CASA EX84/11 – Exemption – design of modification or repair

Overview

The Civil Aviation Regulations 1988 were enacted to provide a comprehensive framework for ensuring the safety of civil aviation in Australia. The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, include provisions for the design and approval of aircraft modifications and repairs. The problem this legislation addresses is the practical difficulty of ensuring strict compliance with all applicable design standards in cases of temporary modifications or repairs, particularly for ferry flights and overweight operations, where modifications may need to be test flown before they can be approved. The policy objective of this exemption is to maintain an acceptable level of safety while allowing for some flexibility in the approval process for temporary modifications or repairs, provided that the safety of air navigation is not compromised. The exemption is granted by the Civil Aviation Safety Authority (CASA), on behalf of the Governor-General, and is subject to the conditions that any relevant safety considerations are taken into account and that any aircraft fitted with such modifications or repairs may only fly under a special flight permit or an experimental certificate.

Scope and Application

The Civil Aviation Regulations 1988, specifically the exemption under subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998, applies to authorised persons who may seek approval for the design of modifications or repairs to aircraft that do not fully comply with all applicable design standards. This exemption is granted subject to the paramount consideration of maintaining an acceptable level of safety. Authorised persons, who often face the need to implement temporary modifications or repairs such as ferry tank installations, can apply for these exemptions to ensure that such modifications or repairs do not compromise air navigation safety. The exemption allows these temporary measures to be approved if they are necessary for ferry flights or for testing configuration changes under experimental certificates. However, any aircraft equipped with such modifications or repairs must operate under a special flight permit or an experimental certificate, ensuring that safety is not compromised during the operation of these aircraft. The exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2000. The exemption applies to authorised persons and is intended to benefit industry by providing a regulatory framework that accommodates practical and safety considerations in the approval process.

Key Provisions

The main operative sections of this legislation pertain to the granting of exemptions from compliance with certain provisions of the Civil Aviation Safety Regulations 1998 (CASR 1998) for the design of modifications or repairs. According to section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General has the power to make regulations, and under subregulation 11.160(1) of the CASR 1998, the Civil Aviation Safety Authority (CASA) may grant an exemption from compliance with a provision of CASR 1998 if necessary for safety reasons (subregulation 11.160(1)). The process for applying for such an exemption is outlined in regulation 11.165 of the CASR 1998, and the criteria for granting an exemption are detailed in subregulation 11.170(3) of the CASR 1998, which emphasises the paramount importance of preserving an acceptable level of safety. Furthermore, subregulation 11.205(1) of the CASR 1998 allows CASA to impose conditions on an exemption if necessary for the safety of air navigation. The exemption allows authorised persons to approve the design of a modification or repair that does not fully comply with all relevant design standards, provided that the safety of air navigation is not compromised. It is essential that any relevant considerations relating to the safe operation of the intended flight, including all hazards and risks, be taken into account before approving the design of temporary modifications or repairs. Any aircraft fitted with such a modification or repair may only fly under a special flight permit or an experimental certificate. The obligations and requirements imposed by this Act on the parties or entities it governs include the responsibility of authorised persons to approve the technical data for a modification or repair design approval (paragraph 21.009(1)(f) of the CASR 1998). An authorised person must approve an application for a modification or repair design approval if the requirements of subregulation 21.437(4) are met (subregulation 21.437(2) of the CASR 1998). Authorised persons are often required to install temporary modifications and repairs, such as ferry tank installations, to allow an aircraft to fly under the special flight permit provisions in the CASR 1998. They may also need to test fly a configuration change under an experimental certificate before the change can be approved. In such cases, authorised persons must ensure that any temporary modification or repair made to an aircraft is only operated in accordance with the requirements of a special flight permit issued under regulation 21.200 of the CASR 1998. An authorised person may impose limitations or conditions on the approval or require that a specified thing be done to ensure the safety of air navigation. The legislation also outlines the potential offences, penalties, or civil/criminal consequences for breach. An instrument issued under subsection 98(5A)(a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or a class of aircraft, and the exemption applies to a class of persons, being authorised persons. This exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2000 (the LIA). However, consultation under section 17 of the LIA has not been undertaken in this case, as it is deemed beneficial to industry. The instrument replaces a previous instrument that was issued under regulation 35 of the Civil Aviation Regulations 1988, which no longer exists. The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Act. The instrument commences on the day after registration and stops having effect at the end of 30 June 2014.