CASA EX144/12 - Exemption - operations without an approved digital flight data recorder

Link to law: https://www.comlaw.gov.au/Details/F2012L01892

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Instrument number CASA EX144/12
I, peter beilby cromarty, Acting Executive Manager, Operations Division, a delegate of CASA, make this instrument under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998.
[Signed P. B. Cromarty]
Peter Cromarty
Acting Executive Manager
Operations Division
14 September 2012
Exemption — operations without an approved digital flight data recorder
1          Duration
                 This instrument:
(a)   commences on 1 October 2012; and
(b)   stops having effect at the end of 30 September 2015.
2          Application
                 This instrument applies to the aircraft mentioned in Schedule 1 (the aircraft), operated by National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services, Aviation Reference Number 580965 (the operator).
3          Exemptions
                 The aircraft are exempt from compliance with Civil Aviation Order 103.19 (CAO 103.19) and subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) to the extent mentioned in Schedule 2.
4          Conditions
                 The exemptions are subject to the conditions mentioned in Schedule 3.
Schedule 1          Details of aircraft
Manufacturer
Model
Serial no.
Nationality and
registration marks

British Aerospace
BAe 146-100A
E1013
VH-NJC

British Aerospace
BAe 146-100
E1152
VH-NJR

British Aerospace
BAe 146-300
E3126
VH-NJZ

Schedule 2          Extent of exemptions
        1     The exemption from compliance with CAO 103.19 extends only to the requirement that the flight data recorder installed in the aircraft (the FDR) must have a maximum interval of 1 second between recorded readings of altitude, as set out in item 2 of the table in Appendix I of CAO 103.19.
        2     The exemption from compliance with subregulation 207 (2) of CAR 1988 extends only to the direction in paragraph 6.2 of Civil Aviation Order 20.18 that requires the FDR to comply with the requirement of CAO 103.19 mentioned in clause 1.
Schedule 3          Conditions
        1     When the aircraft is at an altitude:
(a)   between 14 000 ft and 14 600 ft; or
(b)   between 29 400 ft and 30 600 ft;
the FDR must record readings of altitude at a maximum recording interval of 2 seconds.
        2     When the aircraft is at an altitude other than an altitude mentioned in clause 1, the FDR must record altitude in accordance with CAO 103.19.
        3     The aircraft must comply with all of the requirements of Specification 10, titled Flight Data Recorder Systems, published by the United Kingdom Civil Aviation Authority, other than the requirements relating to the recording of pressure altitude.
        4     The operator must ensure the complete and ongoing serviceability of the flight data acquisition and recording system, including:
(a)   periodic functional and operational checks, as defined in Civil Aviation Advisory Publication 42L-4; and
(b)   targeted examination of the altitude sensing and recording systems.