CASA EX81/08 – Exemption – display of markings

Overview

The Civil Aviation Safety Regulations 1998 were enacted to provide comprehensive regulations governing the safety of civil aviation operations in Australia. The Civil Aviation Safety Regulations 1998 (CASR 1998) were introduced to address the need for detailed safety standards and procedures in the aviation sector, ensuring that all civil aviation activities meet the required safety benchmarks. This regulatory framework was established under the authority of Section 98 of the Civil Aviation Act 1988, with the Australian Parliament empowering the creation and enforcement of these regulations through the Civil Aviation Authority (CASA). The policy objective of these regulations is to maintain and enhance the safety of air navigation by setting forth clear and enforceable standards that govern the operation of aircraft and related activities. The Civil Aviation Safety Regulations 1998 include provisions for exemptions from certain requirements, as outlined in regulation 11.160, which allows CASA to grant exemptions in specific circumstances. One such exemption pertains to the display of markings on DA 42 aircraft, which have design constraints that make it difficult to meet the height, width, and colour contrast requirements stipulated in regulations 45.065, 45.070, and 45.085(2)(c) of the CASR 1998. CASA has determined that these exemptions do not compromise the safety of air navigation. This exemption, declared a disallowable instrument under the Legislative Instruments Act 2003, is subject to parliamentary scrutiny and potential disallowance. The exemption, issued under CASA EX81/08, was enacted to address these specific design limitations of the DA 42 aircraft and is set to be in effect from 1 January 2009 until 31 December 2010.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) govern a wide array of safety standards and requirements for aircraft operations in Australia. Specifically, the exemption detailed in this legislation addresses the display of markings on aircraft, particularly for the DA 42 aircraft. This exemption, issued under regulation 11.160 of the CASR 1998, allows for deviations from certain marking standards due to design constraints of the DA 42 aircraft. These constraints include the tapered and narrow section of the fuselage which limits the size and proportion of registration markings, as well as restrictions on paint colours and marking locations imposed by the manufacturer. The exemption specifically concerns regulations 45.065, 45.070, and paragraph 45.085(2)(c) of CASR 1998, which pertain to the minimum height and width of characters in aircraft markings, and the requirement for these markings to be legible, unadorned, and of a contrasting colour to their background. The exemption does not affect the overall safety of air navigation according to the Civil Aviation Safety Authority (CASA). This exemption is subject to disallowance under the Legislative Instruments Act 2003, as it is classified as a disallowable instrument, and it was not subject to consultation as it is considered minor and does not significantly alter existing arrangements. The exemption is in effect from 1 January 2009 until 31 December 2010.

Key Provisions

The primary operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) involved in this exemption pertain to the display of aircraft markings. Specifically, regulations 45.065, 45.070, and 45.085(2)(c) outline the minimum height and width of characters in aircraft markings, and how these markings must be displayed. These regulations ensure that aircraft markings are legible, have no ornamentation, and contrast clearly with their background. However, under regulation 11.160 of the CASR 1998, the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions from these requirements, and this authority is exercised in this case for the DA 42 aircraft. This exemption allows for deviations from the specified height and width of markings, as well as from the mandated method of marking, due to the design constraints of the DA 42 aircraft. The obligations and requirements imposed by this exemption on the parties governed by it primarily revolve around the continued operation of the DA 42 aircraft within the parameters set by CASA. Owners and operators of these aircraft must ensure that the exemptions granted are adhered to and that any modifications or markings comply with the alternative specifications provided by CASA. The exemption ensures that these aircraft can be operated safely while taking into account the structural limitations of the aircraft design. Operators must also ensure that the exemptions do not compromise the safety of air navigation or the legibility and visibility of the aircraft markings. Breaches of the provisions outlined in the Civil Aviation Safety Regulations 1998 can lead to both civil and criminal consequences. Under section 92 of the Civil Aviation Act 1988, non-compliance with the CASR 1998 can result in penalties. The maximum penalties for breaches can include fines and imprisonment. Specifically, the Civil Aviation (Safety) Regulations 1998 detail that any person who contravenes a regulation can be liable to a fine not exceeding $15,300 (for individuals) and $76,500 (for bodies corporate). Furthermore, CASA retains the authority to take enforcement actions, including the imposition of additional administrative penalties, against those found to be in breach of the regulations. It is essential that operators of the DA 42 aircraft comply with the exemption terms to avoid any potential penalties or enforcement actions.