Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — standards for GNSS navigation equipment (National Jet Express Pty Ltd)
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the safety of air navigation.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that a person must not use an Australian aircraft in a class of operation if it is not fitted with such instruments, or is not fitted with, or carrying such equipment, as CASA has approved and directed. Under regulation 5 of CAR 1988, where CASA may issue directions under CAR 1988, it may do so in the form of a Civil Aviation Order (CAO).
CAO 20.18 sets out directions issued by CASA under regulation 207 of CAR 1988 in relation to the instruments and equipment to be carried on board aircraft. Paragraph 9D.4 of CAO 20.18 requires aircraft that are first registered before 6 February 2014 and are engaged in regular public transport or charter operations under the instrument flight rules (the I.F.R.) to carry the serviceable equipment mentioned in subparagraph 9D.3 (c), (d) or (e), if global navigation satellite system (GNSS) equipment is installed on the aircraft on or after 6 February 2014.
Paragraph 9D.3 requires this GNSS equipment to meet the standards prescribed in paragraph 9D.9, which in turn requires the GNSS equipment to be of a type that is authorised in accordance with specified Technical Standard Orders of the Federal Aviation Administration of the United States of America or of the European Aviation Safety Agency ((E)TSOs). The (E)TSOs prescribed under paragraph 9D.9 for these purposes are
(E)TSO-C145( ), (E)TSO-C146( ) or (E)TSO-C196a, or a later version of those (E)TSOs as in force from time to time.
Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of a CAO in relation to matters affecting the safe navigation and operation of aircraft.
Regulation 11.205 provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition.
Regulation 11.225 of CASR 1998 requires an exemption to be published on the Internet.
Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.
Background
National Jet Express Pty Ltd (the operator) operates a BAe 146-100 aircraft with nationality and registration marks VH-NJV and serial number E1002. The aircraft is currently equipped with a single GNS-XLS GNSS navigation system, which meets the TSO-C129 standard.
The operator intends to install a second GNS-XLS system into the aircraft, which would have significant safety and operational benefits for this aircraft. In addition, the installation of a GNS-XLS system would not require the substantial design changes required to fit other navigation systems.
However, the GNS-XLS system does not meet the requirements of the (E)TSO-C145( ), (E)TSO-C146( ) or (E)TSO-C196a standards prescribed under paragraph 9D.4 of CAO 20.18 for the installation of GNSS navigation systems. The operator has, therefore, requested an exemption from the requirements of paragraph 9D.4 of CAO 20.18 for the aircraft.
Instrument
CASA EX82/16 exempts a person using the aircraft from compliance with the requirement in paragraph 9D.4 of CAO 20.18 to carry GNSS equipment that meets (E)TSO-C145( ), (E)TSO-C146( ) or (E)TSO-C196a standards. The exemption is limited to the use of the BAe 146-100 aircraft with nationality and registration marks VH-NJV and serial number E1002 as prescribed in Schedule 1 of the instrument.
The exemption is subject to the condition that the aircraft must be included in the effectivity list for any GNSS navigation equipment modification instructions listed in the service bulletin issued by the manufacturer of the aircraft.
Legislation Act 2003 (the LA)
Under section 57A of the LA, an instrument is a legislative instrument for section 8 of the LA if it is declared to be a disallowable instrument under legislation in force before 1 January 2005.
Under regulation 5A of CAR 1988 (which was in force before 1 January 2005), if CASA has issued a CAO that is not an airworthiness directive, and CASA later issues an exemption that affects the operation of the CAO, the exemption is declared to be a disallowable instrument. This instrument affects the operation of paragraph 9D.4 of CAO 20.18.
The instrument is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
This instrument has been issued at the request of the operator. CASA has consulted with the operator on the terms of the exemption and to review the relevant safety considerations associated with the exemption. Having regard to these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA.
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 for exemptions (OBPR id: 14507).
Making and commencement
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day of registration and is repealed at the end of 30 April 2019.
[Instrument number CASA EX82/16]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — standards for GNSS navigation equipment (National Jet Express Pty Ltd)
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
The legislative instrument exempts persons using the specified BAe 146-100 aircraft operated by National Jet Express Pty Ltd (the operator) from compliance with paragraph 9D.4 of Civil Aviation Order 20.18.
Paragraph 9D.4 requires aircraft that are first registered before 6 February 2014 and are engaged in regular public transport, or charter, operations under the instrument flight rules to carry GNSS navigation equipment that meets (E)TSO-C145( ), (E)TSO-C146( ) or
(E)TSO-C196a standards in circumstances where GNSS equipment is installed on the aircraft on or after 6 February 2014.
The purpose of the instrument is to allow the operator and persons using the aircraft to continue to operate the aircraft after the installation of a second GNSS navigation system which does not meet the (E)TSO-C145( ), (E)TSO-C146( ) or (E)TSO-C196a standards. While the proposed second GNSS system does not meet these standards, the installation of the system will have significant safety and operational benefits for this 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