EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION UNDER SUBREGULATION 308 (1) RELATING TO FUEL DISCREPANCY ALLOWANCE FOR QANTAS B747-300 AIRCRAFT
Under subsection 98 (1) of the Civil Aviation Act 1988 (the Act) the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988.
Under subregulation 308 (3) of CAR 1988, CASA may give the exemption subject to conditions specified in the exemption that are necessary in the interests of safety.
Regulation 5 of CAR 1988 provides that where CASA is empowered under the regulations to issue any directions, it may do so by means of Civil Aviation Orders (CAOs). Under subregulation 244 (2) of CAR 1988, CASA may issue directions about the precautions to be taken by pilots and others before take-off. CASA made such directions and, consistent with regulation 5, issued them in section 20.2 of the CAOs.
Paragraph 6.1 of section 20.2 provides that aircraft with a maximum take-off weight in excess of 5 700 kg must not take-off unless the pilot in command has ensured that the fuel quantity on board has been checked by two separate methods. Paragraph 6.2 provides, in effect, that the discrepancy between the higher and the lower of the fuel amounts so determined must not exceed 3% of the higher amount.
A CASA audit of Qantas Airways Limited (Qantas) in May 2004 found an instrument of exemption from this requirement was in force for Qantas B767 aircraft dating from 21 June 1990 (Concession Number: NSW 90/56). However, exemptions in respect of other Boeing aircraft could not be located. These aircraft had been, or were being, operated as if exemptions were in force.
Following consultation with Qantas, it was agreed that the only exemption required was that for B747-300 aircraft. Qantas no longer operated B767-200 aircraft, and B767-300 and B747-400 aircraft now operated with newer fuel quantity systems incorporating densitometers with high degrees of accuracy that made the need for an exemption redundant.
The instrument therefore exempts B747-300 aircraft operated by Qantas from so much of subregulation 244 (2) of CAR 1988 as relates to compliance with the directions in section 20.2 of the CAOs that the allowable discrepancy must not exceed 3% of the higher fuel quantity.
The exemption is subject to certain conditions in the interests of safety. Where the minimum fuel required for a flight is 25 000 kg or less, the allowable discrepancy must not exceed 6% of the higher fuel quantity determined by two separate methods. Between 25 000 kg and 50 000 kg, the allowable discrepancy is to be calculated, pro rata, from 6% down to 3%. Above 50 000 kg the allowable discrepancy is 3%. Where the allowable fuel discrepancy exceeds 3%, the lower of the two fuel quantities determined must not be less than the amount of fuel required for the flight.
Because of the age of the existing instrument of exemption (21 June 1990), the apparent industry assumption that other aircraft were similarly exempted, and the failure to uncover any other instruments of exemption, out of an abundance of caution the instrument not only revokes the existing instrument but also revokes any previous exemptions that may exist that have not come to light.
This exemption is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of that Act.
Consultation under section 17 of the Legislative Instruments Act 2003 has not been undertaken in this case. The instrument has been specifically requested by Qantas and meets its requirements for the 747-300 aircraft to which it applies.
The exemption takes effect at the start of the day after it is registered on the Federal Register of Legislative Instruments, and it stops having effect at the end of July 2008.
The exemption has been made by the Director of Aviation Safety in accordance with subsection 84A (2) of the Act.
[Exemption Number: CASA EX01/2005]
Overview
The Civil Aviation Act 1988 was enacted by the Australian Parliament to provide for the safety, efficiency and orderly development of civil aviation within Australia. It addresses the need for comprehensive regulation of civil aviation to ensure safety and operational standards are met across the industry. The Civil Aviation Regulations 1988 were made under the authority of the Act and provide detailed requirements for the safe operation of aircraft, including fuel management protocols. The exemption under subregulation 308(1) of the Civil Aviation Regulations 1988, specifically for Qantas B747-300 aircraft, was introduced to address a discrepancy in fuel measurement systems and ensure continued safe operations of these aircraft. The exemption was requested by Qantas and is subject to conditions that prioritise safety, such as varying the allowable fuel discrepancy based on the amount of fuel required for the flight. The instrument has been specifically tailored to Qantas' needs and will cease to have effect by the end of July 2008.
Scope and Application
The Civil Aviation Regulations 1988 under the Civil Aviation Act 1988 govern the safety of air navigation in Australia and permit the exemption of certain aircraft from specific regulatory requirements under certain conditions. This particular exemption, issued under subregulation 308(1) of the Civil Aviation Regulations 1988, applies to Qantas B747-300 aircraft, allowing them to deviate from the specified provisions regarding fuel discrepancy allowances set out in section 20.2 of the Civil Aviation Orders. This exemption is made in the interest of safety and is subject to specific conditions, such as varying allowable fuel discrepancies based on the weight of the fuel required for the flight, ensuring that the lower fuel quantity does not fall below the flight requirement when the allowable discrepancy exceeds 3%. The exemption not only revokes the existing instrument but also any previous exemptions that may exist but have not been uncovered, reflecting a cautious approach given the apparent industry assumption that other aircraft were similarly exempted. The exemption is effective from the day after it is registered on the Federal Register of Legislative Instruments and ceases at the end of July 2008, issued by the Director of Aviation Safety in accordance with the Civil Aviation Act 1988.
Key Provisions
The main operative sections of this legislation (F2005L00632) concern the exemption of Qantas B747-300 aircraft from certain fuel discrepancy requirements under the Civil Aviation Regulations 1988 (CAR 1988). Specifically, this exemption pertains to subregulation 244(2) of CAR 1988, which deals with the precautions pilots must take regarding fuel quantity checks before take-off. According to subregulation 244(2), pilots must ensure the fuel quantity is checked by two separate methods and that the discrepancy between these amounts does not exceed 3% of the higher amount (section 20.2 of Civil Aviation Orders (CAOs)). However, the exemption allows for a higher allowable discrepancy under certain conditions related to the fuel quantity required for the flight (sections 20.2 and 244(2) of CAR 1988).
The Act imposes specific obligations and requirements on Qantas and CASA. Qantas must ensure compliance with the conditions set out in the exemption for its B747-300 aircraft. These conditions vary based on the amount of fuel required for a flight, with the allowable discrepancy being 6% for flights requiring 25,000 kg or less, pro rata from 6% down to 3% between 25,000 kg and 50,000 kg, and 3% for flights requiring more than 50,000 kg (section 20.2 of CAOs). CASA, on the other hand, must issue this exemption and ensure that Qantas adheres to the specified conditions to maintain safety standards.
Any breach of the conditions set out in this exemption could potentially lead to serious safety implications, although specific offences, penalties, or civil/criminal consequences are not detailed in the text. Given the nature of aviation safety regulations, non-compliance could result in severe penalties, including fines and potential grounding of aircraft, as the safety of air navigation is paramount. The exemption is subject to tabling and disallowance in the Parliament, which underscores the importance and scrutiny involved in such regulatory measures.