CASA EX101/09 - 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, and they provide comprehensive regulations for various aspects of civil aviation safety, including Aerodrome Rescue and Fire Fighting Services (ARFFS). The Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for the safety of air navigation. This legislative framework ensures that entities like Airservices Australia, which holds a certificate of approval to provide ARFFS services at various aerodromes, adhere to stringent safety standards. In particular, Part 139H of the CASR 1998 and the Manual of Standards Part 139H outline specific requirements for ARFFS providers. To address a specific issue, an exemption under subregulation 11.160 of the CASR 1998 has been issued. This exemption, granted by the Civil Aviation Safety Authority (CASA), allows Airservices Australia to be exempt from a particular requirement concerning the frequency of foam application training for firefighters, recognising the unique operational challenges faced by the entity and aligning with international standards. The exemption is subject to conditions and must be renewed periodically, ensuring that safety standards are maintained while accommodating practical operational needs.

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 this regulatory framework, Airservices Australia (AA), an approved provider of ARFFS at various aerodromes, is required to comply with Part 139H of CASR 1998. AA holds a certificate of approval issued by CASA under regulation 139.711 of CASR 1998 and must adhere to the standards outlined in the Manual of Standards Part 139H. However, the Civil Aviation Safety Regulations 1998 permit CASA to grant exemptions from certain regulatory requirements if it is deemed necessary in the interest of maintaining an acceptable level of safety. In this specific instance, CASA has granted an exemption to AA from subregulation 139.845(4) of CASR 1998, concerning the frequency of training for the application of foam by attack vehicle monitors. The exemption allows AA to conduct monitor skills training every 90 days and actual foam application every 180 days, aligning with practices in other countries and mitigating potential environmental contamination from increased aircraft activity. This exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. The exemption was requested by AA, and it renews an existing exemption that was set to expire at the end of November 2009, commencing on 1 December 2009 and ending on 30 November 2011.

Key Provisions

The main operative sections of this legislation concern the exemption granted by the Civil Aviation Safety Authority (CASA) under subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998). This exemption, detailed in the explanatory statement, pertains to Airservices Australia (AA), an approved provider of Aerodrome Rescue and Fire Fighting Services (ARFFS), and specifically exempts them from the requirement to provide core competency training in the application of foam by an attack vehicle monitor every 90 days, as stipulated in subregulation 139.845(4) of CASR 1998 and paragraph 20.1.3.3(a) of the Manual of Standards Part 139H (MOS). Instead, the exemption mandates monitor skills training every 90 days and actual foam application every 180 days as detailed in Schedule 1. The obligations imposed by this legislation on AA are twofold. Firstly, they must comply with the reduced training frequency as outlined in the exemption, which involves monitor skills training every 90 days and foam application every 180 days. This change is intended to address concerns about the practical difficulties and potential environmental impacts of the original training schedule. Secondly, the exemption is subject to conditions imposed by CASA to ensure that the safety of air navigation is maintained despite the reduced training frequency. The conditions outlined in the exemption are designed to mitigate any risks associated with the lower frequency of foam application training. In terms of consequences for breach, the legislation does not explicitly state penalties or consequences for non-compliance with the exemption conditions. However, non-compliance with CASR 1998 generally can lead to significant civil and criminal penalties. For instance, under section 27 of the Civil Aviation Act 1988, a person who contravenes a regulation can be fined up to $22,200 for a strict liability offence, and in the case of a corporation, the fine can be much higher. Additionally, CASA can take enforcement actions such as suspending or cancelling the approval of ARFFS providers, which could have severe operational and financial repercussions for AA. The exemption itself is also subject to disallowance under section 42 of the Legislative Instruments Act 2003, which means that if the Parliament decides to disallow the exemption, it will cease to have effect.