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]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation in Australia, have been amended through the instrument F2007L03881 to address a specific operational need. This instrument, issued under Section 98 of the Civil Aviation Act 1988, allows the Civil Aviation Safety Authority (CASA) to exempt certain Fokker F28 Mark 100 aircraft operated by Skywest Airlines Pty Ltd from the requirement to carry life rafts, provided these aircraft only operate within a specified distance from land. This exemption aims to balance operational flexibility with stringent safety requirements, ensuring that the aircraft remain within a safe distance where emergency evacuation is feasible. The instrument, which is subject to disallowance in Parliament, replaces a previous exemption and is set to remain in effect until the end of September 2009.
Scope and Application
The Civil Aviation Regulations 1988, as amended, govern the safety of air navigation in Australia, with specific focus on the carriage of life-saving equipment, such as life rafts, on aircraft. These regulations apply to all aircraft and persons associated with their operation within Australia and its territories. The regulations mandate that aircraft flying over water beyond a certain distance from land must carry sufficient life rafts to accommodate all passengers and crew, with specific exceptions for certain aircraft types and operations. The Australian Civil Aviation Safety Authority (CASA) has the authority to issue exemptions or directions concerning these requirements, as outlined in the Civil Aviation Orders (CAO). For instance, the instrument in question exempts Fokker F28 Mark 100 aircraft operated by Skywest Airlines Pty Ltd from the life raft requirement, subject to conditions that ensure safety, such as limiting the aircraft's operation to within 60 minutes at single engine cruising speed or 345 nautical miles from an adequate aerodrome. This exemption, as a disallowable instrument, is subject to parliamentary oversight under the Legislative Instruments Act 2003. The exemption instrument replaces an earlier one and is effective from October 1, 2007, to September 30, 2009.
Key Provisions
The primary sections of the Civil Aviation Regulations 1988 (CAR 1988) that are pertinent to the carriage of life rafts are subregulation 252(1) and regulation 5. Subregulation 252(1) allows the Civil Aviation Safety Authority (CASA) to provide directions regarding the necessary life-saving equipment to be carried on Australian aircraft. Regulation 5, in turn, empowers CASA to issue such directions in the Civil Aviation Orders (CAO). Specifically, paragraph 5.2.1 of CAO 20.11 mandates that an aircraft flown over water at a distance greater than the permitted distance from land must carry sufficient life rafts to accommodate every person on board. The permitted distance is defined as the lesser of 30 minutes at normal cruising speed or 100 miles, which is a stricter criterion than that set by the International Civil Aviation Organization (ICAO).
These regulations impose several obligations on the parties involved. Primarily, the operator of Fokker F28 Mark 100 aircraft, in this case, Skywest Airlines Pty Ltd, must ensure that the aircraft complies with the direction unless exempted. The exemption issued allows the aircraft to operate without carrying life rafts, but it mandates that the aircraft must only fly within 60 minutes at single engine cruising speed or 345 nautical miles from an adequate aerodrome. This restriction is imposed to maintain safety standards despite the exemption from carrying life rafts. The operator must also ensure that all flights adhere to these conditions to remain compliant with the regulations.
Failure to comply with the requirements set forth by the Civil Aviation Regulations 1988 can lead to significant consequences. Under the Legislative Instruments Act 2003 (LIA), the exemption granted to Skywest Airlines Pty Ltd is considered a disallowable instrument, meaning it is subject to disallowance in Parliament. This process is outlined in sections 38 and 42 of the LIA, which allow for the tabling and potential disallowance of the exemption by Parliament. While consultation under section 17 of the LIA was not undertaken in this instance, the exemption is based on similar instruments issued to other operators, providing a precedent for its validity and safety considerations. The exemption replaces an earlier instrument (CASA 375/05) and is effective from 1 October 2007 until 30 September 2009. Non-compliance with the terms of this exemption or the underlying regulations could result in enforcement actions by CASA, potentially including fines, operational restrictions, or other regulatory penalties as deemed appropriate under the Civil Aviation Act 1988.