Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 95.32 Amendment Order (No. 1) 2005
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Regulation 5 of the Civil Aviation Regulations 1988 (CAR 1988) empowers CASA to issue any direction or notification or give permission, approval or authority in Civil Aviation Orders.
Subregulation 308 (1) of CAR 1988 provides that CASA may exempt an aircraft or persons associated with the operation of an aircraft from compliance with specified provisions of CAR 1988.
Amendments to Part 21 of the Civil Aviation Safety Regulations 1998 (CASR 1998), commenced on 20 December 2005, introduce a new certification category of aircraft called light sport aircraft (LSA). The amendments also amend CAR 1988 to define the operating limitations for LSA consequential to the amendments made to CASR 1998 Part 21.
The amendments to the Regulations:
- introduce a special certificate of airworthiness for production LSA
- introduce an experimental certificate for kit-built LSA
- introduce an experimental certificate for production LSA that cannot meet the LSA standards for a special certificate of airworthiness for LSA
- align the requirements for issuing a certificate of airworthiness for LSA and operating LSA with the same practices applied by the United States Federal Aviation Administration.
This amendment to Civil Aviation Order 95.32 gives effect to the amendments to the Regulations. The Order is amended so that it now also applies to LSA weight-shift control aeroplanes registered with the Hang Gliding Federation of Australia Incorporated, LSA weight-shift control aeroplanes and LSA powered parachutes registered with Recreational Aviation Australia Incorporated, and for which the owner holds a current special certificate of airworthiness or experimental certificate.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. The instrument is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultations under section 17 of the LIA was undertaken through the Notice of Proposed Rule Making (NPRM) process. CASA published an NPRM 0313CS — Airworthiness Requirements for Light Sport Aircraft – Proposed Amendment to CASR Part 21, on 25 June 2003. Responses to the NPRM closed 29 August 2003. Respondents agreed to the proposed changes. Following closure of the NPRM process, consultation continued through the Standards Consultative Committee Recreational Aviation subcommittee.
The Office of Regulation Review does not require a Regulation Impact Statement as the amendment is minor and of a machinery nature.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Order 95.32 Amendment Order (No. 1) 2005]
Overview
The Civil Aviation Order 95.32 Amendment Order (No. 1) 2005 was enacted to address the introduction of a new category of aircraft known as light sport aircraft (LSA) and the associated operational and certification requirements. This amendment arises from changes introduced in Part 21 of the Civil Aviation Safety Regulations 1998 and serves to align the requirements for airworthiness and operation of LSA with practices adopted by the United States Federal Aviation Administration. The objective of this amendment is to ensure that the regulations governing the operation of LSA in Australia are consistent with international standards while also addressing specific needs and characteristics of this new category of aircraft. This legislative instrument is subject to parliamentary oversight and disallowance procedures under the Legislative Instruments Act 2003. The amendment was developed following extensive consultation with stakeholders, including through the Notice of Proposed Rule Making process, and was deemed minor and of a machinery nature, thus not requiring a Regulation Impact Statement.
Scope and Application
The Civil Aviation Order 95.32 Amendment Order (No. 1) 2005 amends Civil Aviation Order 95.32 to extend its application to certain light sport aircraft (LSA) registered with specific organisations and for which the owner holds a current special certificate of airworthiness or experimental certificate. This amendment aligns with changes introduced to the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998, which establish a new category of aircraft known as light sport aircraft. The amended Order applies to LSA weight-shift control aeroplanes registered with the Hang Gliding Federation of Australia Incorporated and LSA weight-shift control aeroplanes and LSA powered parachutes registered with Recreational Aviation Australia Incorporated. This extension is intended to ensure consistency in the application of airworthiness standards and practices for LSA across different regulatory bodies and aligns with practices adopted by the United States Federal Aviation Administration. The amendment is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament. Consultation on the proposed changes was conducted through the Notice of Proposed Rule Making process and ongoing discussions with the Standards Consultative Committee Recreational Aviation subcommittee.
Key Provisions
The Civil Aviation Order 95.32 Amendment Order (No. 1) 2005 amends Civil Aviation Order 95.32 to include light sport aircraft (LSA) within its scope, which are newly defined in the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, and Regulation 5 of the Civil Aviation Regulations 1988 allows the Civil Aviation Safety Authority (CASA) to issue directions, notifications, or approvals. The amendment under subregulation 308(1) of CAR 1988 allows CASA to exempt aircraft or associated persons from specified provisions of CAR 1988, and these amendments introduce new certification categories and operating limitations for LSA. The Order applies to LSA weight-shift control aeroplanes and LSA powered parachutes registered with certain aviation organisations, provided the owner holds a current special certificate of airworthiness or an experimental certificate.
The obligations imposed by these amendments require CASA to issue appropriate certificates of airworthiness for production and kit-built LSA, ensuring they meet the standards set out in the Civil Aviation Safety Regulations 1998. Owners and operators of LSA must ensure their aircraft meet the new certification requirements and operating limitations specified in the Order. They must also maintain their aircraft in accordance with the standards set out in the Civil Aviation Safety Regulations 1998 and comply with any specific conditions imposed by CASA in relation to their certificate of airworthiness. Operators must also ensure that pilots hold the appropriate licences and ratings for the operation of LSA.
Failure to comply with the requirements of the amended Order can result in various penalties and consequences. Under section 56 of the Civil Aviation Act 1988, CASA may take enforcement action against individuals or entities that fail to comply with the regulations, including the issuance of fines, suspension or revocation of airworthiness certificates, and other administrative actions. The maximum penalties for breaches of the Civil Aviation Act 1988 can vary depending on the nature and severity of the breach but can include fines of up to $222,200 for individuals and $1,111,000 for bodies corporate, as well as imprisonment for up to two years for serious offences. CASA may also refer matters to the Australian Transport Safety Bureau or other relevant authorities for further investigation or prosecution.