This annex is intended to guide discussions between the Capability Manager representative, the Defence acquisition organisation and DASA, to help the Capability Manager make an informed decision whether a new aircraft should be Defence or civil registered.
Capability Requirement
To the extent of current knowledge, the Capability Manager representative should provide insight into the following:
Will the candidate aircraft be a continuous ‘state’ aircraft, and if so, what is the duration of the capability requirement?
What are the candidate aircraft type(s)?
What is the likely scope of operations for the aircraft?
Of these operations, which are not normally associated with civil aircraft? Examples may include weapons carriage and deployment, low flying, aerial delivery, clandestine flying, formation flying, transporting hazardous materials and dangerous goods, etc
Is the operating environment for the aircraft likely to exceed civil norms? Examples include hostile electromagnetic environments, harsh physical environments, etc
Discussion
With the context provided by the above information, discuss the following:
If the procured aircraft are to be continuously ‘State’ aircraft, what extenuating circumstances would support continued operation on the civil register?
Would any of the proposed military roles be precluded under civil regulations? If they are not precluded, might any be heavily restricted?
How much flexibility does the MAO require in the employment of risk management to meet regulatory requirements?
Will Commanders need the ability to deviate from regulatory requirements in the event of compelling operational imperatives or emergencies? Examples may include flying aircraft with design or maintenance deficiencies that present elevated levels of risk, flying ‘due regard’, etc.
What are the implications of Defence being bound to civil aviation safety regulations for design, maintenance and operation?
What are the diplomatic and security implications of Defence operating a non-Defence registered aircraft overseas?
The preceding discussion will assist the Capability Managers representative to identifying the potential drawbacks of civil registration. Where implications may be unclear, expert advice from CASA should be sought.