Civil Aviation Order 82.3 Amendment Order (No. 1) 2008

Overview

The Civil Aviation Order 82.3 Amendment Order (No. 1) 2008 amends the Civil Aviation Order 82.3, which contains conditions on Air Operator’s Certificates (AOC) that authorise regular public transport (RPT) operations in other than higher capacity aircraft. The Order was enacted to address a gap in the Civil Aviation Act 1988 that allowed for the issue of certificates of airworthiness in the transport category for aircraft with a maximum take-off weight of more than 3,500 kg and type certificated in the normal category, contrary to the requirements of the Civil Aviation Safety Regulations 1998. The enactment was intended to correct this anomaly by repealing Civil Aviation Order 101.4, which previously allowed such practices, and to ensure that aircraft with a maximum take-off weight exceeding 3,500 kg and type certificated in the normal category could not operate in RPT operations under the provisions of CAO 82.3. The amendment was made by the Director of Aviation Safety under subsection 84A(2) of the Act, and the resulting legislative instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Act 1988 applies to entities such as air carriers and aircraft operators who require an Air Operator’s Certificate (AOC) to conduct their operations, particularly those that involve regular public transport (RPT) in aircraft other than higher capacity ones. The Act and its subordinate instruments, including the Civil Aviation Orders (CAOs), govern the conditions under which AOCs are issued and the standards to which air operators must adhere. The Civil Aviation Order 82.3 Amendment Order (No. 1) 2008 amends CAO 82.3 to correct a regulatory oversight that previously restricted the operation of certain aircraft under AOCs for RPT operations. This Amendment Order ensures that aircraft with a maximum take-off weight exceeding 3,500 kg, which are type certificated in the normal category, can now operate in RPT as intended, aligning with the broader regulatory framework. The changes made by the Amendment Order extend to the entire Commonwealth of Australia, affecting all air operators within its jurisdiction. The amendment is a legislative instrument and is subject to parliamentary disallowance as per the Legislative Instruments Act 2003.

Key Provisions

The main operative sections of the Civil Aviation Order 82.3 Amendment Order (No. 1) 2008, under the Civil Aviation Act 1988, modify the conditions for Air Operator’s Certificates (AOC) concerning regular public transport (RPT) operations in aircraft other than higher capacity ones. Specifically, subsection 28BA(1) of the Act mandates that AOCs are effective subject to conditions outlined in the regulations and Civil Aviation Orders (CAOs). Part 82 of the CAOs, and more specifically CAO 82.3, includes such conditions. The Amendment Order seeks to rectify a discrepancy by allowing aircraft with a maximum take-off weight exceeding 3,500 kg, which were previously type certificated in the normal category contrary to the Civil Aviation Safety Regulations 1998, to participate in RPT operations under CAO 82.3. The Act imposes several obligations and requirements on the parties governed by it. Firstly, Air Operators must ensure that their operations comply with the conditions specified in the Civil Aviation Orders and regulations. This includes adhering to the specific conditions outlined in CAO 82.3, which now include provisions for aircraft exceeding 3,500 kg in take-off weight. The Amendment Order clarifies that these aircraft can now operate in RPT operations, provided they meet all other stipulated safety and operational requirements. Additionally, the Director of Aviation Safety, who made the Amendment Order under the authority granted by subsection 84A(2) of the Act, must ensure that all modifications align with the legislative intent and do not compromise aviation safety. The Amendment Order also outlines potential offences and penalties for non-compliance with the conditions specified in the CAOs and regulations. While the explanatory statement does not detail specific penalties, general provisions under the Civil Aviation Act 1988 and associated regulations may include substantial fines, suspension, or revocation of AOCs. For instance, non-compliance with safety standards or operational conditions could lead to enforcement actions by the Civil Aviation Safety Authority (CASA). These actions may range from administrative penalties to criminal charges, depending on the severity and nature of the breach. The Amendment Order, being a legislative instrument, is subject to parliamentary scrutiny and can be disallowed under sections 38 and 42 of the Legislative Instruments Act 2003.