CASA EX92/11 – Exemption – from having training and checking organisation

Overview

The Civil Aviation Safety Regulations 1998, amended by the legislative instrument F2011L01756, introduce an exemption from the requirement to have a training and checking organisation for certain aerial work operators. This instrument was enacted to address the issue of unnecessary burdens placed on operators of large aerial work aircraft, particularly those used for aerial application operations such as the distribution of fertilisers, pesticides, and other materials. The Civil Aviation Act 1988, through its provisions, empowers the Civil Aviation Safety Authority (CASA) to issue such exemptions in the interest of maintaining safe navigation and operation of aircraft. This exemption is contingent upon the aircraft being used solely for specified aerial application operations and adherence to relevant operations manuals, thereby ensuring that safety standards are maintained despite the exemption. The exemption is subject to parliamentary disallowance under the Legislative Instruments Act and was made by the Director of Aviation Safety on behalf of CASA.

Scope and Application

The Civil Aviation Safety Regulations 1998, as empowered by the Civil Aviation Act 1988, provide the Civil Aviation Safety Authority (CASA) with the authority to issue exemptions from certain regulatory requirements that pertain to the safe navigation, operation, maintenance, airworthiness, and design standards of aircraft. Specifically, subsection 98(5A) of the Act allows CASA to issue instruments such as exemptions concerning these safety matters, and subregulation 11.160(1) of the CASR 1998 enables CASA to grant exemptions from provisions within these regulations, including the Civil Aviation Regulations 1988. This exemption applies to individuals or classes of individuals, determined by specific characteristics or membership in designated bodies, and may be subject to conditions that are deemed necessary for the safety of air navigation as per subregulation 11.205(1) of the CASR 1998. Exemptions must be published on the Internet and are effective for a period not exceeding three years from the date of their commencement, as per subregulation 11.230(1) of the CASR 1998. This particular exemption, exempting certain aerial work operators from the requirement to have a training and checking organisation, aligns with CASA's recognition that such formal organisations may not be appropriate and could impose an unnecessary burden for specific aerial application operations. This exemption is subject to conditions, including the exclusive use of the aircraft for aerial application operations and adherence to the relevant operations manual. As a legislative instrument, the exemption is subject to parliamentary scrutiny under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) empower the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory requirements, as per subsection 98(5A) of the Civil Aviation Act 1988 (the Act). Specifically, subregulation 11.160(1) of the CASR 1998 allows CASA to exempt certain provisions of the regulations or the Civil Aviation Orders (CAO) in matters related to aircraft safety, navigation, operation, or airworthiness. This exemption can be granted to an individual or a class of persons, as specified in subregulation 11.160(2) of the CASR 1998. For instance, the exemption under review exempts certain aerial work operators from the requirement to establish a training and checking organisation as mandated by subregulation 217(1) of the Civil Aviation Regulations 1988 (CAR 1988). This particular exemption is detailed in subregulation 217(1) of the CAR 1988, which mandates that certain operators, such as those operating regular public transport services or aircraft with a maximum take-off weight exceeding 5,700 kg, must provide a training and checking organisation. However, this requirement is deemed unnecessary for aerial application operations, leading CASA to issue an exemption to reduce the regulatory burden on these operators. The exemption imposes several obligations on the parties it governs. The aircraft subject to the exemption must be used exclusively for aerial application operations, as outlined in Part 137 of the CASR 1998. These operations include activities such as applying fertilisers, pesticides, seeds, and other materials from aircraft. Additionally, all operations must comply with the relevant operations manual. The exemption also requires CASA to impose conditions to ensure the safety of air navigation, as per subregulation 11.205(1) of the CASR 1998. Furthermore, the exemption must be published on the internet, in accordance with regulation 11.225 of the CASR 1998. It is important to note that the exemption will cease on the specified date within it, but not later than three years from its commencement, as per subregulation 11.230(1) of the CASR 1998. Breaching the conditions of the exemption or failing to comply with the requirements set out in the operations manual may result in civil or criminal consequences. The specific penalties for non-compliance are not detailed in the provided text; however, it is clear that such breaches could lead to legal action. Given that the exemption is a legislative instrument, it is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act. This ensures that the exemption is properly scrutinised and approved by the legislative body. Additionally, CASA must ensure that granting this exemption does not compromise the safety of air navigation, as it is a critical consideration in the regulatory framework.