EXPLANATORY STATEMENT
Civil Aviation Regulations
Directions under subregulation 235 (7)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Regulation 5A of the Civil Aviation Regulations (the Regulations) provides that a direction that has the effect of repealing, amending, or otherwise affecting the operation of, anything in a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subregulation 235 (7) of the Regulations provides that the Civil Aviation Safety Authority (CASA) may, for the purpose of ensuring the safety of air navigation, give directions with respect to the method of loading of persons and goods (including fuel) on aircraft.
Subsection 4 of section 20.9 of the Civil Aviation Orders (the Orders) sets out CASA’s directions in relation to the loading of fuel on aircraft.
The requirements set out in that subsection in relation to loading of fuel on aircraft with less than 20 passenger seats while passengers are on board are inappropriate for certain aircraft operated by the Queensland Ambulance Service. Those requirements would mean that critically ill patients on board those aircraft would have to be removed from the aircraft before it could be refuelled. CASA thinks that this is not necessary in the interests of the safety of air navigation. Accordingly, CASA has given directions in relation to loading of fuel on certain aircraft operated by the Queensland Ambulance Service while passengers are on board which will apply in place of those set out in subsection 4 of section 20.9 of the Orders.
The directions impose requirements necessary to ensure safety when fuel is loaded with passengers aboard. The requirements relate to information to be given to passengers who are able to understand, the behaviour of the passengers, the location of the aircraft’s operating crew and medical staff while the fuel is loaded, connection to an earth point during loading and preparation for the possibility for an evacuation of the aircraft.
The directions have been given by CASA’s delegate in accordance with regulation 7 of the Regulations.
Overview
The Civil Aviation Regulations Directions under subregulation 235(7) of 2005 were introduced to address a specific safety concern regarding the loading of fuel on aircraft operated by the Queensland Ambulance Service while passengers are on board. These regulations were enacted under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Authority (CASA), acting under subregulation 235(7) of the Civil Aviation Regulations, has issued these directions to ensure that the safety of air navigation is maintained. The policy objective is to provide appropriate safety measures for loading fuel on certain aircraft operated by the Queensland Ambulance Service while passengers, including critically ill patients, remain on board, thereby preventing unnecessary removal of patients during refuelling operations.
Scope and Application
The Civil Aviation Regulations Directions under subregulation 235(7) pertains to specific aviation safety directives related to the loading of fuel on certain aircraft operated by the Queensland Ambulance Service. The primary aim of these directions is to ensure the safety of air navigation while allowing the aircraft to refuel without requiring critically ill patients to be removed, which would be necessitated by the general provisions in the Civil Aviation Orders. These directions apply specifically to aircraft with fewer than 20 passenger seats that are operated by the Queensland Ambulance Service and are intended to address situations where patients are on board during refuelling. The regulatory framework under which these directions are issued includes the Civil Aviation Act 1988 and the Civil Aviation Regulations, with the Civil Aviation Safety Authority (CASA) acting as the regulatory body empowered to issue these safety directives. These directions are intended to replace the general fuel loading requirements outlined in the Civil Aviation Orders, ensuring that safety protocols are met without compromising patient care in emergency situations.
Key Provisions
The Civil Aviation Regulations contain several operative sections that are pertinent to the directions given by the Civil Aviation Safety Authority (CASA). Section 235(7) of the Regulations (1) allows CASA to give directions regarding the loading of persons and goods, including fuel, on aircraft to ensure the safety of air navigation. Regulation 5A (2) stipulates that any direction altering a Civil Aviation Order is subject to disallowance under the Acts Interpretation Act 1901. The Civil Aviation Orders, specifically section 20.9, detail CASA’s directives concerning fuel loading, but these are not suitable for certain aircraft operated by the Queensland Ambulance Service, necessitating specific exceptions.
The obligations imposed by these regulations are multifaceted. CASA must ensure that any direction issued under section 235(7) of the Regulations is made with the primary goal of maintaining air navigation safety. For the Queensland Ambulance Service, this means complying with the new directions that allow fuel to be loaded while critically ill patients are on board, without requiring the patients to disembark. These obligations extend to ensuring that all information regarding the loading process is conveyed effectively to passengers, crew, and medical staff. The directions also require the aircraft to be grounded and connected to an earth point during the loading of fuel, and preparations must be made for potential evacuation if necessary.
Failure to comply with these directions can result in significant consequences. While the Civil Aviation Regulations do not explicitly detail penalties for breaches, non-compliance with CASA’s directions could lead to broader legal ramifications under the Civil Aviation Act 1988. This may include enforcement actions, fines, or other regulatory measures that could affect the operations and certifications of the aircraft involved. CASA’s directions are designed to mitigate risks associated with fuel loading on aircraft carrying passengers, particularly in emergency medical transport scenarios, ensuring that safety protocols are adhered to without compromising the urgent needs of patients.