EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
DIRECTION — Carriage of life rafts
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of 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) 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 (the CAOs).
Directions under subregulation 252 (1) have been issued in CAO 20.11. Paragraph 5.2.1 of that Order 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.
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 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 commences on the day after it is registered on the Federal Register of Legislative Instruments. The instrument stops having effect at the end of 30 September 2007.
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 375/05]
Overview
The Civil Aviation Regulations 1988 (CAR 1988), amended by the Civil Aviation Regulations 1988 Direction - Carriage of Life Rafts (F2005L02405) in 2005, was enacted to address the specific safety concerns regarding the carriage of life rafts on aircraft operating over water. This amendment was made under the authority of Section 98 of the Civil Aviation Act 1988, which allows for the creation of regulations in the interests of air navigation safety. The Civil Aviation (Security) Act 2003 established the Civil Aviation Safety Authority (CASA) as the regulator, and it is CASA that issued this direction under subregulation 252(1) of CAR 1988, thereby empowering itself to mandate the necessary life-saving equipment for aircraft. The policy objective of this legislation is to ensure the safety of passengers and crew by requiring appropriate life-saving equipment, such as life rafts, on aircraft flying over water, while also providing flexibility through exemptions where safety can be assured by alternative means.
Scope and Application
The Civil Aviation Regulations 1988 Direction regarding the carriage of life rafts applies to specific aircraft operated by Skywest Airlines Pty Ltd, particularly Fokker F28 Mark 100 aircraft, within the Commonwealth of Australia. This exemption from the requirement to carry life rafts is issued by the Civil Aviation Safety Authority (CASA) under section 98 of the Civil Aviation Act 1988, aiming to ensure the safety of air navigation. The exemption stipulates that these aircraft must operate within 60 minutes at single engine cruising speed or 345 nautical miles from an adequate aerodrome, ensuring compliance with safety standards while accommodating specific operational needs. This legislative instrument is subject to tabling and disallowance in Parliament, as per the Legislative Instruments Act 2003, although consultation under section 17 of that Act was not undertaken in this instance. The exemption, which is similar to others issued to different operators, is effective from the date of registration and expires on 30 September 2007.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) under Section 98 of the Civil Aviation Act 1988 (the Act) allow the Governor-General to make regulations in the interest of air navigation safety. A significant provision of these regulations is subregulation 308(1), which empowers the Civil Aviation Safety Authority (CASA) to exempt aircraft or associated persons from complying with specific provisions of the CAR 1988. Furthermore, subregulation 252(1) grants CASA the authority to issue directions regarding the necessary life-saving equipment to be carried on Australian aircraft. Regulation 5 specifies that such directions may be issued in the Civil Aviation Orders (CAOs). In particular, CAO 20.11 under paragraph 5.2.1 mandates that aircraft flown over water at a distance exceeding the permitted distance must carry sufficient life rafts to accommodate every person on board. The permitted distance is generally the lesser of 30 minutes at normal cruising speed or 100 miles, which is less than the distance set by the International Civil Aviation Organization.
The obligations imposed by these regulations are primarily safety-focused, ensuring that aircraft flying over water carry adequate life rafts unless exempted. This requirement is intended to enhance the safety of passengers and crew in the event of an emergency over water. In this specific case, the regulation exempts Fokker F28 Mark 100 aircraft operated by Skywest Airlines Pty Ltd from the life raft requirement. However, this exemption comes with a condition: the aircraft must only operate within the lesser of 60 minutes at single engine cruising speed or 345 nautical miles from an adequate aerodrome. This condition ensures that the aircraft remains within a safe distance from emergency services, thereby mitigating the risks associated with the exemption.
Any breach of the provisions outlined in the CAR 1988 may have significant legal consequences. Subregulation 308(4) of CAR 1988 declares that an exemption is a disallowable instrument, which under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA) means it is subject to tabling and disallowance in the Parliament. This regulatory oversight ensures that exemptions are closely monitored and can be revoked if necessary. Failure to comply with the life raft requirements or the imposed conditions for the exemption could result in enforcement actions, penalties, and possible legal repercussions for the operator. The specific penalties for non-compliance would depend on the nature and severity of the breach, but could include fines or other sanctions as determined by CASA.
In summary, the key provisions of the Civil Aviation Regulations 1988, as detailed in the explanatory statement, focus on ensuring the safety of air navigation by mandating life-saving equipment for aircraft flying over water. The exemptions and conditions imposed on specific aircraft aim to balance operational flexibility with safety. Non-compliance with these regulations could lead to disallowance and other legal consequences, reinforcing the importance of adherence to the stipulated safety measures.