EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS
REQUIREMENT FOR A PROVING TEST UNDER
SUBREGULATION 222 (1)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Under regulation 5 of the Civil Aviation Regulations (the Regulations), if CASA is empowered or required to issue any direction, instruction or notification or to give any permission, approval or authority, CASA may, subject to any contrary intention, issue the direction or notification or give the permission, approval or authority in Civil Aviation Orders (CAOs) or otherwise in writing. Under regulation 5A of the Regulations, if CASA has issued a CAO and CASA issues a later direction, instruction, notification, permission, approval or authority that is not a CAO and that in any way affects the operation of the CAO, the later document is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subregulation 222 (1) of the Regulations provides that a new type of aircraft must not be used to carry passengers in a public transport service unless it has passed proving tests in accordance with CASA’s requirements.
Paragraph 15.1 of section 20.11 of the Civil Aviation Orders (the Orders) sets out CASA’s proving test requirements in relation to emergency evacuation demonstrations. Under subparagraph 15.1.3 of section 20.11, an emergency evacuation demonstration is not required if such a demonstration was carried out in accordance with the requirements of the United States Federal Aviation Regulations and, among other things, a CASA-appointed observer was present at the demonstration and was satisfied with the outcome. Two BAe 146-200 aircraft are about to be registered in Australia by Southern Australia Airlines Pty Ltd. CASA is not aware if such an observer was present when the relevant demonstration for the BAe 146-200 aircraft was carried out in June 1983.
The configuration of the BAe 146-200 aircraft on which the certification evacuation demonstration was carried out had a different internal configuration to the aircraft which Southern Australia Airlines Pty Ltd proposes to operate. The changes to the configuration of the Southern Australia BAe 146 aircraft are such, however, that they are considered to assist in the swift evacuation of persons from the aircraft in case of an emergency. Moreover, the internal configuration of the aircraft to be flown by Southern Australia Airlines Pty Ltd is the same as that in other BAe 146 aircraft already in use in Australia.
CASA is conscious of the high risk of injury to participants in emergency evacuation demonstrations. In these circumstances, CASA considers that safety will not be compromised if only the proving test now ordered is undertaken rather than requiring the aircraft to undergo the full emergency evacuation demonstrations. Accordingly, CASA has set out proving test requirements in relation to these new aircraft in place of the requirements specified in paragraph 15.1 of section 20.11 of the Orders.
The test must be conducted in accordance with the requirements set out in Appendix I of section 20.11 of the Orders, other than those requirements that relate to the evacuation of passengers.
The direction has been issued by the District Flight Operations Manager, Melbourne, as a delegate of CASA.
The direction took effect on gazettal.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes a legal framework for the regulation of civil aviation in Australia. It empowers the Civil Aviation Safety Authority (CASA) to issue regulations and orders aimed at ensuring the safety of air navigation. One of the Act’s key objectives is to mandate stringent safety standards for aircraft used in public transport services, including the requirement for new types of aircraft to undergo proving tests before they can carry passengers. The Act was introduced to address the need for a comprehensive and coherent legislative framework that would ensure the safety and efficiency of civil aviation in Australia, and to delegate the enforcement and regulatory responsibilities to CASA. The Civil Aviation Regulations, made under the authority of this Act, further detail the operational requirements for aircraft, including specific proving tests that must be conducted, such as those for emergency evacuation demonstrations.
Scope and Application
The Civil Aviation Act 1988 applies to all entities and individuals involved in civil aviation operations within Australia, ensuring the safety of air navigation. This includes aircraft operators, pilots, maintenance personnel, and air traffic control providers. The Act’s regulatory framework is supported by the Civil Aviation Regulations, which establish the legal requirements for aircraft operations, including proving tests for new aircraft types before they can be used in public transport services. Subregulation 222(1) mandates that a new aircraft must pass proving tests before it can carry passengers in a commercial service, ensuring compliance with safety standards. This requirement is further detailed in the Civil Aviation Orders, where specific conditions for proving tests are outlined. The application of these regulations is overseen by the Civil Aviation Safety Authority (CASA), which has the authority to issue directions and notifications to enforce compliance. Notably, CASA may exempt certain aircraft from full emergency evacuation demonstrations if specific conditions are met, such as when a CASA-appointed observer confirms compliance with international standards during previous demonstrations. This approach balances safety with practical considerations, such as the risk of injury during evacuation tests.
Key Provisions
The Civil Aviation Regulations 1998, under subregulation 222(1), specify that a new type of aircraft must not be used to carry passengers in a public transport service unless it has passed proving tests as per CASA’s requirements. This ensures that new aircraft meet certain safety standards before they can be used for commercial passenger transport. Paragraph 15.1 of section 20.11 of the Civil Aviation Orders (Orders) outlines CASA's proving test requirements, particularly in relation to emergency evacuation demonstrations. However, under subparagraph 15.1.3, an emergency evacuation demonstration is not required if it was carried out in accordance with the United States Federal Aviation Regulations, and a CASA-appointed observer was present and satisfied with the outcome.
The obligations imposed by the Regulations and Orders require aircraft manufacturers and operators to ensure that any new aircraft intended for public transport services undergo the necessary proving tests. In this specific case, Southern Australia Airlines Pty Ltd must ensure that the BAe 146-200 aircraft they intend to register and operate in Australia comply with CASA's requirements. CASA has determined that a proving test is sufficient for these aircraft, given the changes in their configuration and the high risk of injury during full emergency evacuation demonstrations. The test must adhere to the requirements in Appendix I of section 20.11 of the Orders, excluding those related to passenger evacuation.
Failure to comply with the proving test requirements may result in serious consequences. If an aircraft does not meet the safety standards set by CASA, it may not be permitted to carry passengers in a public transport service, potentially leading to legal and financial repercussions for the airline. Additionally, if CASA discovers that an aircraft has been operated in violation of these regulations, it may take enforcement actions, including grounding the aircraft or imposing fines. The maximum penalties for non-compliance with civil aviation regulations can vary, but they may include substantial fines and, in severe cases, criminal charges.