Explanatory Statement
Civil Aviation Regulations 1988
Permission — radiocommunication systems – Lloyd Helicopters Pty Ltd
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.
Under subregulation 174A (1A) of the Civil Aviation Regulations 1988 (CAR 1988), the pilot in command of an aircraft must not fly the aircraft under the Visual Flight Rules (V.F.R.) if the aircraft is not equipped with suitable flight instruments as directed by CASA and equipment, including radiocommunication systems, specified in instructions issued by CASA.
Under subregulation 177 (1A) of CAR 1988, the pilot in command of an aircraft must not fly the aircraft under the Instrument Flight Rules (I.F.R.) if the aircraft is not equipped with suitable flight instruments as required by CASA and equipment, including radiocommunication systems, specified in instructions issued by CASA.
Under subregulations 174A (3) and 177 (3), CASA may give permission for an aircraft that is not equipped in accordance with subregulations 174A (1A) and 177 (1A) to be flown, subject to any conditions specified in the permission.
Instrument
The instrument permits Eurocopter AS332 helicopters, operated by Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia) (the operator), to be flown under the I.F.R. and the V.F.R. despite those aircraft not being equipped with a high frequency (HF) radiocommunication system.
The permission is subject to the conditions set out in Schedule 1, which include requirements for the aircraft to have a satellite-based tracking system and 2 operable portable satellite phones. This equipment is considered to be an acceptable and safe alternative to a HF radiocommunications system until the operator completes a program of modification of each aircraft to install a HF radiocommunication system.
Legislative Instruments Act
For subsection 98 (5A) of the Act, the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The permission applies to a class of aircraft. The instrument is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).
Consultation
The operator requested the instrument. Further consultation under section 17 of the LIA has not been undertaken in this case.
Human Rights Compatibility
A Statement of Compatibility with Human Rights is at Attachment 1.
Commencement and delegation
The instrument came into effect on the day of registration and stops having effect at the end of 23 February 2013.
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 388/12]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Permission — radiocommunication systems – Lloyd Helicopters Pty Ltd
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
Regulations 174A and 177 of the Civil Aviation Regulations 1988 prohibit a pilot in command from flying an aircraft that is not equipped with suitable flight instruments as required by CASA and equipment, including radiocommunications systems, specified in instructions issued by CASA. CASA may give permission for an aircraft that is not so equipped to be flown, subject to any conditions specified in the permission.
The purposes of the Legislative Instrument is to permit an operator to operate aircraft with a satellite-based tracking system and 2 portable satellite phones instead of a HF radiocommunication system, pending the installation of a HF radiocommunication system in those aircraft.
In accordance with a request by the operator, the Legislative Instrument grants permission to the operator to fly the aircraft without the standard radio equipment, subject to conditions that are in the interests of aviation safety.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority