CASA EX09/12 - Exemption - provision of Part 139H of CASR 1998 – application of foam by attack vehicle monitor

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, providing regulations to govern various aspects of civil aviation. The regulations are designed to maintain a high standard of safety in the operation of aircraft and other aviation activities. One such regulation, Part 139H, applies specifically to Aerodrome Rescue and Fire Fighting Services (ARFFS) and requires ongoing training for firefighters to maintain their competency, including the application of foam by attack vehicle monitors at least every 90 days. This requirement was established to ensure that ARFFS personnel are adequately trained to handle emergencies effectively. In response to an application from Airservices Australia, which operates ARFFS services under a certificate of approval from the Civil Aviation Safety Authority (CASA), an exemption was granted from the 90-day training requirement for foam application. The exemption recognises the challenges posed by increased aircraft activity and the potential environmental impact of frequent training exercises. Instead, the exemption mandates monitor skills training every 90 days and actual foam application every 180 days. This exemption, which aligns more closely with practices in other countries, was introduced to balance safety requirements with practical operational considerations while ensuring an acceptable level of safety. The exemption is subject to the Legislative Instruments Act 2003 and is in effect from 1 February 2012 to 30 April 2012.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) apply to Aerodrome Rescue and Fire Fighting Services (ARFFS) and are enforced by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988. Airservices Australia (AA), an approved provider of ARFFS, operates under Part 139H of CASR 1998 and the Manual of Standards Part 139H (MOS). This instrument exempts AA from specific requirements concerning the frequency of foam application training for firefighters, recognising the challenges posed by increased aircraft activity and environmental sensitivity. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to parliamentary disallowance. While consultation with AA was undertaken as they requested the exemption, broader consultation was not necessary as the exemption pertains to a single entity. The exemption is effective from 1 February 2012 until 30 April 2012, replacing a previous exemption and is consistent with human rights, as it does not engage any applicable rights or freedoms.

Key Provisions

The key operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) as amended by the Explanatory Statement F2012L00119, primarily concern exemptions from specific regulations governing Aerodrome Rescue and Fire Fighting Services (ARFFS). Subregulation 11.160(1) of CASR 1998 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with CASR 1998 provisions. This authority can be exercised either in response to an application or on CASA's own initiative. In making such decisions, the paramount consideration is the preservation of an acceptable level of safety. The exemption in question pertains to subregulation 139.845(4) of CASR 1998, specifically paragraph 20.1.3.3(a) of the Manual of Standards Part 139H (MOS), which requires ongoing training for firefighters. The exemption modifies the frequency of the required training, reducing the necessity for core competency training in the application of foam by an attack vehicle monitor from every 90 days to once every 180 days. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily centred around the provision of ARFFS and ensuring that safety standards are upheld. Airservices Australia (AA), as an approved provider under CASR 1998, must adhere to the standards set out in Part 139H and the MOS. However, the exemption allows AA to deviate from the strict 90-day training frequency for foam application by attack vehicle monitors, provided it complies with the modified schedule of once every 180 days. This flexibility is intended to address practical difficulties and safety concerns related to the frequency of such training, particularly in locations with increased aircraft activity. The legislation also outlines potential consequences for breaches of its provisions. Although the specific offences and penalties are not detailed in the explanatory statement, under the general framework of CASR 1998, non-compliance with aviation safety regulations can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the seriousness with which aviation safety is treated. The specific penalties would depend on the nature and severity of the breach, but the overarching aim is to ensure stringent adherence to safety standards to protect the public and aviation personnel. In summary, the key provisions of this legislation pertain to granting exemptions from certain training requirements for ARFFS personnel, specifically modifying the frequency of foam application training by attack vehicle monitors. The obligations for entities like AA include compliance with the modified training schedule while maintaining an acceptable level of safety. The potential consequences for non-compliance include civil and criminal penalties, although the specific penalties are not detailed in this particular explanatory statement. The instrument is subject to parliamentary disallowance and is compatible with human rights, as it does not raise any human rights issues.