EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
EXEMPTION FROM THE REQUIREMENTS OF PARAGRAPHS 83 (1) (c) AND (e), PARAGRAPH 83 (2) (b) AND SUBREGULATION 83 (3)
USE OF RADIOCOMMUNICATION SYSTEMS IN FIRE FIGHTING OPERATIONS
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988. Such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subregulation 308 (3) of CAR 1988 provides that CASA is authorised to give an exemption subject to any conditions specified in the exemption as being necessary in the interests of safety.
Paragraph 83 (1) (c) of CAR 1988 requires that the pilot in command of an Australian aircraft shall not permit the operation of the radiocommunication system during flight time in the aircraft except by a person who holds a flight radiotelephone operator licence or a student pilot licence.
Paragraph 83 (1) (e) of CAR 1988 requires that the pilot in command of an Australian aircraft shall not permit the operation of the radiocommunication system while the aircraft is on the ground except by a person who holds a licence or certificate mentioned in paragraph 83 (1) (d).
Paragraph 83 (2) (b) of CAR 1988 requires that the owner of a radiocommunication system not installed in an aircraft but used to ensure the safety of air navigation must not permit persons to operate that system unless they hold such a licence or certificate.
Under subregulation 83 (3) of CAR 1988, a person must not operate a radiocommunication system that is:
(a) not installed in, or carried on, an aircraft; or
(b) installed in, or carried on, an aircraft that is on the ground;
if the person does not hold one of the specified licences or certificates.
The Department of Sustainability and Environment of Victoria (DSE) and the Country Fire Authority of Victoria (CFA) have been allocated certain aviation bandwidth VHF AM frequencies by Airservices Australia and the Spectrum Management Authority for use during bush fire fighting activities.
During the conduct of those operations, DSE and CFA personnel have a need to use radiocommunication systems for tactical aircraft-to-aircraft and air-to-ground communications. Although trained in the use of radiocommunication systems for use in fire fighting operations, those personnel do not usually hold licences or certificates of the kind referred to in subregulation 83 (1) or (3).
The effect of this exemption is to exempt a pilot in command of an Australian aircraft in which a radiocommunication system approved under subregulation 82 (1) is installed from compliance with the requirements of paragraphs 83 (1) (c) and (e).
In addition, members and staff of the DSE and CFA are exempted from compliance with paragraph 83 (2) (b) of CAR 1988. This exemption will enable the DSE and CFA, as the owners of a radiocommunication system not installed in, or carried on an aircraft, to permit the operation of that system by a person who is not the holder of a certificate or licence of a kind that would otherwise be required.
This exemption also exempts radio operators who are members or staff of the DSE or CFA from compliance with subregulation 83 (3) of CAR 1988. The exemption applies when they are communicating with an Australian aircraft that is engaged in fire prevention or fire fighting operations.
This exemption commenced on gazettal and stops having effect at the end of 31 August 2006.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Exemption Number: CASA EX09/2004]