Law Question
 

Hi guys, just have a quick question about what a CASA "instrument" is in terms of the law. I know there's various instruments posted on the CASA website but I don't quite understand their relevance in the bigger picture of the law and where they fit in relation to CARs/CAOs etc. I've asked a few people in the industry about them but most people either don't know or have a very nebulous explanation about them.

thanks in advance

“Instrument” is just a generic term for a variety of bits of paper that do various things.

It could be a direction under a regulation, it could be an approval under a regulation, it could be a determination under a regulation, it could be an exemption from a regulation, it could be an airworthiness directive, it could be a permitted unserviceability ….

Some are disallowable; some aren't...

Best to read the specific instrument – it will say what it’s for.

But don't worry: They'll all go away under the new, simple 1998 regulations...

If CASA has no existing regulation to allow, or prevent, something from happening, they write an instrument. At the top of each instrument is a mention of by which regulation they can make this new rule. It will say something like "I Prof. Hubert Farnsworth make this Instrument under CAR 5(a)2(d) iv(a) para 13.b(f)........."
So you go look that ref up, and it will say something like "you cannot do this thing, unless otherwise approved by CASA." The Instrument then becomes your permission to do that thing.


Similarly, Instruments have been written to prevent certain things happening which would normally be allowed, but for some particular reason, this thing happening at this place is a bad idea.


When the regulatory reform program concludes (any day now, surely...) there will be no need for any of these Instruments, as the new fangled "CASR" regulations will be clear, concise, and written in plain English. Every possible aviatory scenario will be covered, either allowed, or not allowed. It'll be awesome, just you wait and see.

Or it'll say "5.123 It is an offence under strict liability to do this thing - 50 penalty units."

and then a few pages later

"Notwithstanding 5.123, it is a defence in a court of law if this thing is done if:
a) the moon is in Aquarius;
b) the aircraft used is fitted with fully functioning registration letters; and
c) the pilot is a person, other than a person mentioned in CAO 43.2.1, who is a person.

I'm sorry Arm out the window.

It is not possible that you have quoted the legislation correctly.

The regs would never say something as clearly, and unambiguous, as "the moon is in Aquarius".

This is a provably true/false question and hence would have been amended prior to publication.

Shame on you

...fully functioning registration letters, applied by a person or non-person representing him/her/it-self to be a person, who is approved by CASA as a person (or equivalent being) and is authorised to apply the letters geographically to the aircraft in a manner which CASA approves.

No silly, it's the dawning of aquarius!
Before the moon of Uranus...