EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
APPROVAL UNDER SUBREGULATION 207 (2)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.
Subregulation 5 (1) of CAR 1988 provides that whenever CASA is empowered by CAR 1988 to give directions or approvals, it may do so in Civil Aviation Orders (the CAOs).
Section 20.18 of the CAOs sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations, paragraph 6.1 of section 20.18 provides that certain aircraft referred to in the paragraph must not be flown unless equipped with an approved cockpit voice recorder system.
This approval under subregulation 207 (2) permits the aircraft VH-MSU to operate without an approved cockpit voice recorder system while being operated by the normal operator. The aircraft must, however, be equipped in all other respects, as required by section 20.18 and must not be used for training flights.
Under regulation 5A of CAR 1988, if CASA has issued a direction in the form of a CAO and later issues another direction which has the effect of amending, varying or repealing the CAO, the later instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. The approval affects the operation of paragraph 6.1 and is a disallowable instrument.
No consultation has taken place. The instrument is similar to previous instrument (CASA 979/99) which expired at the end of 24 October 1999, and remakes it in modified form. This is a continuation of the current policy.
The approval has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988.
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments. It stops having effect at the end of January 2007.
[Instrument number CASA VTA 147/05]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Parliament, are a comprehensive set of rules governing the operation of aircraft within Australia. These regulations were designed to address the need for stringent safety standards and operational protocols to ensure the safe and efficient use of airspace in Australia. A specific instrument under this regulation, F2005L01394, pertains to the approval for an aircraft, VH-MSU, to operate without an approved cockpit voice recorder system, while being operated by its normal operator. This approval is contingent on the aircraft being equipped in all other respects as required by the regulations and prohibits its use for training flights. This regulatory measure was introduced to accommodate specific operational needs while maintaining overall safety standards, thereby filling a gap in the existing regulatory framework. The Civil Aviation Safety Authority (CASA) issued this approval under subregulation 207(2), reflecting a continuation of existing policy and a renewal of a similar instrument that expired in 1999. The approval is a disallowable instrument, subject to parliamentary scrutiny, and is set to cease at the end of January 2007.
Scope and Application
The Civil Aviation Regulations 1988, under subregulation 207(2), mandate that Australian aircraft must be equipped with specific instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA) to be used in any class of operations. This approval applies to the aircraft VH-MSU, allowing it to operate without a cockpit voice recorder system when operated by its normal operator, provided it meets all other requirements outlined in section 20.18 of the Civil Aviation Orders (CAOs). However, the aircraft cannot be used for training flights. This regulation is jurisdictional, applying to all Australian aircraft and operates within the Commonwealth of Australia. The approval is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 if CASA issues subsequent directions amending or repealing the CAO. This approval continues a previous policy and has been issued by a CASA delegate appointed under regulation 7 of CAR 1988. It commences upon registration on the Federal Register of Legislative Instruments and ceases to have effect at the end of January 2007.
Key Provisions
The primary provisions of this piece of legislation concern the approval under subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988), allowing specific aircraft to operate without an approved cockpit voice recorder system under certain conditions (subregulation 207(2)). This regulation is in line with section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations concerning civil aviation. The Civil Aviation Safety Authority (CASA) has the authority to approve or direct the fitting of instruments and equipment for Australian aircraft, as outlined in subregulation 5(1) of CAR 1988. The specific approval under review here permits the aircraft VH-MSU to operate without a cockpit voice recorder system when flown by its normal operator, provided that all other requirements specified in section 20.18 of the Civil Aviation Orders (CAOs) are met and the aircraft is not used for training flights.
The obligations and requirements imposed by this legislation include ensuring that the aircraft VH-MSU is equipped with all instruments and equipment as required by section 20.18 of the CAOs, except for the cockpit voice recorder system, which is exempted under this approval. The aircraft must adhere to all other operational requirements stipulated by CAR 1988 and the CAOs to maintain its airworthiness and safety standards. Furthermore, the aircraft must not be used for training flights, a stipulation that ensures the exemption does not apply to scenarios where training activities are involved. CASA's role in approving or directing the equipment and instruments to be fitted on aircraft is crucial, and any deviation from the approved specifications could lead to non-compliance with the regulatory requirements.
Regarding the legal consequences of non-compliance with this approval, there are specific offences, penalties, or civil/criminal consequences outlined in the legislation. The approval itself is a disallowable instrument under regulation 5A of CAR 1988, meaning that if CASA issues a subsequent direction amending or repealing the original approval, the new instrument can be subject to disallowance. However, the specific penalties for breaching the conditions of this approval are not detailed in the provided text. In general, breaches of civil aviation regulations can result in enforcement actions, including fines, suspension or revocation of permits, and other legal actions that might be pursued by CASA against the offending parties. The exact penalties for non-compliance would depend on the nature and severity of the breach, and they would be determined in accordance with the Civil Aviation Act 1988 and related regulations.