Explanatory Statement
Civil Aviation Regulations 1998
Exemption — display of markings
Section 98 of the Civil Aviation Act 1988 empowers the Governor General to make Regulations.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of the CASR 1998.
Regulation 45.065 of CASR 1998 sets out the minimum height of the characters in a set of aircraft markings. Markings comprise the nationality and registration marks of an aircraft. Regulation 45.070 sets out the minimum width of characters in a set of aircraft markings. Regulation 45.085 sets out how markings are to be marked on aircraft. It requires that the markings are legible, have no ornamentation and must be of a colour that clearly contrasts with their background.
The DA 42 aircraft are a new generation composite based airframes. The tapered and narrow section of the fuselage does not easily facilitate large registration markings. The area available for displaying the mark restricts the proportion between height and width. Furthermore, the manufacturer has restrictions on colours of paint and location of markings. In view of the restrictions imposed by the design of the aircraft, the DA 42 aircraft are exempt from the requirements of regulations 45.065, 45.070 and 45.085. CASA does not consider that the exemption will have a detrimental effect on the safety of air navigation.
Legislative Instruments Act
Because the exemption affects the operation of paragraph 45.065 of CASR 1998, it is declared to be a disallowable instrument under regulation 5A of the Civil Aviation Regulations 1988 (CAR 1988). 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 not been undertaken in this case because it is of a minor or machinery nature and does not substantially alter existing arrangements.
The exemption comes into effect on the day after it is registered. It stops having effect at the end of 31 December 2008.
The exemption has been issued by the Deputy Chief Executive Officer, Operations, a delegate of CASA appointed under regulation 7 of CAR 1988.
[Instrument number CASA EX72/06]
Overview
The Civil Aviation Regulations 1998 (CASR 1998) were enacted to address and regulate various aspects of civil aviation safety, including the specifications for aircraft markings. These regulations are enforced by the Civil Aviation Safety Authority (CASA), which is empowered to grant exemptions under certain conditions to ensure the safe operation of aircraft while accommodating specific design constraints or operational requirements. One such exemption pertains to the display of markings on the DA 42 aircraft, a model with particular design limitations that affect the placement and visibility of standard aircraft markings. This exemption, which was declared under the Legislative Instruments Act 2003, allows these aircraft to deviate from the minimum height and width requirements set forth in CASR 1998, as well as the specifications regarding legibility and colour contrast. The exemption is intended to ensure that the operational safety of these aircraft is not compromised, despite the design constraints that make compliance with standard marking regulations impractical. This measure is subject to disallowance by the Parliament and has been issued by CASA without the need for extensive consultation due to its minor nature.
Scope and Application
The Civil Aviation Regulations 1998, as amended, outline the requirements for aircraft markings, including the minimum height, width, and legibility standards for nationality and registration marks. Regulation 45.065 specifies the minimum height, regulation 45.070 the minimum width, and regulation 45.085 the display requirements for these markings. However, an exemption under regulation 11.160 applies to DA 42 aircraft, given the design limitations of their fuselage which restrict the size and placement of markings. The exemption from regulations 45.065, 45.070, and 45.085 is granted by CASA on the basis that these restrictions do not compromise air navigation safety. This exemption is a legislative instrument as it affects the operation of the Civil Aviation Safety Regulations 1998, and is thus subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The exemption is effective from the day after its registration until the end of 31 December 2008.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) set out several key provisions concerning aircraft markings, which include the minimum height and width of characters in aircraft markings (regulations 45.065 and 45.070), and the requirements for the legibility, ornamentation, and colour contrast of these markings (regulation 45.085). However, regulation 11.160 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from these requirements if certain conditions are met. In this instance, the regulation exempts DA 42 aircraft from the specified marking requirements due to the design constraints of the aircraft, which make it difficult to comply with the standard specifications for legibility and size.
The exemption granted under regulation 11.160 is based on the understanding that the design of the DA 42 aircraft, with its tapered and narrow fuselage, restricts the size and proportion of the registration markings. Additionally, the aircraft manufacturer imposes specific restrictions on the colours of paint and the location of markings. CASA has determined that these restrictions do not compromise the safety of air navigation. Therefore, the exemption allows for smaller and proportionately narrower markings that meet the overall legibility and contrast requirements without strictly adhering to the standard minimum sizes.
As a legislative instrument, the exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). It is declared to be a disallowable instrument under regulation 5A of the Civil Aviation Regulations 1988 (CAR 1988). Because the exemption does not substantially alter existing arrangements and is of a minor or machinery nature, consultation under section 17 of the LIA was not undertaken. The exemption is issued by the Deputy Chief Executive Officer, Operations, who is a delegate of CASA appointed under regulation 7 of CAR 1988.
Breaches of the Civil Aviation Safety Regulations 1998 can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can involve imprisonment. The maximum penalties vary depending on the specific regulation breached and the nature of the offence. Given that this exemption pertains to the display of markings on aircraft, non-compliance with the exempted regulations could result in enforcement actions by CASA, which may include fines or other regulatory sanctions. The exemption is in effect from the day after its registration and ceases to have effect at the end of 31 December 2008.