Civil Aviation Order 95.12.1 Amendment Order (No. 1) 2005

Overview

The Civil Aviation Act 1988 was enacted to regulate the safety of civil aviation within Australia and to ensure the interests of air navigation safety are upheld. The Act empowers the Governor-General to make regulations for the Act and allows the Civil Aviation Safety Authority (CASA) to issue directions, notifications, permissions, approvals, and authorities through Civil Aviation Orders. One such amendment to the Civil Aviation Regulations 1988 (CAR 1988), introduced by the Civil Aviation Order 95.12.1 Amendment Order (No. 1) 2005, addresses the need to align the certification and operating standards for light sport aircraft (LSA) with international practices, specifically those of the United States Federal Aviation Administration. This amendment introduces new certification categories and operating limitations for LSA, including special and experimental certificates of airworthiness for both production and kit-built LSA. The amendment aims to provide a clear regulatory framework for the operation of LSA in Australia, facilitating the growth of recreational aviation while maintaining safety standards. The amendment process involved consultation with stakeholders through the Notice of Proposed Rule Making (NPRM) process and was subject to the Legislative Instruments Act 2003 for tabling and disallowance in the Parliament.

Scope and Application

The Civil Aviation Order 95.12.1 Amendment Order (No. 1) 2005 pertains to the regulation of light sport aircraft (LSA) within Australia, extending the applicability of Civil Aviation Order 95.12.1 to include LSA 2 place gyroplanes and single-place gyroplanes registered with the Australian Sport Rotorcraft Association Incorporated, provided the owner holds a current special certificate of airworthiness or experimental certificate. This amendment aligns with the broader legislative framework established by the Civil Aviation Act 1988 and Civil Aviation Regulations 1988, empowering the Civil Aviation Safety Authority (CASA) to issue directions, notifications, and approvals. The changes introduced by this Order are in response to amendments in Part 21 of the Civil Aviation Safety Regulations 1998, which introduced new certification categories for LSA and aligned airworthiness requirements with practices adopted by the United States Federal Aviation Administration. This legislative instrument is subject to the Legislative Instruments Act 2003 and was developed through a consultative process that included the Notice of Proposed Rule Making (NPRM) and ongoing engagement with the Standards Consultative Committee Recreational Aviation subcommittee. The amendment was deemed minor and of a machinery nature, thus not requiring a Regulation Impact Statement.

Key Provisions

The main operative sections of the Civil Aviation Order 95.12.1 Amendment Order (No. 1) 2005 pertain to the amendments introduced to Part 21 of the Civil Aviation Safety Regulations 1998 (CASR 1998) and the Civil Aviation Regulations 1988 (CAR 1988) that concern the certification and operating limitations for light sport aircraft (LSA). These amendments, which align Australian practices with those of the United States Federal Aviation Administration, include the introduction of a special certificate of airworthiness for production LSA (section 98 of the Civil Aviation Act 1988) and experimental certificates for both kit-built and production LSA (Regulation 5 of CAR 1988). Additionally, the Order now applies to two-place gyroplanes or single-place gyroplanes registered with the Australian Sport Rotorcraft Association Incorporated, provided the owner holds a current special certificate of airworthiness or experimental certificate (subregulation 308(1) and (4) of CAR 1988). Entities and individuals governed by the Act, including aircraft owners and operators, are required to comply with the new certification requirements for light sport aircraft as outlined in the amended Regulations. This includes obtaining the appropriate certificate of airworthiness for their aircraft, whether it is a production LSA, a kit-built LSA, or a gyroplane registered with the Australian Sport Rotorcraft Association Incorporated. The requirements for obtaining these certificates and the operating limitations for LSA are now in line with international standards, ensuring safety and consistency in the operation of these aircraft. Failure to comply with the new provisions may result in civil and criminal consequences, although specific penalties are not detailed in the provided text. The Civil Aviation Order 95.12.1 Amendment Order (No. 1) 2005 is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. This ensures that the amendments are subject to parliamentary scrutiny and oversight, reinforcing the importance of compliance with the new regulations. The process of consultation for these amendments involved the Notice of Proposed Rule Making (NPRM) process, with CASA publishing NPRM 0313CS on 25 June 2003 and closing responses on 29 August 2003. Respondents generally agreed with the proposed changes, indicating a consensus on the need for these amendments. Further consultation occurred through the Standards Consultative Committee Recreational Aviation subcommittee. The Office of Regulation Review deemed a Regulation Impact Statement unnecessary due to the minor and machinery nature of the amendments. The Director of Aviation Safety, on behalf of CASA, made the instrument in accordance with subsection 84A(2) of the Act.