CASA EX82/14 - Exemption — Boeing 717 flight data recorder system (National Jet Systems)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L01056 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — Boeing 717 flight data recorder systems (National Jet Systems)

 

Legislation

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Civil Aviation Act 1988 (the Act), CASA may grant an exemption from a provision of the regulations, including a provision of the Civil Aviation Orders (the CAOs), in relation to a matter mentioned in that subsection.

 

Under subregulation 11.160 (2) of CASR 1998, an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

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 11.225, 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).

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Paragraph 6.3 of Civil Aviation Order 20.18 (CAO 20.18) states:

Where an aircraft is required to be so equipped by this section, the flight data recorder system shall be operated continuously from the moment when the aircraft commences to taxi under its own power for the purpose of flight until the conclusion of taxiing after landing.

 

This instrument applies to Boeing 717 aircraft operated by National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services (the operator). Boeing 717 aircraft are designed in such a way that application of the parking brake discontinues the operation of the flight data recorder (FDR), and the operation of the FDR will not recommence until after the parking brake is released.

 

To this extent, the aircraft is not compliant with all the requirements contained within paragraph 6.3 of CAO 20.18.

 

The exemption, therefore, exempts Boeing 717 aircraft operated by the operator, from compliance with paragraph 6.3 of CAO 20.18 for the continuous operation of the FDR system, but only to the extent that the FDR system would otherwise be required to operate while the aeroplane’s parking brake is applied. There is nothing inherently dangerous or unsafe about this design, and the aircraft complies with FDR requirements in the United States, where the aircraft is manufactured.

 

A condition of the instrument is that the operator must ensure compliance with paragraph 6.3 of CAO 20.18, apart from the exemption, to ensure continuous operation of the FDR system at all relevant times other than when the parking brake is applied.

 

The aircraft could be modified to make it compliant. However, this would incur high costs relative to the marginal benefits of having FDR system data for those relatively short periods during manoeuvering on the ground for take-off or for arrival at the terminal, when the parking brake is applied.

 

CASA considers that given the small numbers of aircraft involved, and that the industry is broadly aware of the limitation, there is no risk to safety in exempting the operator’s Boeing 717 aircraft from the requirement in paragraph 6.3 of CAO 20.18 for continuous operation of the FDR system when the parking brake is applied.

 

The instrument repeals and replaces an earlier exemption (CASA EX91/11) which expires at the end of July 2014.

Legislative Instruments Act

Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues an exemption that affects the operation of that CAO, the later document is declared to be a disallowable instrument. This instrument affects the operation of paragraph 6.3 of CAO 20.18 and is, therefore, declared to be a disallowable instrument.

 

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.

 

The exemption, therefore, is subject to tabling and disallowance in the Parliament, under sections 24, 38 and 42 of the LIA.

 

Consultation

Given that the instrument applies to the particular operator and is the continuation of an existing exemption, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

 

Making and Commencement

The exemption has been made by a delegate of CASA relying on the power of delegation in subregulation 11.260 (1) of CASR 1998. The exemption commences on 1 August 2014 and expires at the end of July 2017, as if it had been repealed by another instrument.

 

[Instrument number CASA EX82/14]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — Boeing 717 flight data recorder system (National Jet Systems)

 

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 legislative instrument exempts Boeing 717 aircraft operated by the National Jet Systems, trading as Cobham Aviation Services Australia – Airline Services (the operator) from the requirements of paragraph 6.3 of Civil Aviation Order 20.18, allowing the operator to stop the operation of a Boeing 717 aircraft’s flight data recorder when the parking brake is applied.

 

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

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide a framework for ensuring the safety of civil aviation in Australia. This legislation allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions if necessary for safety, as outlined in the Civil Aviation Act 1988. The specific exemption in question concerns Boeing 717 aircraft operated by National Jet Systems, trading as Cobham Aviation Services Australia – Airline Services. The exemption addresses a design flaw where the application of the parking brake discontinues the operation of the flight data recorder (FDR). Despite this issue, CASA has determined that the design does not pose any inherent safety risks, given that the aircraft comply with FDR requirements in the United States. The exemption allows these aircraft to cease FDR operation when the parking brake is applied, provided that continuous operation is ensured at all other relevant times. The exemption is subject to parliamentary scrutiny and is compatible with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998 Exemption, pertaining to Boeing 717 flight data recorder systems operated by National Jet Systems, applies specifically to the operator of Boeing 717 aircraft registered under the operator's name. This exemption is granted to address a particular design characteristic of these aircraft, where the application of the parking brake results in the cessation of the flight data recorder (FDR) operation, thus failing to meet the continuous operation requirement stipulated in paragraph 6.3 of Civil Aviation Order 20.18. The exemption allows the operator to cease the FDR operation when the parking brake is applied without contravening the regulation, thereby ensuring compliance in all other operational contexts. The exemption is geographically applicable within Australia, where the Civil Aviation Safety Authority (CASA) has jurisdiction, and it is subject to conditions ensuring that the FDR system remains operational during all other phases of flight except when the parking brake is applied. The exemption is also subject to tabling and disallowance in the Parliament, as it affects a Civil Aviation Order and is thus considered a disallowable instrument under the Legislative Instruments Act 2003. Furthermore, this exemption is compatible with human rights as it does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) allow the Civil Aviation Safety Authority (CASA) to grant exemptions from specific regulatory provisions, such as those contained in Civil Aviation Orders (CAOs), to ensure the safety of air navigation (subregulation 11.160(1) and (2) of CASR 1998). These exemptions can be subject to conditions (subregulation 11.205(1) of CASR 1998) and must be published on the Internet (regulation 11.225 of CASR 1998). The exemption in question is specifically for Boeing 717 aircraft operated by National Jet Systems, trading as Cobham Aviation Services Australia – Airline Services (the operator). This exemption allows these aircraft to deviate from the continuous operation requirement of the flight data recorder (FDR) system when the parking brake is applied (paragraph 6.3 of CAO 20.18). The exemption is in place to address a design characteristic of the Boeing 717 aircraft that causes the FDR to stop operating when the parking brake is engaged. The exemption is valid only for the operator’s Boeing 717 fleet and exempts the aircraft from the continuous operation requirement of the FDR system, specifically when the parking brake is applied. The obligations imposed on the operator by this exemption include ensuring that the FDR system operates continuously at all times other than when the parking brake is applied. This means the operator must manage the operation of the FDR system to comply with paragraph 6.3 of CAO 20.18 in all other scenarios. The operator must also ensure that the FDR system is operational and compliant with all other relevant requirements during all other phases of flight and ground operations, except when the parking brake is applied. Additionally, the exemption specifies that the operator must ensure that the FDR system is functioning correctly and is capable of recording data as required by other provisions of the CAO 20.18 and CASR 1998 when the aircraft is not subject to the exemption’s conditions. Under the Civil Aviation Act 1988, any breach of the conditions of the exemption or non-compliance with the FDR requirements outside the scope of the exemption could lead to enforcement actions by CASA. The potential penalties for non-compliance with the FDR requirements or the conditions of the exemption include fines and potential prosecution. Specifically, under the Civil Aviation Act 1988, an individual or corporation found guilty of contravening a regulation or order can be fined up to $162,000 for an individual and $810,000 for a corporation. For offences involving safety, the fines can be even higher, reaching up to $1.62 million for an individual and $8.1 million for a corporation. Additionally, CASA has the authority to take other enforcement actions, such as grounding the aircraft or imposing operational restrictions, to ensure compliance with safety regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.