Legislative changes - Amendment to CAO 20.18
Amendment to CAO 20.18
CAO 20.18 - Aircraft Equipment - Basic Operational Requirements
Civil Aviation Amendment Order (No. 11) 2002 (19K Adobe Acrobat file)
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (the Regulations) provides that an Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment as the Civil Aviation Safety Authority (CASA) approves or directs.
Subregulation 5 (1) of the Regulations provides that whenever CASA is empowered by the Regulations to give directions or approvals, it may do so in Civil Aviation Orders (the Orders).
Section 20.18 of the Orders sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations.
Subsection 10 of Civil Aviation Order 20.18 specifies the take-off serviceability requirements for instruments and equipment fitted to an Australian aircraft.
Paragraph 10.1 stated that all instruments and equipment fitted to an aircraft had to be serviceable before take-off unless, as set out in subparagraphs (a), (b) and (c), flight with the unserviceable items has been approved by CASA or the unserviceability was permitted under a permissible unserviceability schedule. Some doubts had been expressed concerning the effect of this paragraph. It has been asked whether equipment installed only for the purpose of passenger convenience has to meet the requirements of paragraph 10.1.
In order to clarify the situation, the Order includes a new subparagraph (d) in paragraph 10.1. This provides that items of passenger convenience that do not affect the airworthiness of the aircraft need not be serviceable.
The Order also omits paragraph 10.1AA which ceased to have any effect at the end of February 2002.
The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the amendment is of a minor or machinery of government in nature.
The Order has been issued by the Acting Director of Aviation Safety in accordance with subsection 84A (2) of the Act and comes into effect on gazettal.