CASA EX74/12 - Exemption - flight and navigation equipment

Overview

The Civil Aviation Safety Regulations 1998, as amended by F2012L01559, introduce a general exemption for certain Australian aircraft from complying with the flight and navigation equipment requirements set out in Civil Aviation Order 20.18. This exemption was enacted to address the gap between the safety standards of new generation aircraft and the existing regulatory requirements, which do not recognise the significant safety enhancements of these aircraft. The exemption was introduced by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988, allowing CASA to issue exemptions from certain regulatory provisions. The policy objective is to enable the operation of Australian aircraft equipped with safety standards that are deemed equivalent to those required by current regulations, thereby facilitating the use of advanced aircraft technologies that meet or exceed the intended safety levels.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, pertain to the operation of aircraft within Australia and are enforced by the Civil Aviation Safety Authority (CASA). The specific regulation in question, Regulation 11.160, allows CASA to issue exemptions from certain provisions of the Civil Aviation Safety Regulations or Civil Aviation Orders (CAOs) to ensure continued safe operations while regulatory updates are being made. This particular exemption focuses on flight and navigation equipment, addressing scenarios where new aircraft designs offer an equivalent level of safety (ELOS) to that intended by the regulations but do not conform to the existing requirements outlined in CAO 20.18. The exemption applies to a class of aircraft and is subject to the condition that the aircraft must meet ELOS criteria as determined by the type certificating authority of the aircraft in consideration of its intended operation. This exemption is a legislative instrument under the Legislative Instruments Act 2003, applicable to a class of aircraft and thus subject to parliamentary oversight. It is important to note that while this exemption is in place, it does not necessitate individual consultations under the Legislative Instruments Act, as it is deemed of minor or machinery nature, and it does not affect any applicable human rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions that permit the Civil Aviation Safety Authority (CASA) to issue exemptions from certain flight and navigation equipment requirements, as per regulation 11.160. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, and subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988) mandates that aircraft must be fitted with approved instruments and equipment, including emergency equipment. Civil Aviation Order 20.18 (CAO 20.18) further specifies the required flight and navigation instruments for aircraft operating in Australia. However, certain new generation aircraft, like the Cessna 680, have safety enhancements not recognised by the current equipment requirements. While the Federal Aviation Administration (FAA) has accepted the equivalent level of safety (ELOS) provided by such aircraft, Australian registered aircraft cannot legally operate without complying with CAO 20.18. Therefore, operators must seek exemptions from CASA. The proposed exemption under the Civil Aviation Safety Regulations 1998 allows certain Australian aircraft to operate without fitting the specific flight and navigation equipment listed in CAO 20.18, provided the aircraft meet an equivalent level of safety determined by the type certificating authority. This exemption applies to a class of aircraft and is subject to the condition that the flight and navigation equipment requirements of CAO 20.18 are met by an alternative means that ensures an equivalent level of safety. This legislative instrument, issued by the Director of Aviation Safety on behalf of CASA, is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 (LIA). Although consultation under section 17 of the LIA has not been undertaken, the instrument is considered minor or of a machinery nature, thus avoiding the need for individual exemptions to each operator. Under the Civil Aviation Safety Regulations 1998, breaching the provisions that require specific flight and navigation equipment can result in significant consequences. Although the specific penalties are not detailed in the provided text, non-compliance with the regulations and orders can generally lead to civil penalties, including fines, or criminal penalties, including imprisonment. The severity of these penalties may depend on the nature and extent of the non-compliance and whether it endangers aviation safety. The exemption provided by the instrument aims to facilitate compliance with safety standards while recognising the advancements in aircraft technology. It ensures that operators can continue to use their aircraft without the need for individual exemption applications, provided the alternative safety measures meet the required safety standards.