{"id":"F2005B02001","name":"CASA 129/95 - Permission under subregulation 177(3)","slug":"casa-129-95-permission-under-subregulation-177-3","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":112304,"registerId":"commonwealth-F2005B02001-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 129/95 - Permission under subregulation 177(3)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: CASA 129/95\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n\n\n\nCIVIL AVIATION\n\nSAFETY AUTHORITY AUSTRALIA\n\n \n\n \n\n \n\nINSTRUMENT NUMBER:  CASA 129/95\n\n \n\n \n\nCIVIL AVIATION ACT 1988\n\n \n\nCIVIL AVIATION REGULATIONS\n\n \n\nPERMISSION UNDER SUBREGULATION 177 (3)\n\n \n\n \n\nI, Kenneth Arthur Pratt, Senior Airworthiness Inspector, Tamworth Airport Field Office, a delegate of CASA, give permission under subregulation 177 (3) of the Civil Aviation Regulations for the aircraft bearing the nationality mark “VH” and the registration mark “ZEP” to be flown, under the I.F.R., without the outside air temperature indicator specified in subparagraph l (f) of Appendix IV to section 20.18 of the Civil Aviation Orders, subject to the condition that the aircraft must not be flown except in private operations.\n\n \n\n \n\n \n\n[Signed K.A. Pratt]\n\n \n\nK.A. Pratt\n\nSenior Airworthiness Inspector\n\nTamworth Airport Field Office\n\n \n\n6th December 1995\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard individual exemption instrument issued under delegated authority. It has not expanded beyond its original purpose of granting a specific permission for a specific aircraft under specific conditions."},"complexity_factors":["Single purpose document: grants one specific permission for one specific aircraft","No defined terms section — uses plain language and standard aviation abbreviations","No cross-references to other legislation beyond naming the enabling regulation (subregulation 177(3))","Single condition attached to the permission (private operations only)","One page, approximately 150 words total"],"plain_english_summary":"This is a **one-off aviation permit** issued by the Civil Aviation Safety Authority (CASA) in 1995.\n\n**What it does:**\n- Allows a specific aircraft (registration VH-ZEP) to fly using **Instrument Flight Rules (I.F.R.)** — that's flying by instruments rather than by sight — even though it **doesn't have an outside air temperature gauge**.\n\n- Normally, the rules say you need this gauge for I.F.R. flights. This document gives a **formal exemption** from that requirement.\n\n**The catch:**\n- The aircraft can **only be used for private flights** — no commercial operations, no paying passengers, no charter work.\n\n**Who it affects:**\n- The owner/operator of aircraft VH-ZEP\n- CASA inspectors who enforce aviation safety rules\n\n**Why it matters:**\nThis shows how aviation safety works in practice. Rather than forcing an aircraft owner to install expensive equipment for a specific type of flying, CASA can grant **targeted exemptions** with restrictions. The trade-off is flexibility for private use, with the safety risk managed by keeping the aircraft out of commercial service."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument narrows the equipment requirement in Appendix IV to section 20.18 (subparagraph l(f)) for one specific aircraft (VH‑ZEP) by permitting that aircraft to fly IFR without the outside air temperature indicator, subject to the condition that it be operated only in private operations. In practical terms, the permission temporarily excludes that aircraft from the stated equipment requirement while leaving the underlying rule unchanged for all other aircraft (instrument text: permission under subregulation 177(3); condition: 'must not be flown except in private operations')."},"complexity_factors":["Single, aircraft‑specific permission (limited scope reduces systemic complexity)","Cross‑reference to another instrument (subparagraph l(f) of Appendix IV to section 20.18) requires checking that instrument to understand the original equipment requirement","Delegated administrative discretion invoked (subregulation 177(3) — procedural and evidential context not set out in the instrument)","Single clear condition on operation (private operations only) reduces conditional complexity but raises interpretive need for the definition of 'private operations' in other material","No procedural or enforcement detail included in the instrument (practical application requires consulting broader regulatory framework)"],"plain_english_summary":"What this instrument does\n\n- Instrument: CASA 129/95 (dated 6 December 1995), signed by K.A. Pratt, Senior Airworthiness Inspector, Tamworth Airport Field Office.\n- Mechanical change: the instrument grants a one-off permission under subregulation 177(3) of the Civil Aviation Regulations to the aircraft with nationality mark “VH” and registration mark “ZEP”.  That permission allows that specific aircraft to be flown under instrument flight rules (I.F.R.) without carrying the outside air temperature indicator required by subparagraph l(f) of Appendix IV to section 20.18 of the Civil Aviation Orders.\n- Condition: the permission is subject to a single condition — the aircraft must not be flown except in private operations.\n\nWho decides and who is affected\n\n- Decision maker: a CASA delegate — specifically the Senior Airworthiness Inspector (K.A. Pratt) — exercised delegated power under subregulation 177(3) to grant the permission (instrument text: “permission under subregulation 177(3)”).\n- Directly affected party: the owner/operator of the aircraft identified as VH‑ZEP, who is permitted to operate that aircraft IFR without the specified instrument but only under the stated condition.\n\nHow behaviour and choices change\n\n- Prior rule (as cross‑referenced): Appendix IV to section 20.18 of the Civil Aviation Orders required an outside air temperature indicator (subparagraph l(f)).\n- Effect of the permission: the operator of VH‑ZEP may choose not to install/fit that indicator for IFR flights, but must limit IFR flights of that aircraft to private operations as the stated condition requires.\n\nCosts, incentives and trade-offs (mechanical effects, source‑grounded)\n\n- Who pays / benefits: the operator of VH‑ZEP avoids the immediate requirement to carry the outside air temperature indicator for IFR flight (the instrument does not state any payment or fee); avoiding installation or maintenance of that instrument is a concrete financial saving for that operator, while the regulatory relief is limited in scope to that aircraft (instrument cites subparagraph l(f) of Appendix IV to section 20.18).\n- Incentive created: the permission creates an incentive for the VH‑ZEP operator to continue private IFR operations without the indicator, rather than installing the indicator and operating outside the private‑operations restriction.\n- Trade‑off / opportunity cost: the operator forgoes the option to lawfully fly non‑private IFR operations with that aircraft under this permission; the alternative is to comply with Appendix IV (fit the indicator) and retain broader operational options.\n\nCompliance burden and enforcement signals\n\n- Condition imposes an operational constraint: the instrument requires the operator to restrict flights of VH‑ZEP to private operations (text: \"subject to the condition that the aircraft must not be flown except in private operations\"). This is the only stated compliance requirement in the instrument.\n- Enforcement mechanism: the instrument itself does not describe monitoring or penalties; it is a recorded delegated permission (signed by the Senior Airworthiness Inspector) that modifies the equipment requirement for this specific aircraft.\n\nDiscretion and administrative features\n\n- Delegated discretion: the permission demonstrates exercise of delegated administrative power under subregulation 177(3); the instrument is explicit that the delegate gave permission (text: \"I, Kenneth Arthur Pratt... a delegate of CASA, give permission under subregulation 177(3)\").\n- Narrow scope and permanence: the instrument applies to a single aircraft (VH‑ZEP) and records the date and signature; it does not purport to amend the underlying Civil Aviation Orders or Regulations for other aircraft.\n\nSource citations\n\n- Granting power cited: subregulation 177(3) of the Civil Aviation Regulations (instrument text).\n- Equipment requirement referenced: subparagraph l(f) of Appendix IV to section 20.18 of the Civil Aviation Orders (instrument text).\n- Instrument identity and date: CASA 129/95, signed 6th December 1995 by K.A. Pratt."}},"importantCases":[],"_links":{"self":"/api/acts/casa-129-95-permission-under-subregulation-177-3","history":"/api/acts/casa-129-95-permission-under-subregulation-177-3/history","analysis":"/api/acts/casa-129-95-permission-under-subregulation-177-3/analysis","conflicts":"/api/acts/casa-129-95-permission-under-subregulation-177-3/conflicts","importantCases":"/api/acts/casa-129-95-permission-under-subregulation-177-3/important-cases","documents":"/api/acts/casa-129-95-permission-under-subregulation-177-3/documents"}}