CASA EX77/09 – Exemption – flight and navigation equipment

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety and regulation of civil aviation in Australia. One of the key aspects of these regulations is the requirement for aircraft to be equipped with specific flight and navigation instruments, as detailed in Civil Aviation Orders (CAOs). The problem this legislation addresses is the discrepancy between the safety enhancements in new generation aircraft designs and the current regulatory requirements, which do not fully recognise these advancements. This gap leaves operators of Australian registered aircraft in a legal quandary, as they cannot operate without meeting the CAO requirements, even when the aircraft design provides an equivalent level of safety. To address this issue, the Civil Aviation Safety Authority (CASA) issued an exemption under the Civil Aviation Act 1988, allowing Australian registered aircraft to operate without the specific flight and navigation equipment stipulated in CAO 20.18, provided that an alternative means of compliance is used that meets the equivalent level of safety as determined by the type certificating authority. This exemption aims to bridge the regulatory gap until the CAO is amended to reflect the advancements in aircraft design. The exemption, issued by CASA, is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) govern the safety standards and equipment requirements for aircraft operating within Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to issue regulations through subordinate instruments, such as Civil Aviation Orders (CAOs), which are created and enforced by the Civil Aviation Safety Authority (CASA). The specific regulation in focus here is Subregulation 207(2) of CAR 1988, which mandates that Australian aircraft must not be used in any class of operation unless they are equipped with approved instruments and equipment, including emergency equipment, as directed by CASA. Currently, CAO 20.18 outlines the mandatory flight and navigation instruments required for aircraft operating in Australia. However, newer aircraft models, such as the Cessna 680, possess advanced safety features that are not recognised by existing regulations, leading to a conflict where these aircraft cannot legally operate in Australia without retrofitting equipment that CASA deems necessary. To address this issue, CASA has issued a temporary exemption, allowing operators to fly these aircraft if they meet the equivalent level of safety determined by the aircraft's type certificating authority. This exemption is subject to specific conditions and is intended to remain in effect until CAO 20.18 is amended to recognise the advanced safety features of newer aircraft designs.

Key Provisions

The Civil Aviation Regulations 1988, as amended by F2009L03601, provide a temporary exemption from certain flight and navigation equipment requirements for Australian aircraft. This exemption is particularly relevant to new generation aircraft designs, such as the Cessna 680, which have been determined to provide an equivalent level of safety (ELOS) but do not meet the current requirements specified in Civil Aviation Order (CAO) 20.18. This instrument allows for the operation of such aircraft in Australia until the CAO 20.18 is amended to recognise these new design standards. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations, and subregulation 207(2) of the Civil Aviation Regulations 1988 mandates that Australian aircraft must be fitted with approved instruments and equipment. However, subregulation 5(1) allows the Civil Aviation Safety Authority (CASA) to issue directions or approvals in Civil Aviation Orders (CAOs). CAO 20.18, while requiring certain flight and navigation instruments, does not currently recognise the enhanced safety features of new aircraft designs, such as the Cessna 680, which have been approved by foreign aviation authorities. This exemption imposes specific obligations on aircraft operators, requiring them to ensure that any aircraft operated under the exemption must meet alternative flight and navigation equipment requirements that provide an equivalent level of safety. This is determined by the type certificating authority for the aircraft in question, taking into consideration its intended operation. Operators must ensure that the alternative compliance measures are in place and operational before using the aircraft in any class of operation. The exemption is a temporary measure, effective from 1 October 2009 until 30 September 2011, pending the amendment of CAO 20.18. CASA, as the regulatory body, has the authority to issue this exemption under subsection 84A(2) of the Act. The exemption is also subject to the Legislative Instruments Act 2003, which classifies it as a legislative instrument subject to tabling and disallowance in Parliament. Failure to comply with the conditions of the exemption, or to meet the alternative safety requirements, could result in serious safety issues and potential regulatory action. While the specific offences, penalties, or consequences for breach are not detailed in the explanatory statement, it is reasonable to infer that non-compliance could lead to enforcement actions under the Civil Aviation Act 1988 or other relevant legislation. Such actions could include fines, suspension or revocation of aircraft operating certificates, and other civil or criminal penalties as prescribed by law. The exact penalties would depend on the nature and severity of the breach, but could potentially include substantial financial penalties and imprisonment for serious offences.