Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemptions — applicable to Part 42 aircraft
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 (CAR 1988) or a provision of the Civil Aviation Orders (the CAOs), in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
The instrument of exemption provides exemptions from various provisions of
CAR 1988 that deal with matters such as the design of a modification or repair to an aircraft (regulation 42U), compliance with the aircraft’s approved maintenance data
(regulation 42V), the installation and use of aircraft components (regulations 42W
and 42ZA), who may carry out maintenance on Australian aircraft inside or outside Australian territory (regulations 42ZC, 42ZD and 42ZN), and the need for the pilot to carry on the aircraft its latest maintenance release or approved alternative document (paragraph 139 (1) (c)). The exemptions will apply to aircraft subject to Part 42 of CASR 1998 (Part 42). Aircraft subject to Part 42, which deals with continuing airworthiness, have to comply with equivalent standards but Part 42 contains different means of compliance.
Exemption from regulations 42U, 42V, 42W, 42X and subregulation 42ZE (1)
Part 42 includes continuing requirements for aircraft and aeronautical products. Part 42 also provides (through regulations 42.295 and 42.300) permission for persons to carry out maintenance on aircraft and aeronautical products to which Part 42 applies. Persons permitted to carry out maintenance under Part 42 must comply with performance rules in Part 42 for carrying out maintenance. Part 4A of CAR 1988 also includes regulations relating to carrying out maintenance that the existing maintenance organisations, approved under regulation 30, must comply with. However, as there are no transitional regulations that prevent the application of these regulations to persons carrying out maintenance under Part 42, these regulations equally apply to persons carrying out maintenance under Part 42. It is, therefore, necessary to exempt persons carrying out maintenance under Part 42 from complying with Part 4A of CAR 1988.
Exemption from regulation 42ZA
Part 42 puts an obligation on the person carrying out maintenance to ensure aeronautical products used in maintenance meet the requirements of Subpart 42.D. This exemption is necessary to ensure the holder of the certificate of registration for, the operator of, and the pilot in command of, an aircraft, to which Part 42 applies, are no longer responsible for compliance with regulation 42ZA of CAR 1988 which deals with similar matters.
Exemption from subregulation 42ZC (1) and subregulation 42ZD (1)
Part 42 puts an obligation on the registered operator to ensure maintenance is carried out by the persons who are permitted under Part 42 to carry out maintenance. This exemption is necessary to ensure the holder of the certificate of registration for, the operator of, and the pilot in command of, an aircraft, to which Part 42 applies, are no longer responsible for compliance with subregulations 42ZC (1) and 42ZD (1) of CAR 1988 which deal with similar matters.
Exemption from regulation 42ZN
The holder of the certificate of registration for a Part 42 aircraft, on which maintenance has been carried out outside Australian territory, is exempt from compliance with regulation 42ZN of CAR 1988. Regulation 42ZN contains requirements for certification of the completion of such maintenance.
Part 42 contains its own requirements for releasing an aircraft to service after completion of maintenance.
Exemption from subregulation 42ZV (1)
Part 42 requires the registered operator of an aircraft that is authorised to operate under an AOC, issued for the purpose of paragraph 206 (1) (c) of CAR 1988, to be approved as a continuing airworthiness management organisation (CAMO). This exemption is necessary to ensure the operator of such an aircraft is no longer responsible for compliance with subregulation 42ZV (1) of CAR 1988 which requires the appointment of a maintenance controller that has similar responsibilities to a CAMO.
Exemption from subregulations 42ZY (1), (2) and (3)
Part 42 requires the registered operator of an aircraft that is authorised to operate under an AOC, issued for the purpose of paragraph 206 (1) (c) of CAR 1988, to be approved as a CAMO. The CAMO is required to have an exposition that replaces the maintenance control manual. This exemption is necessary to ensure the operator of such an aircraft is no longer responsible for compliance with subregulations 42ZY (1), (2) and (3) of
CAR 1988 which require a maintenance control manual.
Exemption from subregulation 43B (1)
Part 42 puts an obligation on the pilot in command of an aircraft to record the aircraft’s time-in-service in the aircraft’s flight technical log, unless this information is recorded electronically from the aircraft’s system. This exemption is necessary to ensure the owner, operator and pilot in command of an aircraft, to which Part 42 applies, are no longer responsible for compliance with subregulation 43B (1) of CAR 1988 which requires recording of time-in-service for the aircraft.
Exemption from subregulation 50 (2)
There is no requirement to have a maintenance release for an aircraft to which Part 42 applies. This exemption is necessary to ensure the holder of the certificate of registration for, the operator of, and the flight crew members of, an aircraft, to which Part 42 applies, are no longer responsible for compliance with subregulation 50 (2) of CAR 1988 that requires defect and major damage to be recorded in the maintenance release.
Exemption from subregulation 50A (1)
Part 42 requires the registered operator of an aircraft to have a continuing airworthiness record system for the aircraft. The continuing airworthiness record system requires all the information that is currently recorded in the log book to be included in the continuing airworthiness record system. This exemption is necessary to ensure the holder of the certificate of registration for an aircraft, to which Part 42 applies, is no longer required to comply with subregulation 50A (1) of CAR 1988 which requires a log book for the aircraft.
Exemption from paragraph 139 (1) (c)
There is no requirement to have a maintenance release for an aircraft to which Part 42 applies. This exemption is necessary to ensure the pilot in command of an aircraft, to which Part 42 applies, is no longer responsible for compliance with paragraph 139 (1) (c) of CAR 1988 which requires carriage of a current maintenance release on the aircraft.
Exemption from subregulation 214 (1)
A maintenance organisation approved under Part 145 of CASR 1998 is responsible for ensuring the individuals carrying maintenance are competent. This exemption is necessary to ensure the operator of an aircraft, to which Part 42 applies, is no longer responsible under subregulation 214 (1) of CAR 1988 in respect of the training of maintenance personnel of Part 145 organisations.
Legislative Instruments Act
Under subsection 98 (5) of the Act, where the regulations provide for certain instruments to be issued in the form of CAOs, such CAOs are declared to be disallowable instruments. 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 instrument of 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
Consultation under section 17 of the LIA has not been undertaken in relation to this particular instrument because extensive consultation under section 17 of the LIA was undertaken before the introduction of Part 42 of CASR 1998 which deals with the continuing airworthiness management of aircraft used for regular public transport operations. The issue of the exemption is consequential on the introduction of that Part and is intended to facilitate a transition to the standards of that Part 42 for organisations responsible for continuing airworthiness that would otherwise also have to comply with the provisions of CAR 1988 from which exemptions have been provided. The instrument is a renewal of a previous instrument, CASA EX60/11. Its continuation is considered necessary.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Making and commencement
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day after registration. It expires at the end of 26 June 2016, as if it had been repealed by another instrument.
[Instrument number CASA EX67/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemptions — applicable to Part 42 aircraft
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument is consequential on the introduction of Part 42 of the
Civil Aviation Safety Regulations 1998. It is intended to facilitate a transition to the standards of that Part for organisations responsible for continuing airworthiness which would otherwise have to comply as well with the provisions of the Civil Aviation Regulations 1988 from which exemptions have been provided.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority