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Suggesting improvements to civil aviation safety rules
The Civil Aviation Act 1988 is generally restricted to the regulation of aviation safety. All proposed changes to legislative requirements must therefore relate to aviation safety.
Suggested improvements to regulations, manuals of standards, advisory material, and regulatory procedures and practices can come from:
- the aviation community,
- the public, or
- CASA staff.
A deficiency may be identified within legislation that makes it difficult or impossible to comply with, or a change to legislation may enhance safety. As a result, a submission to improve aviation safety legislation may be warranted.
A regulatory change may also be instigated as a result of revised or new Standards and Recommended Practices (SARPs) issued by the International Civil Aviation Organization (ICAO). Australia has obligations under the Chicago Convention that are enshrined in the Civil Aviation Act and is bound to either comply with ICAO's standards and recommended practices or to register each difference with ICAO.
CASA is also committed to harmonising its regulatory requirements with the best practices of the major aviation countries. Amendments to Australia's legislation should, wherever possible, harmonise with the standards and practices of other aviation regulatory authorities (e.g. FAA, JAA, NZ CAA).
What should change proposals contain?
All suggestions for regulatory change should clearly identify the subject area or associated regulation/advisory circular/procedure, and include a brief statement of the proposed change or course of action, together with a comprehensive justification for the proposal. Amplifying documents or information that support the proposal should also be attached to the submission.
Each proposal should explain in detail:
- the subject area and/or associated rule/advisory material/procedure,
- the course of action recommended,
- its impact on safety,
- a comprehensive justification,
- improvements to CASA's efficiency, and
- any other achievable benefits.
The CASA regulatory change process
People wishing to submit regulatory change proposals are encouraged to discuss their suggestions with a CASA specialist prior to submitting their proposal.
On receipt of a formal submission, CASA will:
- acknowledge receipt of the proposal,
- review its current standards development activity associated with that proposal to determine whether it is already being examined by an established rulechange project, and
- have the change proposal considered by CASA's Executive.
A regulatory change proposal will be subjected to the following criteria:
- Is it safety outcome-oriented, with explicit safety objectives which enable flexible solutions as required by the Civil Aviation Act?
- Does it enable the transfer of safety responsibilities to industry?
- Is it consistent with international practice?
- Is it to be based upon consultation with industry and other affected groups?
- Does it avoid "over-regulation"?
- Does it take into account complementary legislation?
- Is it simple, understandable, valid and internally consistent?
- Does it provide a basis for measuring compliance and allow for enforcement when necessary?
- Is it subject to periodic review?
If the proposal is accepted, a joint industry/CASA project team may be appointed to deal with the issue.
CASA's Executive may decide the proposal does not warrant a change. In that case a recommendation and reasons will be given to the Standards Development manager and the originator will be notified.
Submitting suggested changes
To submit a suggestion for improvements to the 1998 Civil Aviation Safety Regulations (CASRs), 1988 Civil Aviation Regulations(CARs), Civil Aviation Orders (CAOs), Manuals of Standards (MOSs), advisory material (ACs/CAAPs), or a regulatory procedure: