Notice of Proposed Rule Making -
Registration of aircraft and related matters - proposed amendments to Part 47 of the Civil Aviation Safety Regulations (CASR) 1998
Following an initial making and disallowance in 2000, CASR Part 47 was re-made on 10 June 2004 and became effective on 15 November 2004 replacing regulations 7 to 14 of Part 3 of the Civil Aviation Regulations 1988 (CAR). Since the introduction of these regulations the following deficiencies have become apparent:
- Some regulations do not add any value to the registration process. Additionally, some regulations are not safety related, have proven to be impractical, unnecessary, or have not been utilised, including oral applications and registration applications for a limited period. There are instances of definitions which do not provide the clarity required and a number of additional definitions are needed to clarify the terms used in the regulations.
- Changes are required to the notification of transfer ownership to CASA, related timeframes and penalties for late/non notification to allow CASA to quickly determine the new entity responsible for the continuing airworthiness and safety of the aircraft.
- Current regulations only provide for a registration application for a specific registration mark if that mark was reserved for the aircraft. This meant applicants had to submit an application for the reservation of a mark and one for registration (and pay the applicable fees). This requirement does not fulfil any practical or safety related purpose.
- Current regulations do not allow CASA to suspend an aircraft registration if the identification of ownership/responsibility is in question e.g. ownership disputes. There have been various occasions since the implementation of CASR Part 47 where CASA had no power to ground the aircraft until the issues have been resolved. The power of suspending an aircraft registration would ensure an aircraft can not be flown until it is clear to CASA who is responsible for the continuing airworthiness and safety of an aircraft.
- Current regulations require the return of superseded certificates. This process does not increase safety and generally results in an inconvenience for both the certificate holder and CASA.
- Current regulations do not empower CASA to withhold registration marks that CASA deems not to be available e.g. a mark of an aircraft involved in a fatal crash, law enforcement agency covert marks to be used for operations and where marks need to be allocated to entities performing registration functions on CASA’s behalf such as the Gliding Federation of Australia.
- Current regulations do not empower CASA to cancel a number of dealer’s marks it considers unnecessary for the dealer’s operations.
- There is a need to align the regulations to the current registration requirements and practices that have evolved since the introduction of the existing regulations and the completion of the transition of registrations to CASR Part 47.
As a result of the problems and limitations mentioned above, CASA has undertaken this PIR of CASR Part 47 to identify the existing limitations of the regulations and to address how they may be rectified.
The proposed changes are detailed in the proposed amendments (Annex A). The document lists the current regulations in column A, comments relating to the planned changes in column B and details of the proposed regulations in column C.
The associated AC 47-01(4) (Annex B) provides guidance for the new regulations once they have been introduced.
How to respond
Comment period now closed.
Contact: Jurgen Schob, Project Officer