Federal Register of Legislation - Australian Government

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CASA EX110/20 Exemptions as made
This instrument enables operators and pilots in command to carry out a particular kind of flight related to the manufacture or delivery of certain high-capacity aircraft (a relevant high-capacity flight) although 1 or both of the following does not comply with a requirement to be registered with the Australian Maritime Safety Authority: (a) an approved emergency locator transmitter (ELT) fitted to, or carried on, an aircraft being used to carry out a relevant high-capacity flight; (b) an approved portable ELT carried on an aircraft of that kind.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 31 Jul 2020
To be repealed 25 Mar 2021
Repealed by Self Repealing

Instrument number CASA EX110/20

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

30 July 2020

1          Name

                 This instrument is CASA EX110/20 – Emergency Locator Transmitters (AMSA Registration Requirement – Relevant High-Capacity Flights) Exemption 2020.

2          Duration

                 This instrument:

(a)   commences on 1 August 2020; and

(b)   is repealed at the earlier of the following:

             (i)  the commencement of the Civil Aviation Safety Amendment (Part 91) Regulations 2018;

            (ii)  the end of 31 July 2023.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: aircraft, operator, of an aircraft, and pilot in command.

                 In this instrument:

AMSA means the Australian Maritime Safety Authority.

approved ELT has the meaning given by subregulation 252A (7) of CAR, as in force at the time this instrument commences.

approved portable ELT has the meaning given by subregulation 252A (7) of CAR, as in force at the time this instrument commences.

Note   For the kinds of devices covered by the acronym “ELT”, see the note located below the definition of unregistered ELT.

exempted aircraft has the meaning given by subregulation 252A (7) of CAR, as in force at the time this instrument commences.

high-capacity, in relation to an aircraft, has the meaning given by subregulation 252A (7) of CAR, as in force at the time this instrument commences.

relevant high-capacity flight means a flight carried out in an Australian registered high-capacity aircraft for a purpose related to one or more of the following:

(a)   the aircraft’s manufacture;

(b)   preparing the aircraft after its purchase or transfer of operator;

(c)   delivering the aircraft after its purchase or transfer of operator;

(d)   positioning the aircraft from a location outside Australia to a place where one or both of the following will be registered with AMSA:

             (i)  an approved ELT for the aircraft;

            (ii)  an approved portable ELT for the aircraft.

unregistered ELT means an ELT that, if it were registered with AMSA, would be:

(a)   an approved ELT; or

(b)   an approved portable ELT.

Note   Subregulations 252A (5) and (6) of CAR provide that for an ELT to be, respectively, an approved ELT and an approved portable ELT, the ELT must be an eligible ELT that meets additional requirements listed in those subregulations (whichever applies). Under subregulation 252A (7) of CAR, the term eligible ELT means an emergency locator transmitter, emergency position indicating radio beacon (EPIRB) or personal locator beacon (PLB) that meets the requirements mentioned in subregulation 252A (4). Subregulation 252A (4) of CAR lists the requirements that an emergency locator transmitter, EPIRB or PLB must meet to be an eligible ELT including, relevantly at paragraph (b), that it must be registered with AMSA.

4          Application

                 This instrument applies in relation to a relevant high-capacity flight.

5          Exemption — operator and pilot in command of aircraft (whether or not exempted aircraft)

        (1)     Each of the following persons is exempt from compliance with subsection 6 of Civil Aviation Order 20.11, to the extent that the subsection requires those persons to ensure that an approved ELT or an approved portable ELT fitted to, or carried on, an aircraft being used to carry out a relevant high-capacity flight is registered with AMSA:

(a)   the operator of the aircraft;

(b)   the pilot in command of the aircraft.

        (2)     The exemption is subject to the condition mentioned in subsection 8 (1).

6          Exemption — operator and pilot in command of exempted aircraft

        (1)     Each of the following persons is exempt from compliance with regulation 252 of CAR, to the extent that the regulation requires those persons to ensure that an approved ELT or an approved portable ELT fitted to, or carried on, an exempted aircraft being used to carry out a relevant high-capacity flight is registered with AMSA:

(a)   the operator of the exempted aircraft;

(b)   the pilot in command of the exempted aircraft.

        (2)     The exemption is subject to the conditions mentioned in subsections 8 (1) and (2).

7          Exemption — pilot in command of aircraft other than exempted aircraft

        (1)     The pilot in command of an aircraft, other than an exempted aircraft, being used to carry out a relevant high-capacity flight is exempt from compliance with subregulation 252A (1) of CAR to the extent that the subregulation requires the pilot in command to ensure that each of the following is registered with AMSA:

(a)   an approved ELT fitted to the aircraft;

(b)   an approved portable ELT carried on the aircraft.

        (2)     The exemption is subject to the condition mentioned in subsection 8 (1).

8          Conditions

        (1)     Each of the following persons must ensure that no fare-paying passengers are carried on an aircraft being used to carry out a relevant high-capacity flight:

(a)   the operator of the aircraft;

(b)   the pilot in command of the aircraft.

        (2)     Each of the following persons must ensure that an unregistered ELT fitted to, or carried on, an exempted aircraft being used to carry out a relevant high-capacity flight is in working order:

(a)   the operator of the aircraft;

(b)   the pilot in command of the aircraft.