Explanatory Statement
Civil Aviation Regulations 1988
Exemption — operations without an approved digital flight data recorder
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft must not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as the Civil Aviation Safety Authority approves or directs.
Subregulation 5 (1) of CAR 1988 provides that whenever CASA is empowered by CAR 1988 to give directions or approvals, it may do so in Civil Aviation Orders (the CAOs).
Civil Aviation Order 20.18 (CAO 20.18) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations. Section 6 of CAO 20.18 requires installation of flight data recorders (FDRs) on certain types of aircraft.
Subregulation 21A (1) of CAR 1988 provides that CASA may issue a design standard for an aircraft component for which no appropriate design standard is in force.
Appendix 1 of Civil Aviation Order 103.19 (CAO 103.19) sets out the parameters, ranges, accuracy and recording intervals for FDRs.
National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services (the operator), operates an aircraft which does not fully comply with CASA regulations because the aircraft had only to comply with United Kingdom regulations at the time of manufacture. At certain altitudes the FDR records at 2 second intervals. The FDR also only records the press to transmit from VHF No. 1 and does not record any squat weight on wheels discrete information. CASA has issued an exemption to enable the operator operate the aircraft while it looks for the required service bulletins and kits to modify the aircraft.
Legislative Instruments Act
Under regulation 5A of CAR 1988, if CASA has issued a direction in the form of a CAO and later issues another direction which has the effect of amending, varying or repealing the CAO, the later instrument is a disallowable instrument. The instrument affects the operation of paragraph 6.1 of CAO 20.18 and Appendix 1 of CAO 103.19.
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. 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 been undertaken with the Australian Transport Bureau and they have agreed to the issue of the exemption. The instrument is for a particular operator and for a limited period to provide the operator additional time to rectify an identified problem.
The instrument commences on the day after it is registered and stops having effect at the end of 30 August 2011.
The instrument has been issued by the Director of Aviation Safety in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX66/10]