Civil Aviation Order 20.18 Amendment Instrument 2012 (No. 2)

Overview

The Civil Aviation Order 20.18 Amendment Instrument 2012 (No. 2) was enacted to address specific operational and regulatory gaps concerning light sport aircraft and amateur-built experimental aircraft, ensuring these aircraft comply with an appropriate regulatory regime. This amendment, made by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988, aims to clarify and refine the regulatory requirements for these types of aircraft. The policy objective is to provide flexibility to aircraft operators while maintaining safety standards, by allowing these aircraft to be subject to a separate regulatory regime under specific regulations and avoiding unnecessary compliance with CAO 20.18's equipment requirements. This amendment ensures that light sport aircraft and amateur-built experimental aircraft are subject to an appropriate level of regulatory oversight that aligns with their intended use and operational context.

Scope and Application

The Civil Aviation Order 20.18 Amendment Instrument 2012 (No. 2) amends the Civil Aviation Order (CAO) 20.18, which pertains to the instruments and equipment that must be fitted in Australian aircraft for certain classes of operations. The primary purpose of this amendment is to provide exemptions and alternate requirements for light sport aircraft and amateur-built experimental aircraft, ensuring they do not unnecessarily comply with certain flight and navigation equipment requirements outlined in CAO 20.18. This amendment recognises that these aircraft operate under separate regulatory regimes for equipment and airworthiness, governed by other regulations such as those in the Civil Aviation Safety Regulations 1998 and the Civil Aviation Regulations 1988. Additionally, the amendment introduces a provision allowing Australian registered aircraft to use flight and navigation equipment approved by a recognised type certificating authority, provided it meets an equivalent level of safety as determined by that authority. This amendment applies to aircraft operators within Australia and is subject to the legislative scrutiny processes outlined in the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Order 20.18 Amendment Instrument 2012 (No. 2) primarily amends the Civil Aviation Regulations 1988 (CAR 1988) under section 98 of the Civil Aviation Act 1988 (the Act). This amendment, detailed in subregulation 207(2) of CAR 1988, aims to clarify and adjust the requirements for the instruments and equipment that must be fitted on Australian aircraft used in a class of operation. Specifically, it relieves light sport aircraft and amateur-built experimental aircraft from certain compliance requirements that would otherwise apply to them. This exemption is due to these aircraft operating under a distinct regulatory regime defined by other regulations, specifically regulations 21.186 and 21.191 of the Civil Aviation Safety Regulations 1998 (CASR 1998), and regulations 262APA and 262AP of CAR 1988. The amendment introduces new paragraph 3A.4, which allows Australian registered aircraft to use flight and navigation equipment approved by a recognised type certificating authority (TCA) if it meets an equivalent level of safety to that required under CAO 20.18. This amendment imposes obligations on aircraft operators to ensure that their aircraft meet the specified equipment requirements. For light sport aircraft and amateur-built experimental aircraft, it requires them to adhere to the separate regulatory framework provided by CASR 1998 and CAR 1988. For all other Australian registered aircraft, it requires that any flight and navigation equipment used must meet an equivalent level of safety as determined by a recognised TCA. Operators must demonstrate that the equipment they use is approved by a recognised authority and meets the necessary safety standards, taking into account the intended operation of the aircraft. The Civil Aviation Order 20.18 Amendment Instrument 2012 (No. 2) does not introduce new offences or penalties. However, it emphasises the importance of compliance with the amended regulations. Non-compliance with the requirements set forth in CAR 1988 or the amended CAO 20.18 could result in enforcement actions by the Civil Aviation Safety Authority (CASA). Such actions might include the issuance of notices to rectify non-compliant equipment, suspension or revocation of an aircraft's certificate of airworthiness, or other regulatory penalties. The specific consequences would depend on the nature and severity of the non-compliance, as outlined in the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. This amendment, being a legislative instrument, is subject to the provisions of the Legislative Instruments Act 2003 (LIA). Under section 5 of the LIA, it is declared a disallowable instrument. Consequently, it must be tabled and is subject to disallowance in the Parliament under sections 38 and 42 of the LIA. The amendment was developed following consultations with relevant industry sectors, addressing concerns raised by industry delegates and replacing a periodically renewed exemption (CASA EX74/12) that was set to expire at the end of December 2012. The Office of Best Practice Regulation assessed that the proposed amendments would have a minor impact, and therefore, no further analysis in the form of a Regulation Impact Statement was required. The amendment takes effect on the day after its registration, made by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 73(2) of the Act.