Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AMENDMENT REGULATIONS 2000 (NO. 4) 2000 NO. 205

Statutory Rules 2000 No. 205

Issued by the Authority of the Minister for Transport and Regional Services

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2000 (No. 4)

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.

Subsection 9 (1) of the Act specifies that the Civil Aviation Safety Authority (CASA) has the function of, among other things, conducting safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise safety standards.

The Civil Aviation Regulations 1988 (CAR 1988) were amended on 16 August 1999 and introduced new requirements for an aircraft flight manual and the management of aircraft flight manuals. A transition period of twelve months was provided for the holder of the aircraft's Certificate of Registration to ensure their particular aircraft had an aircraft flight manual that meets the new requirements specified in the amended regulations.

CASA became aware that many aircraft owners and operators of small general aviation aircraft would not be able to comply with the requirements by the time the transition period expires on 16 August 2000. In these circumstances the certificate holder would be considered in breach of the regulations from 16 August 2000 if they were to fly their aircraft without meeting the new flight manual requirements.

The Regulations are amended to extend the period for compliance with the requirements initially specified in the previous CAR 1988 amendment from 1 year to 3 years for aircraft other than those with a Certificate of Airworthiness in the Transport (passenger carrying) category.

Details of the amending Regulations are attached.

The Regulations commence on gazettal.

ATTACHMENT

Civil Aviation Amendment Regulations 2000 (No. 4)

DETAILS OF THE AMENDING REGULATIONS

Regulation 1

Regulation 1 sets out the name of the regulations as the Civil Aviation Amendment Regulations 2000 (No. 4).

Regulation 2

Regulation 2 provides that these Regulations commence on gazettal.

Regulation 3

Regulation 3 provides that the Civil Aviation Regulations 1988 are amended as set out in Schedule 1.

Schedule 1 - Amendments

Item 1

Item 1 amends subregulation 322 (4) by replacing the existing wording dealing with the previous transition period of 1 year with the revised transitional period. The revised transitional period of a further 2 years only applies to those aircraft not having a certificate of airworthiness in the transport category. A penalty of 50 penalty points apply if not complied with.