Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 20.18 Amendment Order (No. 1) 2010
Purpose
Civil Aviation Order 20.18 Amendment Order (No. 1) 2010 (the CAO amendment) is intended to clarify and correct the application of some instrumentation and windshield requirements for hot air balloons and hot air airships in particular.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988), a person must not use an Australian aircraft in a class of operation if the aircraft is not fitted with the instruments and equipment approved and directed by CASA. In approving or directing, CASA may have regard only to the safety of air navigation.
Under subregulation 5 (1) of CAR 1988, where CASA is empowered to issue certain instruments such as approvals or directions, it may do so in a Civil Aviation Order (CAO).
For subregulation 207 (2) of CAR 1988, CASA made CAO 20.18 setting out the approval and directions for aircraft instruments and equipment to meet basic operational requirements.
Background
Subsection 3 of CAO 20.18 provides instrumentation requirements for flight under the Visual Flight Rules (V.F.R.). Details of the required instruments are set out in related appendices at the end of the CAO.
Although subsection 3 deals with all applicable forms of aircraft, the drafting of some elements of the provisions has caused confusion in the application of the appropriate appendix for the relevant kind of aircraft. This is particularly so in relation to hot air balloons and hot air airships for which, on a literal reading of the CAO, Appendix I, rather than the intended Appendix X, appears to be mandated.
In addition, subsection 5 of CAO 20.18, which deals with windshield clear vision equipment, may on a literal reading inappropriately apply to hot air balloons, causing doubts as to whether it impliedly imposed a requirement for a windshield.
The CAO amendment redrafts subsection 3 and subsection 5 to clarify and correct their application and remove doubts. Details of the amendments are set out in Appendix I of the Explanatory Statement.
Legislative Instruments Act
Under subregulation 5 (1) of CAR 1988, if CAR 1988 empowers CASA to issue instruments such as approvals or directions, CASA may do so in the form of CAOs. Under subsection 98 (5AAA) of the Act, where regulations provide for an instrument to be issued in the form of a CAO, the CAO so made is a legislative instrument. Regulation 207 of CAR 1988 empowers the making of the CAO amendment which under subsection 98 (5AAA) is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The CAO amendment contains minor machinery adjustments required to correct and clarify instrumentation and windshield requirements. As such, consultation mechanisms considered necessary were limited to the CASA web page and the Standards Consultative Committee and its Subcommittees.
Regulation Impact Statement (RIS)
The amendments will not increase costs for, or impose any additional requirements on, aircraft operators. Therefore, the Office of Best Practice Regulation (OBPR) does not require a RIS for the latest CAO amendment because a preliminary assessment of the business compliance costs indicates that the CAO amendment will have only a nil to low impact on business.
Commencement and making
The CAO amendment takes effect on the day after it is registered. It has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Civil Aviation Order 20.18 Amendment Order (No. 1) 2010]
Attachment 1
Details of latest CAO amendment
1 Name of instrument
Under this section, the instrument is named as the Civil Aviation Order 20.18 Amendment Order (No. 1) 2010.
2 Commencement
Under this section, the instrument commences on the day after it is registered.
3 Amendment of Civil Aviation Order 20.18
Under this section, Schedule 1 amends Civil Aviation Order 20.18.
Schedule 1 Amendments
[1] Subsection 3
The first amendment recasts subsection 3 of CAO 20.18 in relation to instrumentation for flight under the V.F.R.
New paragraph 3.1 deals with regular public transport (RPT) aeroplanes and charter aeroplanes.
It provides that an aeroplane engaged in an RPT operation, or in a charter operation for aeroplanes with maximum take-off weight (MTOW) above 5 700 kg, may only be operated under the V.F.R. if it is equipped with the instruments specified in Appendix II, and any other instruments and indicators specified in the aeroplane’s flight manual.
A Note explains that V.F.R. and flight manual are defined in subregulation 2 (1) of CAR 1988.
New paragraph 3.2 deals with helicopters.
It provides that a helicopter may only be operated under the V.F.R. if it is equipped with the instruments specified in Appendix VI, and any other instruments and indicators specified in the helicopter’s flight manual.
New paragraph 3.3 deals with balloons.
It provides that a hot air balloon and a hot air airship may only be operated under the V.F.R. if the balloon or the airship is equipped with the instruments specified in Appendix X, and any other instruments and indicators specified in the flight manual of the balloon or airship.
New paragraph 3.4 deals with other aircraft in private, aerial work or charter operations
It provides that an aircraft engaged in a private, aerial work or charter operation and not mentioned in paragraphs 3.1 to 3.3 above, may only be operated under the V.F.R. if it is equipped with the instruments specified in Appendix I, and any other instruments and indicators specified in the aircraft’s flight manual.
[2] Subparagraph 4.2 (d)
The second amendment corrects an error in paragraph 4.2 to ensure that equipment for helicopter flight under the Instrument Flight Rules (I.F.R.) applies only for helicopters.
[3] Subsection 5
The third amendment recasts subsection 5 of CAO 20.18 for windshield clear vision equipment.
Under paragraph 5.1, an aircraft with a flight compartment windshield may only be operated under the V.F.R. or the I.F.R. if it has a means of clearing heavy outside precipitation from the windshield at a rate which ensures an unobstructed view for each pilot.
A Note explains that I.F.R. is defined in subregulation 2 (1) of CAR 1988.
Under paragraph 5.2, paragraph 5.1 does not apply for an aeroplane with a MTOW less than 5 700 kg, or a helicopter with a MTOW less than 2 750 kg maximum, if the windshield design satisfies CASA that moderate rain will not impair the pilot’s view for take-off, landing or normal flight.