Explanatory Statement
Civil Aviation Regulations 1988
Exemption — navigation and anti-collision lights
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft shall not be used in any class of operation unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.
Subregulation 5 (1) of CAR 1988 provides that whenever CASA is empowered by CAR 1988 to give directions or approvals, it may do so in Civil Aviation Orders (the CAOs).
Paragraph 3 of Appendix V to Civil Aviation Order 20.18 requires that aircraft must have 2 landing lights except when engaged in private and aerial work operations and charter operations not carrying passengers for hire and reward when it must have 1 light.
Subregulation 195 (1) of CAR 1988 requires that the pilot in command and the operator of an aircraft must comply with the rules requiring lights to be displayed in relation to the aircraft at night and in conditions of poor visibility.
Subregulation 196 (1A) provides that the operator and pilot in command of an aeroplane in flight, or operating on the manoeuvring area of a land aerodrome, must ensure that the lights required by this regulation to be displayed on the aeroplane are displayed. Subregulation 196 (3) provides that unless CASA otherwise directs, an aeroplane in flight or operating on the manoeuvring area of a land aerodrome shall display, in addition to navigation lights, an anti-collision light consisting of a flashing red light.
Aerorescue Pty Limited (the operator) already operates fast, sophisticated turboprop aircraft at 5 locations around Australia that are equipped with surveillance equipment that can detect personnel, aircraft, and marine craft a long distance from their position. The operator is currently contracted to the Australian Maritime Safety Authority to provide search and rescue capability nationally. The operator provides a perfect platform for covert surveillance. Some of these operations require that external lights on the aircraft are turned off. The exemption will permit the operator to carry out covert surveillance without displaying some of the required lights.
To mitigate against the risks associated with such operations, conditions have been imposed. The pilot in command and the operator must ensure that the ELTS Radar System is operative.
Legislative Instrument Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is an exemption requested for covert surveillance and border protection operations. It replaces instrument CASA EX66/08 which ceased to have effect at the end of September 2009. A similar instrument would be issued for operations of this nature to any operator who is able to meet all requirements.
The instrument comes into effect on the day after it is registered. It stops having effect at the end of February 2012.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Instrument number CASA EX04/10]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Parliament, govern the safety and operational standards of aircraft in Australian airspace. In 2010, an exemption was introduced under the Civil Aviation Act 1988 to address specific operational needs of Aerorescue Pty Limited, which operates search and rescue missions requiring covert surveillance capabilities. This exemption allows the operator to turn off certain navigation and anti-collision lights during operations, provided they maintain the ELTS Radar System to mitigate associated risks. The exemption, issued by the Civil Aviation Safety Authority (CASA) and subject to disallowance under the Legislative Instruments Act 2003, was made without formal consultation but replaces a previous exemption that expired in September 2009. This legislative instrument is effective until the end of February 2012.
Scope and Application
The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, applies to all aircraft and their operators within Australia. Specifically, this exemption pertains to Aerorescue Pty Limited, an operator of turboprop aircraft used for covert surveillance as part of their search and rescue operations contracted to the Australian Maritime Safety Authority. This exemption allows the operator to turn off certain external lights during covert surveillance operations, which are necessary for maintaining safety in air navigation as stipulated in the Civil Aviation Regulations 1988. To mitigate the risks associated with these operations, the exemption imposes conditions that the pilot in command and the operator must ensure the Emergency Locator Transmitter Radar System is operative. This exemption is a legislative instrument subject to the disallowable instrument provisions of the Legislative Instruments Act 2003, and although consultation under the Legislative Instruments Act was not undertaken, the exemption replaces a previous instrument that expired at the end of September 2009. This exemption is effective from the day after its registration and will cease at the end of February 2012.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) contain specific requirements for aircraft operation, including the installation and use of various lights to ensure safety. Subregulation 207(2) mandates that Australian aircraft must be fitted with instruments and equipment approved by the Civil Aviation Safety Authority (CASA). Subregulation 5(1) further specifies that CASA can issue directions and approvals through Civil Aviation Orders (CAOs). For example, paragraph 3 of Appendix V to Civil Aviation Order 20.18 stipulates that aircraft must have two landing lights, except in certain private and charter operations, where only one landing light is required. Subregulation 195(1) imposes an obligation on the pilot in command and the aircraft operator to comply with lighting rules, particularly at night or in poor visibility conditions. Subregulation 196(1A) and (3) require aeroplanes in flight or on a land aerodrome's manoeuvring area to display navigation lights and an anti-collision light unless otherwise directed by CASA.
The exemption granted under this legislation allows Aerorescue Pty Limited to operate their turboprop aircraft without displaying some external lights during covert surveillance operations. This is permitted on the condition that the aircraft's ELTS Radar System is operational. This exemption is intended to mitigate risks associated with such operations, such as detecting personnel, aircraft, and marine craft from a distance. The exemption also recognises the operator's role in providing national search and rescue services under contract with the Australian Maritime Safety Authority.
The exemption is a legislative instrument, declared as a disallowable instrument under subregulation 308(4) of CAR 1988 and section 5 of the Legislative Instruments Act 2003 (LIA). As such, it is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. This particular exemption was made without prior consultation, as stipulated in section 17 of the LIA, and replaces a previous exemption that expired in September 2009. The exemption will remain in effect until the end of February 2012, from the day after it is registered.
The exemption was issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. The exemption is applicable only to Aerorescue Pty Limited and is contingent upon the operator meeting all specified requirements. Failure to comply with these conditions could result in penalties and legal consequences under the relevant aviation regulations and acts. The specific penalties for breaches are not outlined in the provided text, but they typically include fines and other regulatory actions that may affect the operator's licence and ability to conduct operations.