Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — recording time-in-service
Determination — non-application of part of CAO 100.5
Purpose
The purpose of this instrument is to exempt a Class A aircraft owner, aircraft operator and the pilot in command from the requirement in the Civil Aviation Regulations 1988 (CAR 1988) to record total time-in-service of the Class A aircraft after each completed day of flying operations. The instrument also determines, in accordance with Civil Aviation Order 100.5 (CAO 100.5) as applicable to Australian aircraft, that the person signing the maintenance release will not have to record details with respect to total time-in-service. These requirements are not necessary or appropriate to larger airlines with highly complex computerised infrastructure.
The instrument replaces CASA EX90/12 which was issued for the same purpose and expired at the end of June 2015.
Legislation — CAR 1988
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 43B (1) of CAR 1988, it is an offence if, on completion of a day’s flying operations, the owner, operator or pilot in command of the aircraft fails to record on the maintenance release the total time‑in‑service of the aircraft on that day.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the Regulations, or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), 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 of CASR 1998, 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 after its commencement) or, if no day is specified, 3 years after commencement.
Background
The larger airlines have, generally across industry, highly complex computerised infrastructures to control and manage aircraft maintenance. Regulation 43B of CAR 1988 presented these airlines with considerable difficulty because their computer programs are not programmed to record this particular information and would require substantial alteration to enable compliance with regulation 43B. The kind of information involved is provided in an alternative form through the aircraft’s approved system of maintenance.
In these circumstances, CASA considers that the requirement for daily recording of time-in-service for each Class A aircraft is neither necessary nor appropriate.
Instrument — exemption
The instrument exempts the owner, operator and pilot in command of a Class A aircraft from the specific time-in-service recording requirements of regulation 43B of CAR 1988. Class A aircraft is defined in regulation 2 of CAR 1988 as Australian aircraft certificated in the transport category or used under an Air Operator’s Certificate that authorises regular public transport operations.
Conditions
The exemption is subject to conditions. The operator of the aircraft must ensure that the time-in-service for the aircraft that is necessary to meet the continuing airworthiness requirements of the aircraft is recorded and the record is kept up‑to‑date. The operator must also include details of the recording method in the operator’s maintenance control manual prepared for regulation 42ZY of CAR 1988.
Legislation — CAO 100.5
Under subregulation 43 (1) of CAR 1988, maintenance releases for Australian aircraft may only be issued in the manner and form that CASA directs or approves. Under subregulation 43 (2), CASA may give directions specifying the information to be entered on a maintenance release before it is issued. Under subregulation 5 (1), where CASA has power to issue directions it may do so in Civil Aviation Orders. Paragraph 6.5 of CAO 100.5 contains directions specifying the information to be entered on a maintenance release.
Subparagraphs 6.5 (d), (e) and (f) of CAO 100.5 set out requirements to record time‑in-service and related information which, for the reasons mentioned above, are neither necessary nor appropriate for Class A aircraft.
Under paragraph 1.2 of CAO 100.5, CASA may issue a determination that a provision of CAO 100.5 does not apply to specified Australian aircraft. Under paragraph 1.3 of CAO 100.5, before making a determination, CASA must take into account any relevant safety considerations. Using this power, CASA has determined in the instrument that subparagraphs 6.5 (d), (e) and (f) of CAO 100.5 do not apply to Class A aircraft. The information that would otherwise be required to be recorded under subparagraphs 6.5 (d), (e) and (f) of CAO 100.5 is adequately dealt with under the conditions for the exemption. Hence, the exemption and the determination are combined in the same instrument.
CASA does not consider that the exemption or the determination will have a detrimental effect on the safety of air navigation.
Legislative Instruments Act 2003 (the LIA)
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of aircraft and a class of persons. The exemption is, therefore, a legislative instrument and 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. The exemption is a reissue of a previous instrument on this subject (CASA EX90/12 refers) and is a widely accepted industry exemption.
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 instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The exemption commences on 1 July 2015 and expires at the end of May 2018, as if it had been repealed by another instrument.
[Instrument number CASA EX90/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — recording time-in-service
Determination — non-application of part of CAO 100.5
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 purpose of the legislative instrument is to exempt Class A aircraft, aircraft owners, aircraft operators and pilots in command from time-in-service recording requirements specified in the Civil Aviation Regulations 1988 and Civil Aviation Order 100.5. The requirements are not necessary or applicable to larger airlines with sophisticated computer infrastructure.
The instrument is subject to conditions that CASA has imposed in the interests of aviation safety, including conditions on keeping records of time-in-service up-to-date and recording the method for doing so in the operator’s maintenance control manual.
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