CASA EX71/07 - Exemption - flight data recording

Overview

The Civil Aviation Regulations 1988, amended by the legislative instrument F2007L04934, was introduced to address a specific issue regarding the flight data recorder (FDR) of the Raytheon B300 aircraft operated by the State of Queensland. The problem identified was that the FDR installed on this particular aircraft did not meet the required standards set out in Appendix 1 of Civil Aviation Order 103.19 and paragraph 6.2 of Civil Aviation Order 20.18. This legislative instrument was enacted to provide the operator with additional time to rectify this issue without compromising safety. The instrument was made by a delegate of the Civil Aviation Safety Authority (CASA) in accordance with the Civil Aviation Act 1988, specifically under subregulation 7(1) of the Civil Aviation Regulations 1988. Although consultation was not undertaken in this instance due to the specific nature and limited duration of the exemption, the instrument was designed to ensure that the operator has sufficient time to address the FDR compliance issue.

Scope and Application

The Civil Aviation Regulations 1988, specifically as modified by this exemption instrument, applies to the Raytheon B300 aircraft bearing the marks VH-SGQ operated by the State of Queensland through its Government Air Wing. This exemption is targeted at a particular entity and is not intended for broader application across other aircraft or operators. It aims to provide the operator with additional time to address the non-compliance of the flight data recorder (FDR) with the requirements of Appendix 1 of CAO 103.19 and paragraph 6.2 of CAO 20.18. The exemption is confined to this particular aircraft and does not extend to other aircraft or operators unless explicitly stated in subsequent legislation. This exemption is made under the authority conferred by the Civil Aviation Act 1988 and is executed through Civil Aviation Orders, thereby extending its regulatory reach within the Commonwealth of Australia. There are no specific exclusions mentioned in the text, but the exemption is clearly limited to the identified aircraft and the particular issue of the FDR. The exemption, being a legislative instrument, is subject to tabling and disallowance provisions under the Legislative Instruments Act 2003. It is noteworthy that consultation under section 17 of the LIA was not undertaken in this instance due to the specific and limited nature of the exemption.

Key Provisions

The key operative sections of the legislation focus on the exemption granted to a particular aircraft operator for flight data recording (FDR) compliance. Specifically, subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988) typically requires Australian aircraft to be equipped with approved instruments and equipment. However, this exemption, as outlined in the explanatory statement, allows the State of Queensland Government Air Wing, operator of the Raytheon B300 aircraft with registration VH-SGQ, to operate their aircraft without fully complying with the FDR requirements set out in Appendix 1 of Civil Aviation Order 103.19 (CAO 103.19) and paragraph 6.2 of Civil Aviation Order 20.18 (CAO 20.18). This exemption is granted to give the operator additional time to address the issue with the FDR. The Act imposes certain obligations on the parties it governs, primarily ensuring that aircraft operations meet safety standards as per the approved instruments and equipment. In this instance, the exemption relieves the operator of the immediate requirement to have a compliant FDR, but the operator must still ensure that safety is not compromised while operating the aircraft under this exemption. This involves working with the Civil Aviation Safety Authority (CASA) to resolve the FDR issue within the stipulated timeframe, which ends on 30 June 2008. There are specific consequences and penalties outlined for breaches of the regulations. Subregulation 308(4) of CAR 1988 declares that the exemption is a disallowable instrument, meaning it is subject to disallowance by Parliament under the Legislative Instruments Act 2003 (LIA). If the exemption were to be disallowed, it would cease to have effect. Additionally, the operator must ensure compliance with all other regulatory requirements to maintain the safety and legality of their operations. Failure to address the FDR issue within the allowed timeframe could result in non-compliance with aviation safety standards, potentially leading to further regulatory action or penalties from CASA.