Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption – carriage of flight data recorder – Pel-Air Aviation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Under regulation 207 of the Civil Aviation Regulations 1988 (CAR 1988), CASA is empowered to issue directions relating to the instruments and equipment to be carried in aircraft engaged in certain kinds of air operation. In accordance with regulation 5 of the CAR 1988, such directions may be issued in the form of a Civil Aviation Order (CAO).
CAO 20.18 sets out directions issued by CASA under regulation 207 in relation to the instruments and equipment to be carried on board aircraft. Paragraph 6.1 of CAO 20.18 requires turbine engine aircraft with a maximum take-off weight (MTOW) in excess of 5,700 kg to be fitted with an approved flight data recorder (FDR) and an approved cockpit voice recorder (CVR).
Exemptions
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of the regulations (including CAR 1988) or the CAOs. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.210, it is an offence to fail to comply with a condition of an exemption.
Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Regulation 5A of the CAR 1988 provides that an exemption, which has the effect of repealing, amending or otherwise affecting the operation of anything in a CAO, is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 (the AIA).
Purpose
This instrument exempts Pel-Air Aviation Pty Ltd (Pel-Air) from compliance with subregulation 207 (2) of CAR 1988, in respect of the requirements of paragraph 6.1 of CAO 20.18 in relation to the operation of 4 Hawker Beechcraft Corporation B200C Beech King aircraft.
These aircraft have recently been modified in accordance with a Supplemental Type Certificate (STC) to increase their gross weight to allow them to carry more fuel to enhance the range and operational flexibility of the kinds of operations for which the aircraft are used by Pel-Air, including aeromedical operations conducted in support of the Royal Flying Doctor Service.
The increase in weight associated with the STC increases the MTOW of the aircraft from below 5 700 kg to in excess of that weight, which means that the aircraft are required to comply with the requirements of paragraph 6.1 of CAO 20.18. Each of the aircraft is currently fitted with an approved CVR, but not an FDR.
Pel-Air has sought approval from CASA of a modular acquisition unit comprising both FDR and CVR and this approval process is expected to be complete by the fourth quarter of 2013.
In the meantime, Pel-Air have sought an exemption until 31 December 2013 from paragraph 6.1 of CAO 20.18 to the extent that it would require these aircraft to be fitted with an approved FDR. After that date, it is anticipated that the modular acquisition unit referred to above will have been installed in the aircraft and they will be compliant with the FDR/CVR requirements specified in the CAO.
CASA considers that, in light of the short period of time for which the exemption will remain in force, the issue of the exemption will preserve an acceptable level of safety. This is reinforced by the fact that the modification of the aircraft to increase its fuel capacity will be a safety enhancement to the existing operational role of the aircraft because it will create greater flexibility and options for flight crew to deal with unanticipated diversions due to weather or other unforeseen circumstances.
Legislative Instruments Act
This instrument is a legislative instrument under paragraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA) because it was declared to be a disallowable instrument for the purposes of section 46A of the AIA before the commencement day of the LIA.
Consultation
CASA consulted with Pel-Air in relation to terms and the duration of the required exemption. CASA also consulted with the Australian Transport Safety Bureau (ATSB) to establish whether it had any objections to the issue of the exemption. The ATSB did not raise any objection.
Commencement and making
The instrument commences on the day after registration and expires at the end of 31 December 2013, as if it had been repealed by another instrument.
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the CASR 1998.
[Instrument number CASA EX80/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — carriage of flight data recorder
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This instrument exempts Pel-Air Aviation Pty Ltd from compliance with subregulation 207 (2) of the Civil Aviation Regulations 1988, in respect of the requirements of paragraph 6.1 of CAO 20.18 in relation to the operation of 4 Hawker Beechcraft Corporation B200C Beech King aircraft.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority