CASA EX80/09 – Exemption – flight data recording

Overview

The Civil Aviation (Flight Data Recorders) Exemption Order 2009 (F2009L03631) was enacted to address a specific gap in the Civil Aviation Regulations 1988 (CAR 1988) concerning the installation of flight data recorders (FDRs) on certain aircraft. The Civil Aviation Act 1988 empowers the Governor-General to make regulations, with subregulation 207(2) of the CAR 1988 stipulating that Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) for certain classes of operations. The exemption order was introduced to allow the Cessna aircraft model 525B, which was type certificated by the Federal Aviation Administration (FAA) without an FDR, to operate in Australia without an FDR for private operations due to its maximum take-off weight slightly exceeding 5,700 kg. This exemption is intended to facilitate operations until CASA reviews the FDR requirements in the Civil Aviation Orders (CAO) and makes any necessary changes. The exemption was issued by the Director of Aviation Safety on behalf of CASA and is subject to disallowance under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the exemption instrument CASA EX80/09, provides an exemption for Australian registered Cessna aircraft model 525B from the requirement to be fitted with a flight data recorder (FDR) for private operations. This exemption applies to aircraft that are not required to have an FDR under the Federal Aviation Administration (FAA) regulations, which is the case for this specific model due to its operational category and passenger seat configuration. The exemption is aimed at facilitating the operation of this new design aircraft in Australia, pending a review by the Civil Aviation Safety Authority (CASA) of the FDR requirements in the Civil Aviation Orders (CAO). Geographically, the exemption applies within the national jurisdiction of Australia, affecting aircraft registered and operated within the country. The exemption does not extend to commercial operations or aircraft used in classes of operations that require FDRs under CAO 20.18. The instrument is subject to disallowance under the Legislative Instruments Act 2003 and comes into effect from 1 October 2009 until 30 September 2011, replacing the earlier exemption CASA EX44/06.

Key Provisions

The main operative sections of this legislation focus on the exemption of the Cessna aircraft model 525B from the requirement to install a flight data recorder (FDR) for private operations, as detailed in subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988) and further specified in Civil Aviation Order 20.18 (CAO 20.18). Despite the aircraft's maximum take-off weight (MTOW) exceeding 5,700 kg, which typically mandates the installation of an FDR, the exemption allows the aircraft to operate without one for private flights. This exemption is valid until the end of 30 September 2011, as stated in the instrument issued by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA). The Act imposes certain obligations on the parties involved, particularly on CASA, which must ensure that Australian aircraft comply with the regulations and orders concerning the installation of FDRs. CASA is empowered under section 98 of the Civil Aviation Act 1988 to make regulations and under subregulation 5(1) of CAR 1988 to issue directions and approvals through CAOs. In this case, CASA issued an exemption that temporarily allows the Cessna model 525B to operate without an FDR, recognising the safety enhancements of the new design and the minor safety benefits of retrofitting an FDR. This exemption also mandates that CASA review the FDR requirements in CAO 20.18, reflecting its commitment to safety and regulatory alignment with international standards. In terms of potential breaches and consequences, the legislation does not explicitly outline specific offences or penalties for non-compliance with the exemption. However, any deviation from the conditions set by the exemption could lead to regulatory scrutiny and potential enforcement actions by CASA. The exemption itself is a legislative instrument under the Legislative Instruments Act 2003 (LIA), which means it is subject to disallowance by Parliament if deemed inappropriate or inconsistent with the governing Acts. Furthermore, while consultation under section 17 of the LIA was not undertaken, the nature of the exemption suggests that it was considered a minor regulatory adjustment. The exemption allows the Cessna aircraft model 525B to operate without an FDR for private flights until the end of 30 September 2011, but it does not exempt the aircraft from other safety regulations. CASA's decision to issue this exemption reflects a balance between recognising the aircraft's new design and safety features and ensuring compliance with Australian aviation safety standards. The legislation clearly outlines the temporary nature of the exemption and CASA's intention to review the FDR requirements in CAO 20.18, indicating ongoing commitment to safety and regulatory alignment.