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]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulations governing civil aviation activities in Australia. This legislation was introduced to ensure safety and compliance in the use of radiocommunication systems during flight and on the ground, as well as to address the specific needs of emergency services in conducting their operations effectively. The Civil Aviation Regulations 1988 were made under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to create such regulations. The Civil Aviation (Safety) Regulations 1998 further detail the requirements for the use of radiocommunication systems, including licensing and certification of operators. The policy objective of these regulations is to maintain high safety standards while enabling flexibility for emergency services to operate effectively during critical situations, such as firefighting operations.
Scope and Application
The Civil Aviation Regulations 1988 Exemption pertains to the use of radiocommunication systems in firefighting operations, applying to pilots in command of Australian aircraft and personnel of the Department of Sustainability and Environment of Victoria and the Country Fire Authority of Victoria. This exemption allows these individuals, who are trained but typically do not hold the required licences or certificates, to operate radiocommunication systems during bush fire fighting activities. Geographically, this exemption applies nationally within Australia and is effective from its gazettal until the end of 31 August 2006. It is important to note that this exemption is subject to conditions specified as necessary in the interests of safety and is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. The exemption does not extend to other entities or individuals not involved in these specific firefighting operations and does not alter the fundamental requirements of the Civil Aviation Regulations 1988 outside of the specified circumstances.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include specific exemptions for certain radiocommunication system operations during firefighting activities, as outlined in the explanatory statement for Exemption Number CASA EX09/2004. Under regulation 308(3) of CAR 1988, the Civil Aviation Safety Authority (CASA) can exempt aircraft and associated personnel from specific compliance requirements, provided safety is not compromised. This exemption, pursuant to section 98 of the Civil Aviation Act 1988, allows certain individuals to operate radiocommunication systems without the standard licensing requirements outlined in paragraphs 83(1)(c), 83(1)(e), 83(2)(b) and subregulation 83(3) of CAR 1988. These paragraphs typically require the pilot in command of an Australian aircraft to ensure that radiocommunication systems are operated only by licensed personnel, both during flight and when the aircraft is on the ground. Similarly, the owner of a radiocommunication system used for air navigation must permit only licensed individuals to operate the system.
This exemption applies to the Department of Sustainability and Environment of Victoria (DSE) and the Country Fire Authority of Victoria (CFA), enabling them to permit the use of radiocommunication systems by personnel who do not hold the usual licences or certificates during bushfire fighting operations. These personnel are trained in the use of radiocommunication systems for tactical communications but are not typically licensed. The exemption allows the DSE and CFA to operate radiocommunication systems for air-to-air and air-to-ground communications during firefighting operations, facilitating more efficient coordination and communication.
Obligations under this exemption require that any operations conducted under this exemption must adhere to any conditions specified by CASA to ensure that safety is not compromised. Personnel from DSE and CFA must ensure that the use of radiocommunication systems is strictly limited to the context of firefighting operations and that all communications are conducted in accordance with the terms of the exemption. This includes ensuring that the radiocommunication systems are only used by authorised personnel during the specified operations and that all other operations are conducted in line with standard regulatory requirements.
Failure to comply with the terms of this exemption, or any misuse of the radiocommunication systems, can lead to significant consequences. Although the explanatory statement does not specify penalties, any breach of CAR 1988 generally can result in civil or criminal penalties. These can include fines or other penalties as determined by the relevant aviation authorities. The severity of the penalties would depend on the nature and extent of the breach, but it is clear that any misuse of radiocommunication systems, even under this exemption, can have serious ramifications.