Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from carriage of life rafts
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 308 (1) 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. Under subregulation 308 (3), CASA must first take into account any relevant considerations relating to the interests of safety. Under subregulation 308 (2), an exemption may be issued subject to the person complying with any conditions specified by CASA as necessary in the interests of safety.
Under subregulation 252 (1) of CAR 1988, CASA may give directions about the necessary life-saving equipment to be carried on Australian aircraft.
Under regulation 5 of CAR 1988, where CASA is empowered to issue directions, it may do so in Civil Aviation Orders.
Directions under subregulation 252 (1) of CAR 1988 have been issued in Civil Aviation Order (CAO 20.11). Under paragraph 5.2.1 of CAO 20.11, an aircraft that is flown over water at a distance from land greater than the permitted distance must carry sufficient life rafts to provide a place in a life raft for each person on board the aircraft.
Except in the case of certain more powerful aircraft and aircraft engaged in extended range operations, the permitted distance from land is not more than 30 minutes at normal cruising speed or 100 miles, whichever is less (subparagraph 5.2.1.1 (b) of CAO 20.11). That distance is more restrictive than the maximum comparable distance set by the International Civil Aviation Organization (ICAO) as the international standard for a permitted distance, namely 120 minutes at normal cruising speed or 400 nautical miles, whichever is less (ICAO Annexe 6, Part I, paragraph 6.5.3.1).
The instrument exempts DCH-8 aircraft, operated by Queensland Regional Airlines Pty Ltd on flights over water between specified aerodromes in Northern Australia and Papua New Guinea, from the requirement to carry life rafts. In the interests of safety, it is a condition that the aircraft may only operate within whichever is the lesser of 60 minutes at single engine cruising speed, or within 200 nautical miles, from an adequate aerodrome. This condition provides more flexibility than the requirement in subparagraph 5.2.1.1 (a) of CAO 20.11, but is still within the ICAO standard.
The reference in the condition to single engine cruising speed arises because safety requires the calculation of maximum time from an aerodrome to be based on the notional loss of 1 of the 2 engines on the aircraft.
Legislative Instruments Act
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. Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. The instrument is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation under section 17 of the LIA has not been undertaken because the instrument is for a specific operator, operating to and from specific aerodromes, and is similar to earlier instruments issued to other operators engaged in similar operations.
The instrument comes into effect on the day after it is registered. It stops having effect at the end of 28 February 2009.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX11/06]