Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — display of markings
Legislation
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make Regulations.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of 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. Regulation 45.070 sets out the minimum width of characters in a set of aircraft markings. Regulation 45.085 sets out how markings are to be marked on aircraft. It requires that the markings are legible, have no ornamentation and must be of a colour that clearly contrasts with their background.
The DA 42 aircraft are a new generation composite based airframes. The tapered and narrow section of the fuselage does not easily facilitate large registration markings. The area available for displaying the mark restricts the proportion between height and width. Furthermore, the manufacturer has restrictions on colours of paint and location of markings. In view of the restrictions imposed by the design of the aircraft, the DA 42 aircraft are exempt from the requirements of regulations 45.065, 45.070 and paragraph 45.085 (2) (c) of CASR 1998. CASA does not consider that the exemption will have a detrimental effect on the safety of air navigation.
Legislative Instruments Act
Because the exemption affects the operation of paragraph 45.065 of CASR 1998, it is declared to be a disallowable instrument under regulation 11.215 of CASR 1998. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. 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 of a minor or machinery nature and does not substantially alter existing arrangements. The instrument renews CASA EX72/06 which expires at the end of 31 December 2008.
The exemption commences on 1 January 2009. It stops having effect at the end of 31 December 2010.
The exemption has been issued by a delegate of CASA appointed under regulation 11.260 of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA EX81/08]