CASA EX66/10 – Exemption – operations without an approved digital flight data recorder

Overview

The Civil Aviation Regulations 1988, as amended by F2010L02348, was enacted to address the specific needs of operators such as National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services, who operate aircraft that do not fully comply with current Australian regulations. The primary concern was the aircraft's non-compliance with Australian standards, particularly regarding the flight data recorders (FDRs) that were only required to meet United Kingdom regulations at the time of manufacture. This legislation was introduced to provide a temporary exemption to ensure the aircraft could continue to operate while the necessary modifications are being sought. The instrument was issued under the authority of the Civil Aviation Act 1988, with the policy objective of facilitating compliance while allowing the operator to address the non-conformance issues. The exemption is subject to disallowance by the Parliament, reflecting the legislative intent to balance operational needs with safety standards.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) and associated Civil Aviation Orders (CAOs) govern the mandatory requirements for aircraft instruments and equipment, including digital flight data recorders (FDRs), in Australia. Specifically, Subregulation 207(2) of CAR 1988 mandates that Australian aircraft must be equipped with approved instruments and equipment, including emergency equipment, for certain classes of operations. The Civil Aviation Safety Authority (CASA) issues specific requirements for FDRs in CAO 20.18, which applies to certain types of aircraft. This regulatory framework applies to all Australian aircraft and operators within the Commonwealth of Australia. However, the regulations acknowledge the possibility of exemptions to allow operators to rectify non-compliance issues temporarily, as seen in the case of National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services, which received an exemption to operate a non-compliant aircraft while seeking modifications. The exemption, issued under the authority of the Civil Aviation Act 1988 and subject to parliamentary disallowance under the Legislative Instruments Act 2003, is specifically tailored to this operator for a limited period and is subject to consultation with the Australian Transport Bureau.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain provisions that are crucial for the safe and compliant operation of Australian aircraft. Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations, and subregulation 207(2) of CAR 1988 stipulates that an Australian aircraft must not be used in any class of operations unless it is equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA). Furthermore, subregulation 5(1) of CAR 1988 allows CASA to give such approvals or directions in Civil Aviation Orders (CAOs). For example, CAO 20.18 specifies the instruments and equipment required for Australian aircraft engaged in certain classes of operations, including the installation of flight data recorders (FDRs) on certain types of aircraft as outlined in Section 6 of CAO 20.18. Additionally, subregulation 21A(1) of CAR 1988 permits CASA to issue a design standard for an aircraft component when no appropriate design standard is in force. This regulation is supplemented by the technical requirements outlined in Appendix 1 of CAO 103.19, which details the parameters, ranges, accuracy, and recording intervals for FDRs. In the context of the exemption issued to National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services, the operator is permitted to operate an aircraft that does not fully comply with CASA regulations. The aircraft in question was manufactured under United Kingdom regulations, which differ from those in Australia, and currently records data at 2-second intervals at certain altitudes, and only records the press to transmit from VHF No. 1, without capturing squat weight on wheels discrete information. CASA has issued an exemption (CASA EX66/10) to allow the operator additional time to find the necessary service bulletins and kits to modify the aircraft, thereby ensuring compliance with Australian standards. Under the Legislative Instruments Act 2003 (LIA), certain instruments are subject to disallowance by Parliament. Regulation 5A of CAR 1988 states that if CASA issues a direction in the form of a CAO and subsequently issues another direction that amends, varies, or repeals the CAO, the later instrument is a disallowable instrument. Subregulation 308(4) of CAR 1988 declares an exemption to be a disallowable instrument, and under subparagraph 6(d)(i) of the LIA, such an instrument is considered a legislative instrument for the purposes of section 5 of the LIA. As a result, this exemption is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. Consultation with the Australian Transport Bureau has been completed, and they have agreed to the issuance of the exemption, which is specific to a particular operator and for a limited period. This exemption is designed to provide the operator with additional time to address the identified issues with their aircraft. The exemption commences on the day after it is registered and will cease to have effect at the end of 30 August 2011. It has been issued by the Director of Aviation Safety in accordance with subsection 73(2) of the Act.