Explanatory Statement
Civil Aviation Regulations 1988
Direction — carriage of life rafts
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, that aircraft from compliance with specified provisions of CAR 1988.
Subregulation 252 (1) of CAR 1988 provides that CASA may give directions about the necessary life-saving equipment to be carried on Australian aircraft. Regulation 5 provides that where CASA is empowered to issue directions, it may do so in the Civil Aviation Orders.
Directions under subregulation 252 (1) of CAR 1988 have been issued in Civil Aviation Order 20.11 (CAO 20.11). Paragraph 5.2.1 of CAO 20.11 provides that an aircraft that is flown over water at a distance from land greater than the permitted distance must carry sufficient life rafts to provide a place in a life raft for each person on board the aircraft.
Except in the case of certain more powerful aircraft and aircraft engaged in extended range operations, the permitted distance from land is the lesser of 30 minutes at normal cruising speed or 100 miles (paragraph 5.2.1.1 of CAO 20.11). That distance is less than the maximum distance set by the International Civil Aviation Organization (ICAO Annex 6, Part I, paragraph 6.5.3.1).
The instrument exempts Fokker F28 Mark 100 aircraft, operated by Skywest Airlines Pty Ltd, from the requirement to carry life rafts. In the interests of safety, a condition has been imposed on the operator — the aircraft must only operate within the lesser of 60 minutes at single engine cruising speed or 345 nautical miles from an adequate aerodrome.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument renews an exemption previously issued to the operator for specific activities during a specific period. It is also similar to other instruments issued to other operators.
The instrument replaces another instrument (CASA 375/05) which expires at the end of September 2007. The instrument commences on 1 October 2007 and stops having effect at the end of 30 September 2009.
The direction has been made by the Manager, Air Transport Field Office, Melbourne, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA 369/07]