CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
NEW SECTION 95.33
EUROCOPTER EC665 TIGER ARMED RECONNAISSANCE HELICOPTER
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 200.010 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that a military aircraft undergoing production flight testing or acceptance flight testing (flight testing) is exempt from the Civil Aviation Regulations 1988 (CAR 1988) and CASR 1998 if the conditions set out in the relevant section of Part 95 of the Civil Aviation Orders (CAOs) are complied with.
Military aircraft are defined in regulation 2 of CAR 1988 as aircraft of any part of the Australian Defence Force (ADF), including any aircraft that is being constructed for the ADF.
The Department of Defence has entered into a contract for the purchase of Eurocopter EC 665 Tiger Armed Reconnaissance Helicopters. Australian Aerospace Limited (AAL) has project management responsibility for the flight testing of these aircraft. If the flight testing is successful, the ADF will put the aircraft into service. In accordance with CAR 1988, therefore, the aircraft are military aircraft to which regulation 200.010 of CASR 1998 may apply.
In accordance with regulation 200.010, section 95.33 has been made to set out the conditions with which the aircraft must comply if they are to be exempt from CAR 1988 and CASR 1998 while undergoing flight testing.
Under the conditions, AAL must exercise the authorisation and control of the flight testing necessary to ensure the airworthiness of the aircraft. Before beginning flight testing, AAL personnel must inspect the aircraft to determine whether it complies with the design standard and is suitable for flight testing.
The ADF must exercise the authorisation and control of the flight testing necessary to ensure the aircrew are properly qualified and experienced, and that any ADF pilots are properly authorised. The flight testing must be conducted in accordance with particular ADF and AAL flight manuals and other technical publications and limitations referred to in the CAO.
Flight testing, or other flights in relation to flight testing, conducted outside military airspace must be conducted in accordance with the Joint Aviation Standards and Procedures (JASAP) issued by Airservices Australia and the Department of Defence. The other flights referred to include transit flights to flight testing areas.
The Office of Regulation Review has advised that a Regulation Impact Statement is not required. The CAO is not likely to have direct, or substantial indirect, effect on business and is not likely to restrict competition.
The CAO has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Amendment Order (No. 6) 2004]
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and the protection of the public. In addressing the need for the safe conduct of flight testing for military aircraft, the Act empowers the Governor-General to make regulations in the interests of air navigation safety. The Civil Aviation Amendment Order (No. 6) 2004 introduced section 95.33 to set out specific conditions for the exemption of military aircraft, such as the Eurocopter EC665 Tiger Armed Reconnaissance Helicopters, from certain Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998 during production and acceptance flight testing. The policy objective of these conditions is to ensure that the flight testing is conducted safely and in accordance with established military and civil aviation standards. This amendment was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), in line with the Act's provisions.
Scope and Application
The Civil Aviation Act 1988 and its subsidiary regulations, such as the Civil Aviation Orders (CAO), apply to all aircraft and aviation activities within Australia, ensuring safety and compliance with national standards. Section 95.33, newly introduced through regulation 200.010 of the Civil Aviation Safety Regulations 1998, provides specific conditions under which military aircraft, like the Eurocopter EC665 Tiger Armed Reconnaissance Helicopter, can be exempt from certain regulatory requirements during flight testing. This exemption is contingent upon the compliance with stringent conditions that ensure the safety and airworthiness of the aircraft. These conditions include the requirement for Australian Aerospace Limited to inspect and control the flight testing to guarantee the aircraft's compliance with design standards and suitability for flight, as well as the Australian Defence Force's responsibility for ensuring that aircrew are properly qualified and authorised. Additionally, flight testing outside military airspace must adhere to the Joint Aviation Standards and Procedures issued by Airservices Australia and the Department of Defence.
Key Provisions
Section 95.33 of the Civil Aviation Act 1988 sets specific conditions for the exemption of Eurocopter EC 665 Tiger Armed Reconnaissance Helicopters from the Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998 during their flight testing phase. This is necessary to ensure the safety of the aircraft while they undergo production or acceptance flight testing. The main requirement is that Australian Aerospace Limited (AAL), which has the project management responsibility for the flight testing, must ensure that the aircraft is airworthy and meets the design standards before commencing flight tests. The Australian Defence Force (ADF) must ensure that the aircrew are properly qualified and experienced, and that any ADF pilots are properly authorized.
The obligations imposed by the Act on AAL and the ADF are substantial. AAL is responsible for inspecting the aircraft to verify its compliance with design standards and suitability for flight testing. They must exercise the necessary authorisation and control over the flight testing to ensure airworthiness. The ADF, on the other hand, must ensure that all aircrew members are properly qualified and experienced, and that any ADF pilots are properly authorised. The flight testing must be conducted in accordance with specific ADF and AAL flight manuals and other technical publications and limitations as outlined in the Civil Aviation Orders. Any flight testing conducted outside military airspace must adhere to the Joint Aviation Standards and Procedures issued by Airservices Australia and the Department of Defence.
Breaches of the conditions outlined in Section 95.33 can lead to significant consequences. Although the Act does not explicitly state penalties for non-compliance, failure to adhere to these conditions can result in the aircraft not being deemed airworthy, which could lead to refusal to permit flight testing or service entry. This, in turn, could have broader implications for the ADF's operational readiness and the effectiveness of the military aircraft program. Non-compliance could also lead to legal actions under other relevant aviation safety regulations, potentially resulting in fines, imprisonment, or other civil or criminal penalties as prescribed by the Civil Aviation Act 1988 and associated regulations.