of the LIA. Under subsection 5 (4) of the LIA where only some provisions of an instrument are of a legislative character, the whole instrument is a legislative instrument. The authorisation and exemption instrument is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The instrument has been prepared on the basis of a proposal received from a section of the aviation industry concerned with the maintenance of warbirds. CASA considered the proposal and decided to issue the authorisation and exemption to facilitate the maintenance of those aircraft, subject to compliance with appropriate conditions.
The instrument commences on the day after it is registered.
The instrument has been made by a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX65/07]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of civil aviation in Australia, with specific provisions governing the maintenance of aircraft. The Civil Aviation Act 1988 provides the legal foundation for these regulations, allowing for the establishment of rules to safeguard air navigation and aircraft operations. One particular gap addressed by the CAR 1988 is the maintenance of ex-military aircraft, commonly known as warbirds, which fall outside the traditional classifications of commercial and private aircraft. The regulations were enacted by the Parliament of Australia to establish a comprehensive framework governing the operation, maintenance, and safety standards of aircraft within Australian territory. The policy objective of the CAR 1988 is to ensure the highest standards of safety in civil aviation, providing clear guidelines and requirements for the maintenance of all types of aircraft, including warbirds.
Scope and Application
The instrument under consideration authorises individuals to perform maintenance on warbirds, which are defined as specified aircraft in subparagraph 21.189(1)(a)(ii) of the Civil Aviation Safety Regulations 1998, provided they are supervised by a holder of an airworthiness authority that covers the maintenance. This authorisation is confined to Class B aircraft, which include all aircraft that are not Class A aircraft, the latter being either type certified in the transport category or used for commercial purposes as outlined in paragraph 206(1)(c) of the Civil Aviation Regulations 1988. This instrument applies to Australian territory, aligning with the jurisdictional scope of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. Additionally, the instrument exempts the holder of an airworthiness authority from certain compliance obligations specified in subregulation 33B(4) of the Civil Aviation Regulations 1988, thereby facilitating the supervision of maintenance activities under specific conditions. This exemption is subject to the interests of safety, as mandated by subregulation 308(1) of the Civil Aviation Regulations 1988, and is a legislative instrument subject to disallowance under the Legislative Instruments Act 2003.
Key Provisions
Regulation 42ZC of the Civil Aviation Regulations 1988 (CAR 1988) specifies who can perform maintenance on Australian aircraft, distinguishing between Class A and Class B aircraft. Class A aircraft include those type certified in the transport category or used for commercial purposes, while Class B aircraft encompass all others. Under this regulation, maintenance on Class B aircraft, which includes warbirds, can be carried out by authorised individuals, provided they are supervised by someone holding an airworthiness authority that covers the maintenance. This supervision must involve the physical presence of the authority holder and their immediate availability to answer any questions from the person performing the maintenance (CAR 1988, subregulation 42ZC(4)(e)).
The obligations imposed by this legislation primarily concern the authorisation and supervision requirements for performing maintenance on warbirds. For instance, the instrument requires that any maintenance on warbirds must be supervised by a person holding an appropriate airworthiness authority. This authority holder must be physically present and immediately available to provide guidance and answer questions during the maintenance process (CAR 1988, clause 1 of Schedule 2). Furthermore, the authority holder must comply with any conditions specified in the exemption as necessary for safety, ensuring that all maintenance activities adhere to safety standards.
Failure to comply with the provisions of this instrument can result in significant legal consequences. For example, any person who contravenes the conditions of the authorisation or exemption may face enforcement actions. Under subregulation 308(4) of CAR 1988, an exemption is a disallowable instrument, meaning it can be subject to disallowance by Parliament under the Legislative Instruments Act 2003. Additionally, any breach of the conditions under which the exemption is granted may lead to revocation of the airworthiness authority, which could further impact the individual’s ability to perform maintenance on aircraft. In terms of penalties, while specific monetary fines are not detailed in the provided text, non-compliance can generally lead to enforcement actions which might include fines and other administrative penalties as stipulated by relevant aviation safety regulations.