CASA EX02/2005 - Exemption under subregulation 308(1) relating to emergency procedures proficiency test for Qantas B737 aircraft

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2005L00693 Not in force Legislative Instrument

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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]

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation operations to ensure safety and efficiency. The Civil Aviation Regulations 1988, made under the Act, provide detailed requirements for aircraft operations, including emergency procedures for crew members. An exemption under subregulation 308(1) of these regulations has been introduced to address a specific issue raised by Qantas concerning the emergency proficiency test for Boeing 737 (B737) aircraft. The exemption allows Qantas to use a Boeing 767 (B767) Type III exit trainer for B737 crew proficiency tests, given the similarities between the exit types, while ensuring safety through specified conditions. This exemption, granted by the Civil Aviation Safety Authority (CASA), is subject to safety considerations and aims to align with Boeing's guidance on training differences. It is effective from the day after registration until the end of February 2008.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide a framework for ensuring the safety of air navigation in Australia, and under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the authority to issue regulations and orders to this end. Specifically, the exemption under subregulation 308(1) of the CAR 1988 pertains to emergency procedures proficiency testing for Qantas B737 aircraft, addressing the specific use of emergency exits. The exemption applies directly to Qantas Airways Limited and its crew members operating B737 aircraft, allowing them to use a B767 Type III exit trainer for training and proficiency testing purposes, despite the requirement to use a B737 Type III exit trainer. This exemption was made under the authority granted by subregulation 308(3) of CAR 1988, with consideration given to safety requirements and subject to conditions ensuring that crew members are adequately trained on the differences between B737 and B767 Type III exits, including receiving specific differences training and being tested on a fully maintained B767 Type III exit that represents an actual exit. The exemption is in effect from the day after its registration on the Federal Register of Legislative Instruments until the end of February 2008.

Key Provisions

The main operative sections of this legislation focus on providing an exemption for Qantas under specific conditions regarding the emergency procedures proficiency test for B737 aircraft. Section 98(1) of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for aviation safety, while subregulation 252(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to issue directions about emergency systems and equipment in Australian aircraft. Furthermore, subregulation 253(5) of CAR 1988 enables CASA to specify instructions for crew training and testing in emergency equipment usage. Section 5(1) of CAR 1988 permits CASA to issue these directions and instructions via Civil Aviation Orders (CAOs). Specifically, section 20.11 of the CAOs requires crew members to pass an annual proficiency test for emergency procedures. This test must include training on the use of exits specific to the aircraft type they are assigned to, as detailed in Appendix 4 of section 20.11. This legislation imposes several obligations on Qantas and its crew members. Firstly, crew members must undergo and pass an annual proficiency test that includes training on the use of exits specific to the B737 aircraft. Despite the exemption, crew members must still be trained on a fully maintained B767 Type III exit that is representative of an actual exit. Additionally, they must receive training on the differences between B737 and B767 Type III exits, including door handles, direction of door travel, and over-wing exit attachment. This training must align with Boeing’s guidance and reflect the actual emergency procedures for B737 aircraft. Any breach of the conditions set forth in this exemption could result in serious consequences. The exemption is subject to safety considerations, and failure to adhere to the specified conditions may compromise the safety of passengers and crew. While the specific penalties for non-compliance are not detailed in the legislation, breaches of civil aviation regulations generally can lead to fines and other legal repercussions. The exemption, as a legislative instrument, is also subject to tabling and disallowance in Parliament, reinforcing its importance and the seriousness with which it must be treated. The exemption is subject to the legislative framework outlined in the Legislative Instruments Act 2003, meaning it must be registered on the Federal Register of Legislative Instruments and will cease to have effect at the end of February 2008. The exemption was made by the Deputy Chief Executive and Chief Operating Officer of CASA, who is a delegate under subregulation 7(1) of CAR 1988. This process ensures that the exemption aligns with the overarching safety objectives of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.