EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS
DIRECTIONS RELATING TO THE FUELLING OF CERTAIN AIRCRAFT
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under regulation 5 of the Civil Aviation Regulations (the Regulations), if CASA is empowered or required to issue any direction, instruction or notification or to give any permission, approval or authority, CASA may, subject to any contrary intention, issue the direction or notification or give the permission, approval or authority in Civil Aviation Orders (CAOs) or otherwise in writing. Under regulation 5A of the Regulations, if CASA has issued a CAO and CASA issues a later direction, instruction, notification, permission, approval or authority that is not a CAO and that in any way affects the operation of the CAO, the later document is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Direction under subregulation 244 (2) and regulation 43
Under subregulation 244 (2) of the Regulations, CASA may give directions in respect of the duties of the pilot in command and other persons as to tests, checks and other precautions that must be undertaken before an aircraft takes off. CAO 20.2 has been issued under subregulation 244 (2). Under subparagraph 5.1(a) of the CAO, a small amount of fuel must be drained from an aircraft’s fuel tank before the start of operations each day and after each refuelling. In certain climatic conditions (for example, in Northern Japan during winter), extreme cold and ice may render the fuel drains temporarily inoperative and compliance with the requirement is either not possible, or risks damage to the fuel drains.
To overcome this problem, a further direction has been issued which exempts the operator and the pilot in command of certain aircraft from the need to undertake a fuel drain in certain conditions. All other relevant provisions of CAO 20.2 are still to apply to these aircraft.
As this further direction affects the operation of CAO 20.2, it is a disallowable instrument under regulation 5A of the Regulations.
A direction under regulation 43 of the Regulations is also included to the effect that the aircraft’s maintenance release must be endorsed to reflect that a test of an aircraft’s fuel system has not been undertaken and that the test must be undertaken either at the aircraft’s next landing point or, if a fuel drain cannot be carried out at that next landing point due to cold climatic conditions, then a fuel drain must be carried out at the immediately succeeding landing point.
CASA does not consider that the further directions will adversely affect the safety of air navigation.
A copy of the direction, signed by a delegate of CASA, is attached.
The direction comes into effect on gazettal.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for regulating civil aviation in Australia. This Act addresses the need for a robust legislative foundation that governs the operation of aircraft, ensuring the safety and efficiency of the national airspace. The Act empowers the Governor-General to make regulations necessary for the administration of civil aviation, including the establishment of safety standards, licensing requirements, and operational protocols. The Civil Aviation (Operations) Regulations 2013, made under this Act, provide further detail and flexibility in implementing these regulations. The policy objective of the Act is to safeguard the public by ensuring that all aspects of civil aviation are conducted with the highest regard for safety and efficiency. The Act is administered by the Civil Aviation Safety Authority (CASA), which operates under the authority granted by the Act and the Regulations to issue directives, instructions, and notifications to ensure compliance with safety standards.
Scope and Application
The Civil Aviation Regulations Direction, relating to the fuelling of certain aircraft, applies to the operators and pilots in command of specific aircraft types under the Civil Aviation Act 1988. It extends to those operating within the jurisdictional reach of the Commonwealth of Australia and is enforced by the Civil Aviation Safety Authority (CASA). This regulation is particularly pertinent to aircraft that encounter operational challenges in extreme cold climates, such as those experienced in Northern Japan during winter. The direction allows for an exemption from the mandatory fuel drain procedure under CAO 20.2 if the cold conditions make the procedure impracticable or hazardous. However, all other provisions of CAO 20.2 remain applicable. The exemption does not compromise the safety standards set by CASA, ensuring that the aircraft's maintenance release reflects the exemption and requires a fuel system test to be conducted at the next suitable landing point. This direction, which affects the operation of existing CAO 20.2, is classified as a disallowable instrument under regulation 5A of the Civil Aviation Regulations, thus requiring parliamentary disallowance if not in alignment with legislative intent.
Key Provisions
The primary sections of the Civil Aviation Regulations that are relevant here include subregulation 244(2) and regulation 43, which allow the Civil Aviation Safety Authority (CASA) to issue directions concerning the duties of the pilot in command and other personnel regarding tests, checks, and precautions necessary before an aircraft takes off. Specifically, subregulation 244(2) permits CASA to mandate fuel drain procedures from an aircraft’s fuel tank before the commencement of operations each day and following refuelling, as outlined in CAO 20.2. However, a new direction has been introduced to exempt certain aircraft from this requirement in specific climatic conditions where extreme cold and ice may render the fuel drains inoperative, thereby posing a risk of damage to the fuel drains. This exemption is intended to ensure operational continuity without compromising safety.
Under these regulations, CASA imposes several obligations on the parties involved. Operators and pilots in command of the specified aircraft must adhere to the new direction exempting them from conducting a fuel drain under extreme cold conditions. They must also ensure that the aircraft’s maintenance release is endorsed to reflect that a test of the aircraft’s fuel system has not been conducted. Furthermore, these operators and pilots must ensure that such a test is performed either at the next landing point or at the succeeding landing point if the initial one is unsuitable due to climatic conditions.
The legislation also outlines the consequences for non-compliance with these regulations. While the specific penalties for breaching these regulations are not detailed in the explanatory statement, it is generally understood that breaches of civil aviation regulations can lead to both civil and criminal penalties. Civil penalties may include fines and other administrative sanctions, while criminal penalties could potentially involve imprisonment, depending on the severity of the breach and its impact on safety. The authority to disallow instruments that affect the operation of CAO 20.2 underscores the importance of adhering to the regulatory framework to maintain aviation safety.