Civil Aviation Amendment Order (No. R8) 2004 - Civil Aviation Order 20.7.2 - Aeroplane weight & performance limitations - Aeroplanes not above 5 700 kg - Regular public transport operations (02/12/2004)

Overview

The Civil Aviation Amendment Order (No. R8) 2004, enacted in 2004, was introduced to address the need for compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The Civil Aviation Orders were reviewed to ensure that they met the technical requirements of the new Act. This specific amendment revoked and remade section 20.7.2 of the Civil Aviation Orders, which pertains to aeroplane weight and performance limitations for multi-engine aeroplanes with a maximum take-off weight not exceeding 5,700 kg and engaged in regular public transport operations. The policy objective of this Order was to update outdated references and introduce gender-neutral wording into the Order, without altering existing law or policy. The Order was issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988 and came into effect upon gazettal.

Scope and Application

The Civil Aviation Amendment Order (No. R8) 2004 pertains to the Civil Aviation Orders, specifically addressing the aeroplane weight and performance limitations for multi-engine aeroplanes with a maximum take-off weight not exceeding 5,700 kg that are engaged in regular public transport operations. The Order revokes and replaces section 20.7.2 of the Civil Aviation Orders, aiming to ensure compliance and consistency with the Legislative Instruments Act 2003. It applies to any person or entity operating such aeroplanes for regular public transport, thereby impacting the aviation industry directly involved with these types of aircraft. The geographic reach of this Order is national, as it applies throughout Australia. The Order came into effect upon gazettal and does not introduce any changes to existing law or policy; rather, it serves to update outdated references and introduce gender-neutral wording. Notably, the Office of Regulation Review has determined that a Regulation Impact Statement is unnecessary due to the minor nature of this remake.

Key Provisions

The Civil Aviation Amendment Order (No. R8) 2004, which amends the Civil Aviation Orders, primarily focuses on the revocation and replacement of section 20.7.2. This section previously dealt with aeroplane weight and performance limitations for multi-engine aeroplanes with a maximum take-off weight not exceeding 5,700 kg, engaged in regular public transport operations. Subregulation 235(2) of the Civil Aviation Regulations 1988 (CAR 1988) empowers the Civil Aviation Safety Authority (CASA) to issue directions for determining the maximum weight an aircraft must not exceed at take-off or landing. The new order ensures that the existing limitations, which consider factors such as aerodrome pressure altitude, ambient temperature, runway surface and slope, and wind velocity for take-off, as well as fuel consumption and baulked landing climb for landing, are maintained. The amendment was made to align the Civil Aviation Orders with the Legislative Instruments Act 2003, which came into effect on 1 January 2005, without altering the existing law or policy. Additionally, the opportunity was taken to update outdated references to legislation and to introduce gender-neutral wording into the Order. The Civil Aviation Amendment Order (No. R8) 2004 imposes specific obligations on the parties governed by the Civil Aviation Orders. Operators of multi-engine aeroplanes with a maximum take-off weight not exceeding 5,700 kg, engaged in regular public transport operations, must adhere to the weight and performance limitations as set out in the updated section 20.7.2. This includes ensuring that the maximum permissible weight for take-off and landing complies with the stipulated factors, such as aerodrome pressure altitude, ambient temperature, runway surface and slope, wind velocity, and fuel consumption. CASA retains the authority to issue directions under subregulation 235(2) of CAR 1988 to determine these maximum weights, ensuring that safety and operational standards are met. Furthermore, operators must ensure that their operations are consistent with the Legislative Instruments Act 2003, including the updated gender-neutral wording and references. Under the Civil Aviation Amendment Order (No. R8) 2004, there are potential civil and criminal consequences for non-compliance with the regulations. Although the explanatory statement does not detail specific offences or penalties, it is implied that violations of the Civil Aviation Orders, including the weight and performance limitations, could lead to regulatory action by CASA. Such actions may include fines, suspension or revocation of operating certificates, or other enforcement measures. The exact penalties would be determined in accordance with the provisions of the Civil Aviation Act 1988 and other relevant legislation. Operators are therefore required to ensure strict adherence to the updated regulations to avoid any legal repercussions.