Civil Aviation Amendment Regulations 2000 (No. 4) 2000 No. 205
EXPLANATORY STATEMENT
Statutory Rules 2000 No. 205
Issued by the Authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2000 (No. 4)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Subsection 9 (1) of the Act specifies that the Civil Aviation Safety Authority (CASA) has the function of, among other things, conducting safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise safety standards.
The Civil Aviation Regulations 1988 (CAR 1988) were amended on 16 August 1999 and introduced new requirements for an aircraft flight manual and the management of aircraft flight manuals. A transition period of twelve months was provided for the holder of the aircraft's Certificate of Registration to ensure their particular aircraft had an aircraft flight manual that meets the new requirements specified in the amended regulations.
CASA became aware that many aircraft owners and operators of small general aviation aircraft would not be able to comply with the requirements by the time the transition period expires on 16 August 2000. In these circumstances the certificate holder would be considered in breach of the regulations from 16 August 2000 if they were to fly their aircraft without meeting the new flight manual requirements.
The Regulations are amended to extend the period for compliance with the requirements initially specified in the previous CAR 1988 amendment from 1 year to 3 years for aircraft other than those with a Certificate of Airworthiness in the Transport (passenger carrying) category.
Details of the amending Regulations are attached.
The Regulations commence on gazettal.
ATTACHMENT
Civil Aviation Amendment Regulations 2000 (No. 4)
DETAILS OF THE AMENDING REGULATIONS
Regulation 1
Regulation 1 sets out the name of the regulations as the Civil Aviation Amendment Regulations 2000 (No. 4).
Regulation 2
Regulation 2 provides that these Regulations commence on gazettal.
Regulation 3
Regulation 3 provides that the Civil Aviation Regulations 1988 are amended as set out in Schedule 1.
Schedule 1 - Amendments
Item 1
Item 1 amends subregulation 322 (4) by replacing the existing wording dealing with the previous transition period of 1 year with the revised transitional period. The revised transitional period of a further 2 years only applies to those aircraft not having a certificate of airworthiness in the transport category. A penalty of 50 penalty points apply if not complied with.
Overview
The Civil Aviation Amendment Regulations 2000 (No. 4) were enacted to address the issue of compliance with updated requirements for aircraft flight manuals, particularly for small general aviation aircraft. This legislative amendment arose from the need to extend the transition period granted under the Civil Aviation Regulations 1988 (CAR 1988) which had initially set a one-year window for compliance. The original amendment, introduced on 16 August 1999, aimed to enhance safety standards by ensuring all aircraft had flight manuals meeting specified requirements. However, it became evident that many aircraft owners and operators, especially those in the smaller general aviation sector, would not meet the deadline of 16 August 2000. Consequently, the Civil Aviation Amendment Regulations 2000 (No. 4) were formulated to extend the compliance period to three years for aircraft excluding those in the transport (passenger carrying) category. This extension was designed to alleviate the pressure on small operators and ensure broader adherence to safety regulations without imposing penalties immediately. The regulations were issued by the Authority of the Minister for Transport and Regional Services under the Civil Aviation Act 1988, with the overarching policy objective of maintaining and enhancing aviation safety through clear and effective regulatory standards.
Scope and Application
The Civil Aviation Amendment Regulations 2000 (No. 4) extend the transitional period for compliance with the updated requirements for aircraft flight manuals, as initially specified in the Civil Aviation Regulations 1988. This extension applies to aircraft that do not possess a Certificate of Airworthiness in the Transport (passenger carrying) category, allowing these aircraft an additional two years beyond the original one-year transition period to ensure their flight manuals meet the new standards. The Regulations were made under the authority of the Minister for Transport and Regional Services, in accordance with the Civil Aviation Act 1988, which empowers the Governor-General to enact regulations concerning civil aviation safety and air navigation. The Civil Aviation Safety Authority (CASA) plays a critical role in enforcing these regulations by developing and promulgating safety standards. Non-compliance with these extended requirements will result in a penalty of 50 penalty points. The Regulations came into effect upon their gazettal, and further details of the amendments are outlined in the attached Schedule 1.
Key Provisions
The Civil Aviation Amendment Regulations 2000 (No. 4) introduce significant changes to the transitional provisions regarding the implementation of new requirements for aircraft flight manuals. Specifically, Regulation 3, supported by amendments in Schedule 1, Item 1, extends the compliance period for these new requirements from one year to three years for aircraft not classified under the Transport (passenger carrying) category (Regulation 3). This change aims to alleviate the burden on owners and operators of smaller general aviation aircraft who may have struggled to meet the initial one-year deadline.
These regulations impose obligations on aircraft owners and operators to ensure their aircraft flight manuals meet the updated standards by the extended deadline of 16 August 2003. This requirement is crucial for maintaining the safety standards mandated by the Civil Aviation Act 1988 (the Act) and ensures that the Civil Aviation Safety Authority (CASA) can effectively monitor and regulate civil air operations. Failure to comply with these amended requirements could result in the aircraft being considered non-compliant and potentially subject to enforcement actions.
The Civil Aviation Amendment Regulations 2000 (No. 4) also establish clear consequences for non-compliance. If an aircraft owner or operator does not adhere to the extended compliance period, they risk facing penalties. According to the regulations, non-compliance attracts a penalty of 50 penalty points, which can have significant implications for the operational status of the aircraft and the reputation of the operator. These amendments underscore the importance of adhering to safety regulations in civil aviation and the potential repercussions of failing to do so.