EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION UNDER SUBREGULATION 308 (1) RELATING TO
EMERGENCY PROCEDURES PROFICIENCY TEST FOR QANTAS
B737 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 subregulation 252 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue directions about the provision of emergency systems and equipment in Australian aircraft. Under subregulation 253 (5) of CAR 1988, CASA may specify instructions for the training and testing of crew members in the use of emergency equipment.
Subregulation 5 (1) of CAR 1988 provides that where CASA is empowered under the regulations to issue any directions or instructions, it may do so by means of Civil Aviation Orders (CAOs). CASA made such directions and instructions for subregulations 252 (1) and 253 (5) and, consistent with regulation 5, issued them in section 20.11 of the CAOs.
Paragraph 12.1 of section 20.11 provides that a crew member must not be assigned to, or accept emergency duties in, an aircraft engaged in regular public transport, or charter, operations unless he or she has undertaken and passed the annual proficiency test specified in Appendix 4 of the section.
The preamble to Appendix 4 provides that this proficiency test must cover all of the emergency procedures that the crew member may be called upon to perform including those specified in that Appendix. Paragraph 1.1 of Appendix 4 specifies operation and use of each type of normal and emergency exit, evacuation slide and escape rope and procedures for evacuation.
Thus the training and proficiency test in the use of exits must be specific to the type of exit the crew member may be called upon to use in an emergency.
Although they are similar in appearance and operation, there are differences between the use of an exit on B737 aircraft and B767 aircraft (known as Type III exits). At some locations, Qantas Airways Limited does not use a B737 Type III exit trainer and uses instead a B767 Type III trainer for training and proficiency testing.
This is contrary to the requirements of paragraph 12.1 of section 20.11 of the CAOs. However, because of the similarities between the B737 and B767 Type III exits, Qantas has sought an exemption from the requirements of paragraph 12.1 in respect of its B737 aircraft.
Under subregulation 308 (3) of CAR 1988, CASA may give such an exemption, but only after taking into account all relevant considerations relating to the interests of safety, and subject to any conditions specified in the exemption that are necessary in the interests of safety.
Boeing, the manufacturer of B737 and B767 aircraft, considers that the training differences between the respective exit types are not so significant that they warrant the purchase of a separate training device for each type of aircraft. However, Boeing also considers that training programs for the B737 must clearly specify particular differences in door handles, direction of door travel, and over-wing exit attachment.
The instrument, therefore, exempts Qantas and crew members from compliance with the requirement under paragraph 12.1 of section 20.11 of the CAOs that the proficiency test under paragraph 1.1 of Appendix 4 of the section be in the use of a B737 rather than a B767 Type III exit.
The exemption is subject to conditions in the interests of safety. For example, B737 crew members must train and be tested on a fully maintained B767 Type III exit that is representative of an actual exit. The proficiency must include knowledge of differences. Crew members must receive differences training. This, and other relevant training, must be consistent with any guidance issued by Boeing including that mentioned above. Training and testing must reflect the requirements of the actual emergency procedures for B737 aircraft.
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 B737 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 February 2008.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Exemption Number: CASA EX02/2005]