CASA EX33/08 – Exemption – requirements for emergency locator transmitters and portable distress beacons (Cth)

Instrument number CASA EX33/08

I, MICHAEL DAVID QUINN, Deputy Chief Executive Officer, Operations, a delegate of CASA, make this instrument under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed M.D. Quinn]

Mick Quinn
Deputy Chief Executive Officer, Operations

20 May 2008

Exemption — requirements for emergency locator transmitters and portable distress beacons

1          Duration

            This instrument

(a)   commences on the day after it is registered; and

(b)   stops having effect:

(i) for section 2, subsection 4 (1) and Schedule 2 — immediately before the commencement of regulations amending regulation 252A of CAR 1988; and

            (ii)  for section 3, subsection 4 (2) and Schedules 1 and 3 — immediately before the commencement of a Civil Aviation Orderamendment amending subsection 6 of Civil Aviation Order 20.11 (CAO 20.11).

2          Exemption — CAR 252A

The pilot in command of an aircraft to which regulation 252A of CAR 1988 applies is exempt from compliance with regulation 252A.

3          Exemption — subsection 6 of CAO 20.11

The pilot in command, and the operator, of an aircraft to which subsection 6 of CAO 20.11 applies are each exempt from compliance with subregulations 207 (2) and 252 (1) of CAR 1988, to the extent mentioned in Schedule 1.

Note Subregulations 207 (2) and 252 (1) of CAR 1988 are heads of power for the making of subsection 6 in CAO 20.11.

4          Conditions

   (1)     The exemption in section 2 is subject to the conditions mentioned in Schedule 2.

   (2)     The exemption in section 3 is subject to the conditions mentioned in Schedule 3.

Schedule 1   Extent of exemption — subsection 6 of CAO 20.11

            The requirements in subsection 6 of CAO 20.11.

Schedule 2   Conditions for exemption — CAR 252A

      1     The aircraft must:

(a)   be fitted with a working, non-portable emergency locator transmitter (an ELT) that:

             (i)  is switched to “armed” if it is designed to automatically activate on impact; or

            (ii)  facilitates ready activation by the operating crew in an emergency; or

(b)   carry a working, portable distress beacon in a place that is readily accessible to the operating crew in an emergency.

      2     An ELT, or a portable distress beacon, must operate on frequencies 406 MHz and 121.5 MHz simultaneously.

      3     An ELT must be of a type that:

(a)   is authorised by the FAA in accordance with FAA TSO-C91a (for the 121.5 MHz transmission component) and FAA TSO-C126 (for the 406 MHz transmission component); or

(b)   CASA considers is safe, can be maintained in Australia and is equivalent to a type that meets the requirements of FAA TSO-C91a (for the 121.5 MHz transmission component) and FAA TSO-C126 (for the 406 MHz transmission component).

      4     A portable distress beacon (whether or not designed to automatically activate on impact) must be:

(a)   an emergency position indicating radio beacon (an EPIRB) of a type that meets the requirements of AS/NZS 4280.1:2003, or a later standard; or

(b)   a personal locator beacon (PLB) of a type that meets the requirements of:

             (i)  AS/NZS 4280.2:2003, or a later standard; or

            (ii)  FAA TSO-C91a (for the 121.5 MHz transmission component) and FAA TSO-C126 (for the 406 MHz transmission component); or

(c)   a portable distress beacon of a type that CASA considers is safe, can be maintained in Australia and is equivalent to a type that meets the requirements of:

             (i)  FAA TSO-C91a (for the 121.5 MHz transmission component) and FAA TSO-C126 (for the 406 MHz transmission component); or

            (ii)  AS/NZS 4280.1:2003, or a later standard; or

            (iii)  AS/NZS 4280.2:2003, or a later standard.

      5     The pilot in command of an aircraft must not begin a flight if an ELT or portable distress beacon on board the aircraft for this instrument has not successfully undergone the periodic inspection and testing recommended by the manufacturer of the ELT or portable distress beacon.

Note   Operators must make sure that the aircraft’s system of maintenance or maintenance schedule addresses this requirement.

      6     If a lithium-sulphur dioxide battery is used for an ELT, or a portable distress beacon, it must meet the requirements of FAA TSO-C142 or FAA TSO-C142a.

      7     The ELT or portable distress beacon used in an aircraft must be registered with the Australian Maritime Safety Authority (AMSA) before it is used.

Schedule 3   Conditions for exemption — subsection 6 of CAO 20.11

      1     An aircraft to which paragraph 6.1 of CAO 20.11 would apply but for the exemption in section 3 of this instrument (the CAO exemption), must be fitted with, or carry:

(a)   when 1 life raft is carried — 1 working ELT or 1 working portable distress beacon; and

(b)   when more than 1 life raft is carried — at least:

             (i)  1 ELT and either another ELT or a portable distress beacon; or

            (ii)  2 portable distress beacons; and

(c)   a supply of pyrotechnic distress signals.

Note   If carrying a portable distress beacon, CASA recommends an EPIRB.

      2     For clause 1, a portable distress beacon must be carried:

(a)   for an EPIRB or PLB — in, or adjacent to, a life raft; or

(b)   for an EPIRB or PLB —adjacent to an emergency exit used for evacuation of the aircraft in an emergency; or

(c)   for a PLB — on the person of a member of the operating crew.

      3     An aircraft to which paragraph 6.2 of CAO 20.11 would apply but for the CAO exemption, must be fitted with, or carry, 1 ELT or 1 portable distress beacon.

Note   If carrying a portable distress beacon, CASA recommends an EPIRB.

      4     Each of the conditions mentioned in Schedule 2 for the exemption under section 2 also apply for the CAO exemption.

      5     For clause 4, the mention, in clause 5 of Schedule 2, that “the pilot in command of an aircraft must not begin a flight” is taken to also mean that “the operator must ensure that the pilot in command of an aircraft must not begin a flight”.

Note   The operator and the pilot both have obligations under subsection 6 of CAO 20.11 and the conditions under Schedule 3, therefore, apply to both.

      6     In this Schedule, EPIRB, ELT, PLB and portable distress beacon have the same meaning as in Schedule 2.