Notice of Proposed Rule Making -
Display of nationality and registration marks and aircraft registration identification plates - proposed amendments to Part 45 of the Civil Aviation Safety Regulations (CASR) 1998
On 1 October 2000 CASR Part 45 replaced Division 7 of Part 3 of the Civil Aviation Regulations 1988 (CAR).
In order to minimise some of the cost of transitioning to the requirements of CASR Part 45, a savings provision was made to allow registered aircraft marked in accordance with the CAR, prior to the implementation date of CASR Part 45, to keep those markings. The savings provision is still in force (CASR 202.200).
In order to comply with the International Civil Aviation Organization (ICAO) Annex 7 ‘Aircraft Nationality and Registration Marks’, CASR Part 45 requires the nationality and registration mark of most of the Australian fleet to have a minimum height of 300 mm, whereas the previous regulations required a minimum height of 150 mm.
Some aircraft may display other sizes of markings depending on the age of the airframe, the method of construction, the type of operation or the date of registration. An example of the need to vary requirements is provided by the Pitts aircraft. This type may display three differing sizes of marks - 50 mm high, if it was assembled from a kit acquired by the owner, or 150 mm or 300 mm if it was registered respectively before or after 1 October 2000.
An aircraft whose prototype was flown more than 45 years ago is considered under the regulations to be an historic aircraft and is eligible to display different size markings. Some of these airframes are still in production today resulting in the situation where more modern single engine high wing aircraft of a configuration similar to Cessna 172/182 types are subject to different marking requirements.
Some industry sectors have experienced difficulty in complying with the increased size of the markings and with other marking requirements imposed by the current regulations. Certification limitations on new generation composite aircraft need to be considered as technical restrictions and structural requirements for certain aircraft mean that it is not physically possible to comply with the current marking requirements for lateral surfaces and wings.
To address these issues CASA issued several legislative instruments to provide for exemptions from certain CASR Part 45 regulations. Exemptions include:
- CASR Subpart 202.BD exempting aircraft registered before 1 October 2000 from compliance with the current marking minimum height requirement;
- exemptions issued for the Diamond DA 42 and Cirrus SR aircraft types due to technical restrictions; and
- exemptions for individual aircraft that relate to the size of markings.
A general exemption against compliance with certain requirements of CASR Part 45 was issued to resolve the existing problems and avoid having to issue exemptions for individual aircraft. The aircraft marking requirements included in the general exemption do not have any safety implications, although there is some argument that smaller marks and/or the absence of marks on the underwings of aeroplanes may hinder the identification of aircraft and follow-up enforcement investigations. The general exemption was first issued on 31 January 2008 and was reissued on 27 January 2010 as CASA EX10/10. The exemption aligns with marking requirements already adopted by some other leading ICAO contracting States, such as the United States of America (USA) and with those recommended in the PIR. It applies only in respect of operations in Australia.
In consideration of industry difficulties in complying with the requirements, a project was initiated to undertake a PIR of CASR Part 45 to examine whether the requirements could be revised to be more suitable for industry and for modern aircraft operations.
This review was undertaken by the Civil Aircraft Register Section under the direction of the then Group General Manager, Personnel Licensing, Education and Training Group.
The PIR took into account the practices of the ICAO contracting states, as noted on the differences filed to Annex 7, e.g. the Federal Aviation Administration (FAA) of the USA exempts marking under the wings and the New Zealand Civil Aviation Authority exempts aircraft from displaying their nationality mark while flying within New Zealand. The PIR proposed changes would reduce the number of CASR Part 45 regulations.
Some of the new proposals will require Australia to lodge differences to ICAO Annex 7 SARPs. The proposed updated differences are listed at Annex B to this NPRM.
How to respond
Comment period now closed.
Contact: Jurgen Schob, Project Officer
NPRM 0712MS - Preamble
- Annex A - Post Implementation Review (PIR) - Proposed amendments to CASR Part 45 - display of nationality and registration marks and aircraft registration identification plates
- Annex B - Differences between proposed CASR Part 45 and ICAO Annex 7 (aircraft nationality and registration marks)
Annex C - Proposed Draft Advisory Circular - AC 45-01(3) - Nationality and registration marks
- Comments closed: 26 February 2011