EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
DIRECTIONS UNDER SUBREGULATIONS 207 (2) AND (3)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (the Regulations) provides that an Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment as the Civil Aviation Safety Authority (CASA) approves or directs.
Subregulation 207 (3) provides that an instrument or item of equipment fitted or carried on an aircraft under subregulation 207 (3) must be fitted, carried or used in accordance with CASA’s directions, if any.
Paragraph 9 of section 20.11 sets out requirements for the provision of emergency lighting on passenger carrying aircraft. It requires emergency lighting or the normal cabin lighting to remain on while passengers are on board. At transit aerodromes where ground power is not provided, leaving the lighting on could deplete its source of battery power to the point where it may be unavailable for the rest of the flight. As a result all passengers have to disembark, including handicapped persons. In some cases this can cause those persons considerable inconvenience.
This direction to an aircraft operator enables the cabin and emergency lighting to be switched off while not more than two handicapped passengers remain on board. The direction is subject to several conditions to ensure the safety of the passengers remaining on board. For instance, the direction applies only during daylight hours and a detailed briefing on emergency evacuation procedures must be provided to the passengers and their carers.
Regulation 5A of the Regulations provides that a direction that has the effect of repealing, amending or otherwise affecting the operation of, anything in a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
The directions are a disallowable instrument because they affect the operation of paragraph 9 of section 20.11.
The directions came into effect on gazettal.
The directions have been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
[Instrument Number CASA 127/00]