CASA EX92/08 - Exemption - flight data recording

Overview

The Civil Aviation Regulations 1988 were enacted to regulate civil aviation operations in Australia, ensuring safety and efficiency in the industry. The regulations provide the framework for the operation of aircraft, licensing of personnel, and certification of aircraft and components. One specific exemption introduced under the Civil Aviation Regulations 1988 addresses the issue of non-compliance by the Raytheon B300 aircraft, registered as VH-SGQ and operated by the State of Queensland through the Queensland Government Air Wing. The flight data recorder (FDR) on this aircraft does not meet the requirements outlined in Appendix 1 of Civil Aviation Order 103.19 and paragraph 6.2 of Civil Aviation Order 20.18. The exemption aims to allow the operator additional time to rectify the FDR issue without compromising safety. This exemption was made by a delegate of the Civil Aviation Safety Authority (CASA) under subregulation 7(1) of the Civil Aviation Regulations 1988, and it is subject to disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) govern the civil aviation industry in Australia, with oversight by the Civil Aviation Safety Authority (CASA). The instrument in question, made under the authority provided by subregulation 7(1) of CAR 1988, is an exemption that applies specifically to the State of Queensland, operating through the Queensland Government Air Wing. This exemption pertains to a Raytheon B300 aircraft registered as VH-SGQ, which does not meet the flight data recording (FDR) standards outlined in Appendix 1 of Civil Aviation Order 103.19 (CAO 103.19) and paragraph 6.2 of CAO 20.18. The exemption relieves the operator from complying with the FDR standards and related directions under subregulations 21A(1) and 207(2) of CAR 1988. The exemption is for a limited period, commencing on 25 December 2008 and expiring at the end of December 2009, to allow the operator additional time to rectify the FDR issue. CASA has determined that safety will not be compromised during this period. This instrument is a legislative instrument, subject to the scrutiny and potential disallowance by the Parliament, as outlined in the Legislative Instruments Act 2003. The exemption does not require parliamentary disallowance as it renews a previous instrument with identical terms.

Key Provisions

The key sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this exemption include subregulations 21A(1) and 207(2). Subregulation 21A(1) empowers the Civil Aviation Safety Authority (CASA) to issue design standards for aircraft components where no appropriate design standard is in force. Subregulation 207(2) requires Australian aircraft to be fitted with instruments and equipment approved or directed by CASA before being used in any class of operations. Civil Aviation Order 20.18 (CAO 20.18) specifies the required instruments and equipment, including flight data recorders (FDRs) that must comply with the standards set out in CAO 103.19. The Civil Aviation Order 103.19 (CAO 103.19) sets out the parameters, ranges, accuracy, and recording intervals for FDRs. These standards are critical for ensuring that the data collected by the FDR is reliable and meets regulatory requirements. The exemption provided by this legislation allows the operator of the Raytheon B300 aircraft, operated by the State of Queensland through the Queensland Government Air Wing, to temporarily operate without fully compliant FDRs. This exemption is intended to give the operator additional time to resolve the issue without compromising safety, as CASA has determined that the aircraft can safely operate under these conditions. The obligations imposed by this exemption on the operator include ensuring that the Raytheon B300 aircraft is used in accordance with the terms of the exemption and that the FDR issue is addressed within the specified timeframe. The operator must maintain records and documentation demonstrating compliance with the exemption and any actions taken to rectify the FDR issue. The exemption does not relieve the operator of their broader obligations under CAR 1988 and other relevant aviation regulations. There are no specific offences or penalties outlined in this exemption itself, but any failure to comply with the terms of the exemption or the broader regulatory requirements could result in enforcement actions by CASA. These actions may include fines, sanctions, or other regulatory measures. Additionally, the exemption is subject to disallowance under the Legislative Instruments Act 2003 (LIA), meaning it can be reviewed and potentially disallowed by Parliament if deemed inappropriate. The exemption is also a legislative instrument, which means it must be tabled and can be subject to disallowance in accordance with sections 38 and 42 of the LIA.