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CIVIL AVIATION SAFETY AMENDMENT REGULATIONS 2010 (NO. 2) (SLI NO 277 OF 2010)
EXPLANATORY STATEMENT
Select Legislative Instrument 2010 No. 277
Issued by the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
Civil Aviation Act 1988
Civil Aviation Safety Amendment Regulations 2010 (No. 2)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. That subsection also provides that the Governor-General may make regulations in relation to the safety of air navigation, being regulations with respect to any other matters for which the Parliament has power to make laws.
Subsection 9 (1) of the Act specifies, in part, that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.
These Regulations amend the Civil Aviation Safety Regulations 1998 (CASR) by inserting a new Part 90, entitled “Additional Airworthiness Requirements”, into those regulations. The new Part 90 sets out aircraft airworthiness requirements to supplement the existing design standards known as the type certification requirements. These regulations apply to aircraft issued with a certificate of airworthiness. However, these regulations do not apply to balloons, airships, sailplanes, light sport aircraft, experimental aircraft, amateur built aircraft, or aircraft issued with a special flight permit or a provisional certificate of airworthiness. Registered aircraft operators are responsible for ensuring compliance to these additional requirements prior to operations.
The new CASR Part 90 consolidates and retains the existing requirements currently stated in 18 Airworthiness Directives contained in the series of ADs referred as General ADs, with minimal change. These existing requirements have been reviewed and updated to improve clarity and consistency, and to make the applicability requirements compatible with the relevant operational requirements.
Subparts 90.C and 90.D, relating to aeroplanes used in air transport operations, have been developed to be more closely aligned with United States Federal Aviation Regulations (FAR) Part 121 (Operating requirements – Domestic, Flag and Supplemental Operations) and Part 135 (Operating requirements – Commuter and On-demand Operations) and the European Joint Aviation Requirements (JAR) contained in JAR-26 (Additional Airworthiness Requirements). This ensures harmonisation with other major National Airworthiness Authorities.
The new CASR Part 90 regulations also establish the aircraft requirements for:
Operating, or permitting another to operate aircraft which does not comply with these standards is an offence under the new Part 90.
The new CASR Part 90 also empowers CASA to publish a Manual of Standards (MOS), containing detailed airworthiness standards and technical specifications for these new aircraft requirements within Part 90.
Where the new Part 90 covers matters currently specified in an Airworthiness Directive the relevant Airworthiness Directive will be revoked under CASR Part 39 on 1 December 2010.
The Office of Best Practice Regulation (OBPR) has assessed that the amendments are likely to have a low impact on business, and imposes no or low compliance costs and as such the preparation of a Regulation Impact Statement (RIS) is not required.
Details of the amendments are set out in the Attachment.
The Regulations commence on 1 December 2010. Regulations in Schedule 2 and Schedule 3 commence on 1 March 2012 and 1 January 2016 respectively, to allow operators sufficient time to comply with the standards.
ATTACHMENT
Civil Aviation Safety Amendment Regulations 2010 (No. 2)
Regulation 1 provides that the title of the Regulations be the Civil Aviation Safety Amendment Regulations 2010 (No. 2).
Regulation
2 provides that Regulations 1 to 3 and Schedule 1 commence on
1 December 2010. Schedule 2 will commence on 1 March 2012, and Schedule 3
will commence on 1 January 2016.
Regulation 3 provides that Schedules 1, 2 and 3 will amend the Civil Aviation Safety Regulations 1998 (CASR).
Item 1 inserts the new heading for Part 90, entitled ‘Additional Airworthiness Requirements’.
The Item 1 Note inserts the table of contents for Part 90.
This regulation explains that Part 90 sets out the airworthiness requirements for aircraft that supplement the design standards for type certification, and any requirements for the issue of a certificate of airworthiness for the aircraft under Part 21 of the CASR
This regulation introduces a number of new definitions specifically for this Part, including ‘Part 90 Manual of Standards’ which contains detailed airworthiness standards and technical specifications for certain items required by Part 90, such as cabin crew seating, emergency exits, fire protection and landing gear systems.
This regulation enables CASA to exclude an aircraft or aeronautical product from the operation of a provision provided the registered operator applies in writing to CASA and CASA is satisfied that:
· it is not practical for the aircraft or aeronautical product to meet the requirements of the provisions, and
· an acceptable level of aviation safety is maintained.
The following is an example of an exemption and accompanying condition, which could be granted under this provision:
An observer's seat is installed in the aisle immediately in front of the cockpit door but the door structure is not physically strong enough to have a symmetric shoulder harness attached to it, as contemplated by the regulations. CASA may provide relief against the regulatory requirement so that the lap/sash is alternatively installed to attach to the wall structures. Whilst a lap/sash harness does not provide the same level of sideways restraint, this type of installation is acceptable to CASA because the aisle walls have provided an equivalent sideways restraint. As part of determining that the alternative attachment regime may be allowed, CASA may place a condition on the exemption such as stipulating that the walls of the aisle are to be clear of objects and are to have no sharp protuberances adjacent to where the seat is installed.
This regulation provides that selected requirements in Part 90 do not apply if CASA has, before 1 December 2010, excluded a particular aircraft or aeronautical product, or particular kind of aircraft or aeronautical product, from the operation of any Airworthiness Directive listed in Table 90.015. This occurs when an operator cannot physically comply with the requirements of the Airworthiness Directive but can demonstrate an equivalent level of safety by other means.
This regulation specifies that CASA may issue a Manual of Standards for this Part that sets out matters relating to airworthiness of, or design standards for, aircraft.
This regulation specifies that Subpart 90.B applies to aircraft other than an aircraft for which a special certificate of airworthiness, an experimental certificate, a special flight permit or a provisional certificate of airworthiness is in force, or a balloon, airship, sailplane or powered sailplane.
This regulation requires each flight crew seat, and each cockpit front seat to be equipped with an approved safety harness that meets the standards set out in the regulation.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires a seat on a small aeroplane manufactured on or after 13 December 1986, other than a multi-engine aeroplane that has 10 or more passenger seats, to have an approved seat belt and shoulder harness if the seat is used during take-off or landing.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires a seat on a helicopter manufactured on or after 17 September 1992 to have an approved seat belt and shoulder harness if the seat is used during take-off or landing.
The regulation also requires a means to secure each seat belt and harness when it is not in use so as not to hinder an occupant should they be required to leave the helicopter in an emergency.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires a side-facing seat on an aircraft to be equipped with a lap belt or a safety harness and an energy-absorbing rest that would protect the occupant’s head during an emergency landing.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units
New regulation 90.125 – Cabin crew seats
This regulation requires a cabin crew member seat to meet the applicable standard in the Part 90 Manual of Standards.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units/
This regulation sets out the requirements in relation to the opening, marking and locking mechanism of an external door in an aircraft. The regulation also requires an external door to meet the requirements within Part 90 for an emergency exit.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units/
This regulation sets out the requirements for access to, marking and signs of emergency exits. For an aircraft with 7 or more seats, each exit sign and instructions must be provided with suitable lighting if the cabin is in darkness and access must not be blocked by a seat back unless it can be easily moved with clearly marked instructions.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires the lighting in the cargo or baggage compartment to be protected against the possibility of accidental damage and must be insulated so that baggage cannot be subjected to excessive heat.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires thermal/acoustic insulation installed in the fuselage to meet the flame propagation standard of United States Federal Aviation Regulations (FAR) Paragraph 25.856(a) for large transport category aircraft other than an aeroplane of a particular type if a certificate of airworthiness was issued in respect of at least one aeroplane of that type before 1 January 1958.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation specifies that Subpart 90.C applies only to large aeroplanes engaged in air transport operations.
This regulation requires a passenger aeroplane with an emergency door that is higher than 1.83m from the ground when the aeroplane’s landing gear is extended, to be equipped with an escape device that meets the applicable standard in the Part 90 Manual of Standards. The regulation specifically excludes from the requirement the rear window emergency exit of a DC-3 aeroplane that is being operated with 35 occupants or less.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation specifies the maximum distance between any 2 adjacent passenger emergency doors for an aeroplane that is required to have more than 1 passenger emergency exit on each side of the fuselage. However this regulation does not apply to an aeroplane that was in operation and had an emergency exit configuration installed and approved before 16 October 1987.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires that each passageway in a passenger aeroplane leading to, and each area providing access to, an emergency exit must meet the applicable standard in the Part 90 Manual of Standards.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires that the identification marking for an emergency exit, and each location sign and instruction for opening a passenger emergency door of a passenger aeroplane must meet the applicable standard in the Part 90 Manual of Standards.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires the interior emergency lighting system of a passenger aeroplane to meet the applicable standard in the Part 90 Manual of Standards.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires the floor proximity emergency escape path for a passenger aeroplane with 31 or more seats and certificated on or after the 1 January 1958 to meet the applicable standard in the Part 90 Manual of Standards.
The floor proximity emergency escape path provides visual guidance for emergency evacuation of the passenger cabin when all sources of cabin lighting above the cabin floor are totally obscured by smoke.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires the outside of an emergency door on a passenger aeroplane to be marked so that it meets the applicable standard in the Part 90 Manual of Standards.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires each over-wing exit or an escape device fitted to a passenger transport category aeroplane to be fitted with an exterior emergency lighting system that meets the applicable standard in the Part 90 Manual of Standards.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires each over-wing emergency exit in a passenger aeroplane to have an over-wing escape route that meets the applicable standard in the Part 90 Manual of Standards.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires materials, other than seat cushion materials, used in the interior of the cabin of a transport category aeroplane with 20 or more passenger seats to meet the applicable standard in the Part 90 Manual of Standards.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires seat cushion materials, other than a flight crew member’s seat cushion, on a transport category aeroplane that has 31 or more passenger seats and was originally certificated on or after 1 January 1958 to comply with the flammability requirement in the United States FAR 25.853 (c), as in force on 26 November 1984.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires,
for a transport category aeroplane certificated on or after
1 January 1958, the ceiling and wall liner panels of a Class C compartment or
Class D compartment larger than 5.66 m³ to be constructed of:
· glass fibre reinforced resin, or
· one or more materials that meet an approved flame penetration test such as FAR Part 25, Appendix F Part III, or
· an aluminium liner installation approved before 20 March 1989.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units
This regulation requires a Class D compartment in a transport category aeroplane that was originally certificated on or after 1 January 1958 and is used in regular public transport operations, to be upgraded to meet Class C compartment standards for a passenger operations aircraft or a Class E compartment standards for any other aircraft. The standards to be met are those set out in the United States FARs specified in the regulation.
The difference between these cargo and baggage compartments are as follows:
· The Class D compartment is designed and constructed with fire resistant lining so that a fire occurring therein will be confined without endangering the safety of the airplane or the occupants;
· The Class C compartment has the highest protection having fire resistant lining, a smoke or fire detector system and a built-in fire-extinguishing system; and
· The Class E compartment has a fire resistant lining, a smoke or fire detector and must have a means of shutting off the air flow by the flight crew.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires both sides of a door to an aeroplane toilet of large passenger-carrying aeroplanes to have a placard to indicate that smoking is not permitted. The regulation also requires each toilet in an aeroplane that has 31 or more passenger seats to be equipped with a smoke detector, and each waste receptacle in the toilet to have a built-in fire extinguisher.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
A note also indicates that from 1 March 2012 this requirement applies to passenger-carrying aeroplanes with 20 or more passenger seats.
This regulation requires any thermal/acoustic insulation in the lower half of the fuselage to meet the flame penetration resistance standard of FAR Paragraph 25.856(b). This applies to an aeroplane with 20 seats or more manufactured after 2 September 2009 and engaged in regular public transport but does not apply to an aeroplane if a certificate of airworthiness was issued in respect of at least one aeroplane of that type before 1 January 1958.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires the seats in a transport category aeroplane, which
· is certificated on or after 1 January 1958; and
· is manufactured on or after 27 October 2009; and
· is engaged in regular public transport;
to meet the standards of the United States FAR Section 25.562.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation requires a turbine-powered transport category aeroplane that has a flight instrument pitot heating system and is engaged in regular public transport to have an indication system that indicates if the pitot heating system is not working.
A note also indicates that from 1 March 2012 there will also be a requirement for certain aeroplanes under this Subpart to have landing gear aural warning systems.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation specifies that Subpart 90.D applies only to small aeroplanes engaged in air transport operations.
This regulation sets out the requirements for cargo and baggage compartments in an aeroplane with 10 or more seats.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation sets out the standards for requirements in relation to emergency exits in an aeroplane that has 10 or more passenger seats and is engaged in regular public transport operations. This regulation is sourced from the United States FAR 135 - Appendix A.
A note also indicates
that this regulation will be extended to charter operations when the provisions
for CASR Part 121 and 135 commence. A second note indicates that from
1 March 2012 there will also be a requirement for certain aeroplanes under this
Subpart to have landing gear aural warning systems.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This regulation specifies that Subpart 90.E applies to helicopters engaged in regular public transport operations.
This regulation sets out the requirements in relation to the marking and lighting of emergency exits for a passenger helicopter.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This item amends regulation 201.004 so that an application may be made to the Administrative Appeals Tribunal for review of a decision, under regulation 90.010, refusing to exclude an aircraft or aeronautical product from the operation of a provision of Part 90.
This item amends the Dictionary by inserting a definition for air transport operations. This term clarifies that the meaning of this term includes both regular public transport and charter operations.
This item amends the Dictionary by inserting a definition for cabin crew member. This term clarifies the meaning of a crew member in relation to the duties performed on the aircraft.
This item amends the Dictionary by inserting a definition for registered operator which refers to regulation 47.100. This term clarifies the criteria of a registered operator.
This item removes item 10 in Part 2 of the Dictionary that references a note for air transport operations. Item 10 is no longer necessary because a definition for air transport operations appears in the Dictionary.
These items amend paragraph 90.020(2) by inserting landing gear aural warning systems and associated devices in the regulation that lists the matters on which CASA may issue a Manual of Standards for this Part.
This item extends the requirements in regulation 90.230 to passenger-carrying transport category aeroplanes with 20 or more passenger seats.
This item removes the note that initially indicates that the regulation 90.230 requirements commence applying to passenger-carrying aeroplanes with 20 or more passenger seats from 1 March 2012.
This item extends the requirements in subregulation 90.270 (3) to passenger-carrying aeroplanes with 20 or more passenger seats.
This item removes the note that initially indicates that the subregulation 90.270(3) requirements commence applying to passenger-carrying aeroplanes with 20 or more passenger seats.
This item inserts a new regulation 90.290. This regulation would explain that Part 90 sets out the airworthiness requirements for aircraft that supplement the design standards for type certification, and any requirements for the issue of a certificate of airworthiness for the aircraft under Part 21 of the CASR.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This item removes the note that initially indicates that the requirement for landing gear aural warning systems for small aeroplanes engaged in air transport operations will be introduced on 1 March 2012.
This item inserts a new regulation 90.415. This regulation requires a small aeroplane that:
· has 10 or more passenger seats, wing flaps and retractable landing gear; and
· is engaged in air transport operations;
to have a landing gear aural warning system and associated devices that meet the standards set out in the Part 90 Manual of Standards.
Non-compliance with this regulation is an offence of strict liability. This incurs 50 penalty units.
This item inserts a definition for amphibian. This item was introduced as the term appears in regulation 90.415.
This item substitutes subregulation 90.255(1) to expand the applicability of the flammability requirements for seat cushions in regulation 90.255.
From 1 January 2016, all transport category large aeroplanes certificated on or after
1 January 1958, and non-transport category large aeroplanes certificated on or after
1 January 1965, must comply with this standard.