Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — display of markings
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make Regulations.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may, by instrument, grant an exemption under Division 11.F.1 from compliance with a provision in 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. In accordance with subparagraph 45.065 (3) (b) (ii), the minimum height that would be applicable to the markings on other parts (sides of fuselage) of the New Zealand Aerospace Industries CT/4A aeroplane, serial number 68, VH-CTV (the aircraft) is 300 millimetres.
The aircraft is an ex-Royal Australian Air Force (RAAF) military trainer that has been brought to civilian aviation standards as required by CASA Type Acceptance Certificate Number A39, Issue 3.
The operator considers that having the markings displayed in accordance with subparagraph 45.065 (3) (b) (ii) of CASR 1998 would compromise the authentic appearance of the aircraft which the operator wishes to preserve in displaying the aircraft in its original and historically accurate RAAF livery.
The RAAF agreement for display of official RAAF livery is detailed in document DCOORD‑AF 2005 – 027 titled Image Agreement for Use Form.
The exemption allows the operator to display the markings on both sides of the stabiliser of the aircraft with a minimum height of 50 millimetres.
CASA does not consider that the exemption will have a detrimental effect on the safety of air navigation.
Legislative Instruments Act
Under subsection 5 (2) of the Legislative Instruments Act 2003 (the LIA), an instrument is taken to be of a legislative character if it determines the law, or alters the content of the law, rather than applying the law in a particular case and it has the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right, or varying or removing an obligation or right. The exemption is a legislative instrument, since it creates what is a right and obligation to display markings with the minimum height mentioned in the instrument.
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 the renewal of instrument CASA EX58/09 which stopped having effect at the end of July 2011.
The exemption commences on the day of registration and stops having effect at the end of July 2014.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument CASA EX77/11]