Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 95.55 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), commence 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 95.55 gives effect to the amendment to the Regulations. The Order is amended so that it now also applies to LSA three-axis control aeroplanes 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 95.55 Amendment Order (No. 1) 2005]
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for civil aviation in Australia, addressing the need for safety regulation in the burgeoning aviation industry. 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. The Parliament of Australia enacted this legislation to ensure a robust regulatory environment that safeguards the interests of passengers, operators, and the general public. The Civil Aviation Order 95.55 Amendment Order (No. 1) 2005 was introduced to amend existing regulations to accommodate a new category of aircraft known as light sport aircraft (LSA). The amendments align the requirements for issuing a certificate of airworthiness for LSA and operating LSA with practices applied by the United States Federal Aviation Administration, thereby ensuring consistency and safety in the operation of these aircraft. This amendment was made in response to consultations and feedback from stakeholders, ensuring that the changes were in line with industry practices and safety standards.
Scope and Application
The Civil Aviation Order 95.55 Amendment Order (No. 1) 2005 applies to the light sport aircraft (LSA) category introduced under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. Specifically, it concerns aircraft registered with Recreational Aviation Australia Incorporated and their owners who hold a current special certificate of airworthiness or experimental certificate. This amendment aligns the regulatory requirements for light sport aircraft with practices applied by the United States Federal Aviation Administration, introducing new certification categories and operating limitations for these aircraft. The amendment also extends the application of Civil Aviation Order 95.55 to LSA three-axis control aeroplanes. This legislative instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, and the amendment process involved consultations through the Notice of Proposed Rule Making process and the Standards Consultative Committee Recreational Aviation subcommittee.
Key Provisions
Section 98 of the Civil Aviation Act 1988 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 further empowers the Civil Aviation Safety Authority (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. The Civil Aviation Order 95.55 Amendment Order (No. 1) 2005, amends Part 21 of the Civil Aviation Safety Regulations 1998 and the Civil Aviation Regulations 1988 to introduce a new certification category of aircraft called light sport aircraft (LSA). This amendment to Civil Aviation Order 95.55 gives effect to the amendment to the Regulations by extending its application to LSA three-axis control aeroplanes registered with Recreational Aviation Australia Incorporated, and for which the owner holds a current special certificate of airworthiness or experimental certificate.
The new provisions impose several obligations on parties involved in the operation of light sport aircraft. Owners of such aircraft must obtain the appropriate certificate of airworthiness for their aircraft. This certificate must be current and meet the requirements set out in the Civil Aviation Safety Regulations 1998. Additionally, the aircraft must meet the operating limitations specified in the Civil Aviation Regulations 1988. Failure to comply with these requirements may result in the aircraft being deemed unairworthy, which could lead to severe consequences, including grounding of the aircraft and potential legal action against the owner or operator.
The Civil Aviation Order 95.55 Amendment Order (No. 1) 2005 introduces several offences, penalties, and civil or criminal consequences for breaches of the regulations. The maximum penalties for non-compliance with the airworthiness requirements can include fines of up to $33,000 for individuals and $165,000 for corporations. Additionally, CASA has the authority to take enforcement actions such as grounding the aircraft, cancelling the certificate of airworthiness, and imposing further administrative penalties. It is essential for all parties involved in the operation of light sport aircraft to understand and comply with these requirements to ensure the safety of air navigation and avoid potential legal repercussions.