Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 95.56 Instrument 2006
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 (the CAOs).
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 Civil Aviation Safety Regulations 1998 (CASR 1998), made on 15 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 CASR 1998:
- 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 practices applied by the United States Federal Aviation Administration.
This Civil Aviation Order is consequential to the amendments to CASR 1998. The Order will consolidate the maintenance requirements of aircraft certificated under regulation 21.186 of CASR 1998.
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.
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Consultation
Consultation under section 17 of the LIA was undertaken through the Notice of Proposed Rule Making (NPRM) process. CASA published an NPRM 0313C —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 the closure of the NPRM process, consultation continued through the Standards Consultative Committee Recreational Aviation sub-committee.
The Office of Regulation Review does not require a Regulation Impact Statement as the Order is of a minor or 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 95.56 Instrument 2006]
Overview
The Civil Aviation Order 95.56 Instrument 2006 was introduced to address the need for updated regulations governing the certification and operation of light sport aircraft (LSA) in Australia, aligning these regulations with international practices, particularly those of the United States Federal Aviation Administration. This instrument is an outcome of the amendments to the Civil Aviation Safety Regulations 1998, which introduced a new certification category for LSA and established specific operating limitations. The Civil Aviation Order consolidates the maintenance requirements for these aircraft, ensuring they meet safety standards. Enacted by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988, this Order aims to enhance the safety of air navigation by providing clear regulatory frameworks for the operation and maintenance of LSA. The policy objective is to facilitate the growth of recreational aviation in Australia while maintaining high safety standards, as evidenced by the consultation process involving stakeholders through the Notice of Proposed Rule Making and continued engagement with the Standards Consultative Committee.
Scope and Application
The Civil Aviation Order 95.56 Instrument 2006 applies to light sport aircraft (LSA) and the persons or entities associated with their operation. This includes individuals who are pilots, owners, or operators of LSA, as well as manufacturers and maintenance providers for these aircraft. The instrument aims to align the requirements for issuing a certificate of airworthiness for LSA and their operating limitations with the practices applied by the United States Federal Aviation Administration. Geographically, this instrument applies nationally within Australia, given its alignment with the overarching Civil Aviation Act 1988 which is of Commonwealth jurisdiction. Subregulation 308(1) of the Civil Aviation Regulations 1988 allows the Civil Aviation Safety Authority (CASA) to exempt an aircraft or associated persons from compliance with specified provisions, subject to the conditions set out in this Order. Furthermore, under the Legislative Instruments Act 2003, this instrument is classified as a disallowable instrument and must be tabled and can be subject to disallowance in the Parliament.
Key Provisions
The main operative sections of the Civil Aviation Order 95.56 Instrument 2006 pertain to the maintenance requirements for light sport aircraft (LSA). Under subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) may exempt an aircraft or persons associated with the operation of an aircraft from compliance with specified provisions of CAR 1988, including maintenance requirements. This instrument consolidates the maintenance requirements of LSAs under regulation 21.186 of the Civil Aviation Safety Regulations 1998 (CASR 1998), ensuring that these aircraft meet the appropriate safety standards.
Entities governed by this Act, including aircraft owners and operators, are required to adhere to the new maintenance standards set forth in the Civil Aviation Order 95.56 Instrument 2006. These standards align with the practices applied by the United States Federal Aviation Administration and are designed to ensure the continued airworthiness of LSAs. The obligations imposed on these parties include ensuring that their LSAs are maintained in accordance with the specified requirements, including obtaining the appropriate certificates of airworthiness as defined by the CASR 1998 amendments.
Failure to comply with the maintenance requirements set out in the Civil Aviation Order 95.56 Instrument 2006 may result in various civil and criminal consequences. For instance, non-compliance with the airworthiness requirements could lead to the revocation of the aircraft's certificate of airworthiness, rendering the aircraft ineligible to fly. Additionally, CASA has the authority to impose fines and other penalties for breaches of the regulations, with the maximum penalties varying depending on the severity and nature of the offence. It is essential for all parties involved to understand and adhere to these requirements to avoid potential legal ramifications.