CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
SECTION 95.33
EUROCOPTER EC665 TIGER ARMED RECONNAISSANCE HELICOPTER — FLIGHT TESTING PUBLICATIONS
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Regulation 200.010 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that a military aircraft undergoing production flight testing or acceptance flight testing (flight testing) is exempt from the Civil Aviation Regulations 1988 (CAR 1988) and CASR 1998 if the conditions set out in the relevant section of Part 95 of the Civil Aviation Orders (CAOs) are complied with.
Military aircraft are defined in regulation 2 of CAR 1988 as aircraft of any part of the Australian Defence Force (ADF), including any aircraft that is being constructed for the ADF.
The Department of Defence has entered into a contract for the purchase of Eurocopter EC 665 Tiger Armed Reconnaissance Helicopters. Australian Aerospace Limited (AAL) has project management responsibility for the flight testing of these aircraft. If the flight testing is successful, the ADF will put the aircraft into service. In accordance with CAR 1988, therefore, the aircraft are military aircraft to which regulation 200.010 of CASR 1998 may apply.
In accordance with regulation 200.010, section 95.33 was made to set out the conditions with which the aircraft must comply to be exempt from CAR 1988 and CASR 1998 while undergoing flight testing.
In particular, flight testing must be conducted in accordance with particular ADF and AAL flight manuals and other technical publications and limitations referred to in the CAO.
Section 95.33 was originally made on 12 September 2004 in Civil Aviation Amendment Order (No. 6) 2004, gazetted on 22 September 2004.
On 28 October 2004, AAL notified CASA that AAL’s further consultations with the Department of Defence made it necessary for AAL to modify the list of technical publications in accordance with which flight testing was to be conducted.
CASA has therefore amended paragraphs 3.5 and 3.6 of section 95.33 to include the modified list of technical publications for flight testing of the aircraft.
The Office of Regulation Review advised that no Regulation Impact Statement was required for this CAO Amendment as it was not likely to have a substantial direct or indirect effect on business.
The CAO has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Amendment Order (No. 10) 2004]
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Section 95.33 of the Civil Aviation Orders was introduced to address the specific requirements for the flight testing of military aircraft, including the Eurocopter EC 665 Tiger Armed Reconnaissance Helicopters, under contract with the Department of Defence. This section was developed to exempt these aircraft from certain regulations during their flight testing phase, provided that specific conditions are met, ensuring that the testing can proceed in a controlled manner without compromising safety. The Civil Aviation Amendment Order (No. 10) 2004, made by the Director of Aviation Safety on behalf of CASA, was enacted to modify the technical publications for flight testing, reflecting further consultations between Australian Aerospace Limited and the Department of Defence. This amendment was intended to align the testing protocols more closely with operational needs, while maintaining the overarching safety objectives of the Act.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Orders, governs the safety of air navigation in Australia, with the Civil Aviation Safety Regulations 1998 providing detailed requirements for safety in civil aviation. Section 95.33 of the Civil Aviation Orders specifically pertains to the flight testing of military aircraft, including the Eurocopter EC 665 Tiger Armed Reconnaissance Helicopters, which are subject to particular exemptions under regulation 200.010 of the Civil Aviation Safety Regulations 1998. These helicopters, being part of the Australian Defence Force or under construction for it, are exempt from the general requirements of the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998 when undergoing flight testing, provided the conditions specified in Part 95 of the Civil Aviation Orders are met. The flight testing must adhere to the technical publications and limitations set out in the orders, which were modified in 2004 to reflect consultations between Australian Aerospace Limited and the Department of Defence. The application of this legislation ensures that the safety standards are maintained while allowing necessary flexibility for military aircraft testing.
Key Provisions
Section 95.33 of the Civil Aviation Orders, created under section 98 of the Civil Aviation Act 1988, outlines the conditions that must be met for the Eurocopter EC665 Tiger Armed Reconnaissance Helicopters to be exempt from the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998 during flight testing. This exemption applies if the aircraft, defined as part of the Australian Defence Force or being constructed for it, complies with the conditions set out in section 95.33. The primary requirement is that flight testing must be conducted in accordance with specified Australian Defence Force and Australian Aerospace Limited (AAL) flight manuals and other technical publications and limitations.
The obligations imposed by section 95.33 are primarily on AAL, which has project management responsibility for the flight testing of these helicopters. AAL must ensure that all flight testing adheres to the technical publications and limitations detailed in the Civil Aviation Orders. This includes following the flight manuals and any other relevant technical documents that outline the procedures, limitations, and safety requirements for the flight testing of the Eurocopter EC665 Tiger helicopters. The Department of Defence also has a role in ensuring that the aircraft meet the regulatory requirements during the flight testing phase.
Failure to comply with the conditions outlined in section 95.33 could result in the aircraft not being exempt from the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998, potentially leading to regulatory scrutiny or enforcement actions. Although section 95.33 itself does not explicitly state penalties for non-compliance, violations of the Civil Aviation Regulations 1988 or the Civil Aviation Safety Regulations 1998 generally carry significant penalties. For instance, under section 13 of the Civil Aviation Act 1988, an individual found guilty of an offence against the Act or the regulations could face fines up to $222,200 for individuals and $1,111,000 for bodies corporate, along with potential imprisonment. These penalties underscore the importance of adhering to the conditions specified in section 95.33 to maintain the exemption and ensure the safety of the flight testing process.