Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — display of markings
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make Regulations.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may, by instrument, grant an exemption under Division 11.F.1 from compliance with a provision in CASR 1998.
Regulation 45.065 of CASR 1998 sets out the minimum height of the characters in a set of aircraft markings. Markings comprise the nationality and registration marks of an aircraft. In accordance with subparagraph 45.065 (3) (b) (ii), the minimum height that would be applicable to the markings is 300 millimetres.
The Cessna M337B aeroplane, serial number 337M0420, bearing the nationality and registration marks VH-OTU, is an ex-military aircraft.
The operator considers that having the markings displayed in accordance with regulation 45.065 of CASR 1998 would compromise the authentic appearance of the aircraft, which the operator wishes to preserve.
The exemption allows the operator to display the markings on the vertical tail with 1 set on the outer side of each of its outermost surfaces in characters that are at least 50 millimetres high.
CASA does not consider that the exemption will have a detrimental effect on the safety of air navigation.
Legislative Instruments Act
Because it is issued under Subpart 11.F of CASR 1998, the exemption is declared to be a disallowable instrument under regulation 11.215. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. As a legislative instrument, it 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. It is similar to other exemptions that have already been issued and will enable the aircraft to be seen as desired by the operator.
The exemption commences on the day after it is registered and stops having effect at the end of October 2012.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX94/10]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998), enacted under the Civil Aviation Act 1988, were established to ensure the safety and efficiency of civil aviation within Australia. A gap in the regulations concerning the display of markings on certain aircraft, particularly those with historical or aesthetic significance, was identified. The problem arose with the Cessna M337B aeroplane, serial number 337M0420, which is an ex-military aircraft and bears the nationality and registration marks VH-OTU. The operator of this aircraft sought to preserve its authentic appearance, which they believed would be compromised if the markings were displayed in accordance with the minimum height requirement of 300 millimetres stipulated in regulation 45.065 of the CASR 1998. To address this issue, an exemption was granted by the Civil Aviation Safety Authority (CASA) under regulation 11.160 of the CASR 1998, allowing the operator to display the markings on the vertical tail with characters at least 50 millimetres high on the outer side of each of its outermost surfaces. CASA confirmed that this exemption would not adversely affect the safety of air navigation. This exemption is a legislative instrument subject to tabling and disallowance in the Parliament, as per the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) grant the Civil Aviation Safety Authority (CASA) the authority to provide exemptions from specific regulatory provisions, facilitating the balance between regulatory compliance and practical considerations in aviation operations. One such exemption pertains to the display of aircraft markings, specifically concerning a Cessna M337B aeroplane, serial number 337M0420, registered as VH-OTU, which is an ex-military aircraft. The exemption allows for the display of nationality and registration markings on the vertical tail in characters that are at least 50 millimetres high, instead of the regulation's required minimum height of 300 millimetres. This exception was made to preserve the aircraft's authentic appearance, while CASA has determined that such a modification does not compromise air navigation safety. The exemption applies solely to the specified aircraft and is effective from the day after its registration, expiring at the end of October 2012. This exemption is declared a disallowable instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament, although no consultation was deemed necessary as it mirrors previous exemptions.
Key Provisions
The key provision of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this exemption is regulation 11.160, which allows the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions of the regulations. Specifically, this exemption applies to regulation 45.065, which sets out the minimum height for aircraft markings, including nationality and registration marks. The exemption permits the operator of the Cessna M337B aeroplane (serial number 337M0420, bearing the registration marks VH-OTU) to display the markings on the vertical tail with 1 set on the outer side of each of its outermost surfaces in characters that are at least 50 millimetres high, instead of the usual 300 millimetres, to preserve the authentic appearance of the aircraft. This exemption has been granted because CASA does not consider it will have a detrimental effect on the safety of air navigation.
The operator of the aircraft is subject to certain obligations and requirements under this exemption. They must ensure that the markings are displayed as specified in the exemption, which means one set of markings on the outer side of each of the aircraft's outermost surfaces in characters at least 50 millimetres high. The operator must also comply with any other applicable requirements of the CASR 1998, as well as any other relevant regulations or conditions imposed by CASA. The operator must also notify CASA of any changes to the aircraft's registration or ownership, as well as any changes to the aircraft's markings.
Failure to comply with the terms of this exemption, or any other applicable regulations, may result in civil or criminal penalties. Under section 33 of the Civil Aviation Act 1988, a person who contravenes a provision of the CASR 1998 may be liable to a penalty of up to $22,200 for an individual and $111,000 for a body corporate. In addition, under section 34 of the Act, a person who contravenes a provision of the CASR 1998 that is intended to ensure the safety of air navigation may be liable to a criminal offence and a penalty of up to $222,000 for an individual and $1,110,000 for a body corporate. It is important for the operator to ensure that they comply with the terms of this exemption, as well as any other applicable regulations, to avoid any potential penalties or consequences.