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]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of air navigation in Australia, and under the authority of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) is empowered to make regulations and issue exemptions for compliance with specified provisions of CAR 1988. One such exemption pertains to the carriage of life rafts on aircraft operating over water. The Civil Aviation Order (CAO 20.11) stipulates that aircraft flying over water must carry sufficient life rafts, but certain aircraft operated by Queensland Regional Airlines Pty Ltd have been exempted from this requirement under specific conditions that maintain safety standards. The exemption allows DCH-8 aircraft to operate within 60 minutes at single engine cruising speed, or 200 nautical miles, from an adequate aerodrome, ensuring they remain within the International Civil Aviation Organization (ICAO) standards. This legislative instrument, declared under the Legislative Instruments Act 2003, is subject to tabling and disallowance in Parliament and was issued without further consultation due to its specificity and similarity to previous exemptions.
Scope and Application
The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, allows for the exemption of specified aircraft from certain regulatory requirements, provided that safety considerations are prioritised. Specifically, the Civil Aviation Regulations 1988 permit the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons associated with the operation of such aircraft, from the mandated carriage of life rafts under certain conditions. This exemption applies to DCH-8 aircraft operated by Queensland Regional Airlines Pty Ltd, which are engaged in flights over water between designated aerodromes in Northern Australia and Papua New Guinea. The exemption is granted on the condition that these aircraft must operate within a distance of 60 minutes at single engine cruising speed, or within 200 nautical miles, from an adequate aerodrome, ensuring they remain within the safety parameters set by the International Civil Aviation Organization. The exemption is subject to disallowance under the Legislative Instruments Act 2003 and is effective until the end of February 2009.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) contain provisions that mandate the carriage of life rafts on aircraft flown over water at distances exceeding certain limits from land. Specifically, under subregulation 308(1), the Civil Aviation Safety Authority (CASA) can exempt aircraft or persons associated with their operation from compliance with specified provisions of the CAR 1988, provided safety interests are taken into account and any conditions deemed necessary by CASA are met, as outlined in subregulation 308(2) and (3). For life-saving equipment, CASA has the authority to issue directions under subregulation 252(1), and these directions are often encapsulated in Civil Aviation Orders (CAOs). For example, paragraph 5.2.1 of CAO 20.11 mandates that aircraft flying over water at distances greater than 30 minutes at normal cruising speed or 100 miles from land must carry sufficient life rafts. However, for certain more powerful aircraft and those engaged in extended range operations, this distance is more restrictive.
The legislation in question provides an exemption for DCH-8 aircraft operated by Queensland Regional Airlines Pty Ltd on specific flights over water between designated aerodromes in Northern Australia and Papua New Guinea. This exemption relieves the aircraft from the requirement to carry life rafts, but only under the condition that these flights remain within 60 minutes at single engine cruising speed, or 200 nautical miles, from an adequate aerodrome. This condition ensures that the flights remain within the ICAO standard, providing an adequate safety buffer. The reference to single engine cruising speed is due to the need for safety calculations to account for the potential loss of one of the aircraft’s two engines.
Obligations imposed by the Act require Queensland Regional Airlines to strictly adhere to the specified operational limits, ensuring that all flights are conducted within the 60-minute or 200 nautical miles radius from an adequate aerodrome. This condition is designed to maintain safety standards while offering more flexibility than the general requirement under CAO 20.11. CASA’s oversight is integral to ensuring compliance with these conditions, thereby maintaining the safety of the operations.
Violations of the conditions specified in this exemption may result in civil or criminal consequences. Under the Legislative Instruments Act 2003, the exemption is a disallowable instrument, subject to tabling and disallowance in Parliament. Non-compliance with the conditions set forth could lead to penalties, although the exact nature and severity of these penalties are not detailed within the provided text. It is crucial for Queensland Regional Airlines to maintain strict adherence to these operational limits to avoid any potential legal repercussions.