CASA EX02/11 – Exemption – operating aircraft engines in Ordinance Loading Areas at Darwin

Overview

The Civil Aviation Regulations 1988, amended through the instrument F2011L00150, addresses the specific operational needs of Careflight (NSW) Limited, trading as Careflight, in the context of operating aircraft engines in Ordinance Loading Areas (OLAs) at Darwin aerodrome. Enacted under the authority of the Civil Aviation Act 1988, this legislation aims to provide a regulatory exemption that allows Careflight’s flight crew to start and operate aircraft engines in OLAs at Darwin, where the use of these areas is deemed safe despite the proximity to buildings. This exemption is designed to facilitate the unique operational requirements of Careflight's medical transport services, specifically for Beech King 200 aircraft used for loading and unloading patients. The exemption is subject to strict conditions, including adherence to established procedures and the serviceability of equipment in OLAs. The instrument is subject to disallowance under the Legislative Instruments Act 2003, reflecting the legislative oversight and accountability inherent in such regulatory adjustments.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) are administered by the Civil Aviation Safety Authority (CASA) and pertain to the safety of air navigation. Specifically, this regulation concerns an exemption from certain operational requirements for aircraft engines in Ordinance Loading Areas (OLAs) at Darwin aerodrome. This exemption applies to flight crew employed by Careflight (NSW) Limited, trading as Careflight, when they are starting and operating engines of Beech King 200 aircraft engaged in the loading and unloading of patients. The exemption allows these operations to proceed within the OLAs despite the usual restrictions regarding the minimum distance from buildings, provided that the established procedures are followed and the safety equipment is serviceable. This exemption is a disallowable instrument under the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in the Parliament. The exemption is effective from the day after registration until 31 January 2013. Notably, consultation under the Legislative Instruments Act has not been undertaken for this exemption, as it was issued in response to a specific request from Careflight.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) in this context are sections 235 and 5 of Civil Aviation Order 20.9 (CAO 20.9). Section 235(11) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt an aircraft from certain regulatory requirements, while subparagraphs 5.1.4(a) and (e) of CAO 20.9 set out the safety distances for starting and operating aircraft engines. This exemption specifically targets the conditions under which flight crew for Careflight (NSW) Limited can start and operate aircraft engines in Ordinance Loading Areas (OLAs) at Darwin aerodrome, which are considered safe despite the deviation from the standard safety distances. The obligations imposed by this legislation on Careflight and its flight crew include adherence to established procedures for starting and operating aircraft engines within the OLAs at Darwin. Additionally, all safety equipment installed in the OLAs to ensure the safe fuelling operations must be serviceable and in good working order. The exemption is strictly for Beech King 200 aircraft engaged in loading and unloading patients, and any deviation from the prescribed conditions would not be covered by this exemption. There are no direct offences or penalties outlined in this specific exemption; however, any breach of the exemption conditions could lead to enforcement actions by CASA. This could include revocation of the exemption or further regulatory action. The exemption itself is a disallowable instrument under the Legislative Instruments Act 2003, meaning it is subject to parliamentary review and potential disallowance. This adds a layer of oversight to ensure that the exemption remains aligned with safety objectives and regulatory standards. The exemption, declared under regulation 5A of CAR 1988, affects the operation of CAO 20.9, and as such, it is subject to the disallowance provisions of the Legislative Instruments Act 2003. This means that the exemption can be reviewed and potentially disallowed by Parliament, ensuring that it meets legislative and safety standards. The exemption was issued at the request of Careflight, with no consultation as per section 17 of the LIA, reflecting a streamlined process in this particular case due to the specific conditions and safety assurances provided.