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]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for the regulation of civil aviation in Australia, with the Civil Aviation Safety Authority (CASA) being the regulatory body responsible for enforcing these regulations. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations, and regulation 11.160 of CASR 1998 specifically empowers CASA to grant exemptions from certain provisions of the regulations. This authority is exercised in the case of the New Zealand Aerospace Industries CT/4A aeroplane, serial number 68, VH-CTV, which was previously a Royal Australian Air Force (RAAF) military trainer. The aircraft operator requested an exemption from the minimum height requirement for aircraft markings to preserve the historically accurate RAAF livery of the aircraft, which would be compromised if the markings were displayed at the mandated height of 300 millimetres. CASA granted this exemption to allow the operator to display the markings at a reduced height of 50 millimetres on both sides of the stabiliser, while ensuring that the exemption would not have a detrimental effect on the safety of air navigation. This exemption is a legislative instrument under the Legislative Instruments Act 2003 and has been issued by the Director of Aviation Safety on behalf of CASA.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically Regulation 11.160, allow the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions to ensure safety without compromising other important factors such as the historical authenticity of certain aircraft. This particular exemption pertains to the display of markings on the New Zealand Aerospace Industries CT/4A aeroplane, serial number 68, VH-CTV, an ex-Royal Australian Air Force (RAAF) military trainer. 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, as opposed to the 300 millimetres specified in CASR 1998. CASA has determined that this exemption will not adversely affect the safety of air navigation. This legislative instrument, being an exemption, creates a right and obligation for the operator to display markings in a manner that preserves the aircraft’s authentic appearance while complying with safety standards. It is subject to the provisions of the Legislative Instruments Act 2003, including the requirement for tabling and disallowance in Parliament. This exemption is a renewal of CASA EX58/09, which ceased to have effect at the end of July 2011, and will remain in effect until the end of July 2014.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) establish the minimum standards for aircraft markings, including the height of characters, to ensure safety and identification in air navigation. Under regulation 45.065, the minimum height for markings on the New Zealand Aerospace Industries CT/4A aeroplane, VH-CTV, is specified as 300 millimetres. However, section 11.160 of the CASR 1998 provides the Civil Aviation Safety Authority (CASA) with the authority to grant exemptions from these requirements if it deems it safe to do so. The exemption in question, detailed in Instrument CASA EX77/11, allows the operator of the VH-CTV to display the aircraft markings on the stabiliser at a height of 50 millimetres instead of the mandated 300 millimetres, preserving the aircraft’s historical appearance as an ex-Royal Australian Air Force (RAAF) military trainer.
The exemption imposes specific obligations on the operator of the VH-CTV. They must comply with the conditions set out in the exemption, specifically ensuring that the aircraft markings on the stabiliser are displayed at a minimum height of 50 millimetres. This is a departure from the usual requirement of 300 millimetres, but it is deemed acceptable by CASA as it does not compromise the safety of air navigation. The operator must maintain this reduced height for the duration of the exemption, which runs until the end of July 2014. Additionally, the operator must adhere to any other regulatory requirements set forth by CASA and the Civil Aviation Act 1988.
Failure to comply with the terms of the exemption could result in various consequences. The exemption itself is a legislative instrument under the Legislative Instruments Act 2003 (LIA), which means it is subject to parliamentary scrutiny. If the exemption is not properly tabled or if it is disallowed by Parliament, it could lose its legal effect. Furthermore, if CASA determines that the exemption is being breached, it may take enforcement action, which could include fines, suspension of the aircraft’s operating certificate, or other regulatory measures. The precise penalties for non-compliance would be determined by the specific circumstances and the severity of the breach, but they could potentially include financial penalties and other administrative sanctions.