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]
Overview
The Civil Aviation Regulations 1988 were enacted to regulate the operation and safety of aircraft in Australia, ensuring compliance with international standards. The Civil Aviation Orders Directions under Subregulations 207(2) and (3) were introduced in 2000 to address a specific problem regarding the operational requirements for emergency lighting on passenger-carrying aircraft. This problem arose when the continuous operation of emergency and cabin lighting at transit aerodromes without ground power led to battery depletion, causing inconvenience, particularly for handicapped passengers who had to disembark. The directions allow for the deactivation of these lights under certain conditions to mitigate this issue while ensuring passenger safety. These directions were issued by a delegate of the Civil Aviation Safety Authority (CASA) and took effect upon gazettement. They are subject to disallowance by the Parliament, reflecting their significant impact on aviation safety protocols.
Scope and Application
The Civil Aviation Regulations 1988, specifically under subregulations 207(2) and 207(3), mandate that Australian aircraft must be equipped with instruments and carry equipment approved or directed by the Civil Aviation Safety Authority (CASA) for their operations. These regulations apply to all aircraft operators who use Australian aircraft in any class of operations, ensuring that they comply with CASA's directives regarding the fitting, carrying, and usage of instruments and equipment. The geographic reach of these regulations extends nationally, impacting all aircraft operators within Australia. However, certain exceptions are provided under specific conditions to balance safety and operational requirements, such as the direction enabling the cabin and emergency lighting to be switched off while not more than two handicapped passengers remain on board during daylight hours, provided certain safety conditions are met. These exceptions, which alter the operation of existing regulations, are subject to disallowance under the Acts Interpretation Act 1901. The directions, issued by a CASA delegate, are effective immediately upon gazettal.
Key Provisions
The Civil Aviation Regulations 1988, under subregulation 207(2) and (3), mandate that Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) before they can be used in any class of operations. This requirement ensures that all aircraft are fitted with the necessary instruments and equipment to operate safely, in accordance with CASA’s approval or direction. For example, subregulation 207(2) stipulates that aircraft must have CASA-approved instruments and equipment, while subregulation 207(3) requires that these instruments and equipment must be used as directed by CASA.
The obligations imposed by the Civil Aviation Regulations 1988 include ensuring that all instruments and equipment on board an aircraft meet CASA's standards and directives. This extends to requiring that any modifications or fittings on an aircraft must adhere to CASA’s instructions to maintain safety and regulatory compliance. Furthermore, the specific provision under paragraph 9 of section 20.11 necessitates that emergency lighting must remain on while passengers are on board, unless otherwise directed by CASA. In this context, the recent direction issued by CASA allows cabin and emergency lighting to be switched off when not more than two handicapped passengers remain on board, provided that the operation occurs during daylight hours and detailed emergency evacuation procedures are communicated to the passengers and their carers.
Failure to comply with the Civil Aviation Regulations 1988 can lead to various consequences. For instance, operating an aircraft without the required instruments and equipment as approved or directed by CASA can result in penalties under the Civil Aviation Act 1988. The severity of these penalties can vary depending on the nature and extent of the breach. Additionally, any direction that has the effect of repealing, amending, or otherwise affecting the operation of a Civil Aviation Order is considered a disallowable instrument under Regulation 5A of the Regulations. This means that such directions can be disallowed by Parliament, underscoring the importance of adhering to CASA’s guidelines to avoid potential legislative repercussions.
In summary, the Civil Aviation Regulations 1988, specifically subregulations 207(2) and (3), establish critical requirements for the equipment and instruments on Australian aircraft, ensuring they are safe and compliant with CASA’s standards. These regulations impose obligations on aircraft operators to ensure compliance, which can lead to severe penalties for non-compliance. The recent direction issued by CASA regarding emergency lighting provides a specific example of how these regulations can be applied in practice, balancing safety with practical considerations, particularly for handicapped passengers.