CASA 478/98 - Directions under subregulation 235(7) – portable fire extinguishers for refuelling of aircraft

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative framework for regulating civil aviation in Australia. This Act was introduced to address the need for comprehensive regulation of civil aviation to ensure safety, efficiency, and orderly growth in the aviation industry. The Civil Aviation Regulations 1988 and Civil Aviation Orders supplement the Act, providing detailed rules and standards. This legislative instrument, CASA 478/98, issued by the Civil Aviation Safety Authority (CASA) under the authority of the Act, specifically addresses the requirements for portable fire extinguishers used in aircraft refuelling operations. The policy objective is to ensure that the fire extinguishers used are of an approved type and have appropriate ratings to effectively deal with fires during the refuelling of aircraft, thereby enhancing aviation safety.

Scope and Application

The Civil Aviation Orders, under the authority of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, provide a framework for ensuring the safety and efficiency of civil aviation within Australia. These regulations apply to a wide array of entities and individuals involved in civil aviation operations, including aircraft operators, pilots, maintenance personnel, and airport operators. The regulations govern various aspects of aviation safety, including airworthiness standards, flight operations, and emergency procedures. The geographic reach of these regulations extends across the entire Commonwealth of Australia, ensuring a uniform standard of aviation safety and compliance across state and territory boundaries. Specific exclusions and exemptions may apply, but the primary focus remains on maintaining high safety standards in all aviation activities. The application of these regulations can be further extended or restricted through subordinate instruments, such as directions and orders issued by the Civil Aviation Safety Authority (CASA), which in this case, includes specific guidelines for the types and capacities of portable fire extinguishers approved for use during aircraft refuelling operations.

Key Provisions

The legislative instrument issued under subregulation 235(7) of the Civil Aviation Regulations by David Alan Villiers, Acting General Manager, Airworthiness Branch of CASA, specifies the types and capacities of portable fire extinguishers that are approved for use during aircraft refuelling. According to the document, the approved types of fire extinguishers are those that meet certain Australian Standard (AS) 1940-1993 ratings. Specifically, for powder extinguishers, the rating must be 2A/60B or higher, combined with a rating for dealing with electrical fires (Section 1(a)). For foam extinguishers, the rating must be 2A/20B or higher (Section 1(b)). The capacity of these approved fire extinguishers must be sufficient to cover the maximum floor area as specified by the AS 1940-1993 standard (Section 2). The obligations imposed by this legislative instrument are primarily on those involved in the refuelling of aircraft. They must ensure that only portable fire extinguishers of the specified approved types and capacities are used during this process. This requirement is intended to maintain safety standards and ensure that adequate fire suppression capabilities are available in the event of a fire. The responsibility falls on operators and personnel to comply with these standards by using the correct equipment as stipulated. There are no explicit offences, penalties, or civil or criminal consequences outlined in this particular legislative instrument. However, failure to comply with the regulations could potentially lead to safety issues and might result in other regulatory actions or penalties under broader civil aviation legislation. The exact consequences of non-compliance would depend on the specific circumstances and any relevant provisions within the overarching Civil Aviation Acts and Regulations.