CASA EX11/08 - Exemption - emergency procedures proficiency test for Qantas B737 aircraft

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of air navigation in Australia, with the Civil Aviation Act 1988 (the Act) serving as the foundational legislative framework. The CAR 1988 provide the Australian Civil Aviation Safety Authority (CASA) with the authority to issue directions and instructions regarding emergency systems, equipment, and crew training, which are enforced through Civil Aviation Orders (CAO). Specifically, the CAR 1988 mandate that crew members must pass annual proficiency tests to be assigned emergency duties, with tests covering all emergency procedures, including the operation and use of exits. An exemption has been issued under the CAR 1988 for Qantas B737 aircraft, allowing them to use B767 Type III exit trainers for training and proficiency testing, despite the requirement for type-specific training. This exemption recognises the similarities between the B737 and B767 Type III exits but imposes conditions to ensure safety, such as requiring training on a fully maintained B767 Type III exit that represents an actual exit, and training on the differences between the two types of exits as specified by Boeing. The exemption is subject to parliamentary disallowance under the Legislative Instruments Act 2003 and renews a previous exemption with the same terms.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) establish regulatory requirements for aviation safety in Australia, and under these regulations, the Civil Aviation Safety Authority (CASA) can issue directions and instructions regarding emergency systems, equipment, and crew training in aircraft. In this context, an exemption has been granted to Qantas Airways Limited for its Boeing 737 aircraft, allowing for the use of a Boeing 767 Type III exit trainer for training and proficiency testing of crew members, which is otherwise not compliant with the requirements set out in Civil Aviation Order 20.11 (CAO 20.11). This exemption applies specifically to the use of emergency exits, given the similarities between the Boeing 737 and Boeing 767 Type III exits. The exemption is subject to specific safety conditions, including the use of a fully maintained B767 Type III exit trainer that accurately represents an actual exit, training on differences between the exits, and adherence to Boeing's guidance on training. This exemption is made under the Civil Aviation Act 1988 and is subject to the Legislative Instruments Act 2003, with the exemption being a legislative instrument that can be disallowed by Parliament. The exemption, which renews a previous exemption, is effective from the day after its registration until 31 July 2011.

Key Provisions

The primary sections of the Civil Aviation Regulations 1988 (CAR 1988) that are pertinent to this legislation involve the issuance of directions and instructions by the Civil Aviation Safety Authority (CASA) under subregulation 252(1) and 253(5) respectively, concerning emergency systems, equipment, and crew training. Specifically, subregulation 252(1) allows CASA to issue directions regarding emergency systems and equipment in Australian aircraft, which must not be contravened as stipulated in subregulation 252(1A). Subregulation 253(5) permits CASA to specify instructions for the training and testing of crew members in the use of emergency equipment, which is implemented through Civil Aviation Orders (CAOs). These orders are detailed in CAO 20.11, where paragraph 12.1 mandates that crew members must pass an annual proficiency test in emergency procedures, specified in Appendix 4, to be assigned to emergency duties on aircraft engaged in public transport or charter operations. The obligations imposed by this legislation on Qantas and its crew members are clear. Qantas must ensure that its crew members are trained and tested in the specific emergency procedures relevant to the aircraft they operate, specifically concerning the operation and use of exits, evacuation slides, and escape ropes as outlined in Appendix 4 of CAO 20.11. While the exemption allows Qantas to use a B767 Type III exit trainer for B737 crew members, it imposes strict conditions. These include ensuring that the B767 Type III exit used for training and testing is fully maintained and representative of an actual exit, and that crew members receive training on the differences between B737 and B767 Type III exits. Additionally, all training and testing must adhere to the actual emergency procedures for B737 aircraft and comply with any guidance issued by Boeing. In terms of breaches and penalties, the Civil Aviation Regulations 1988 do not explicitly state specific offences, penalties, or consequences for non-compliance with the exemption conditions. However, any failure by Qantas to adhere to the conditions of the exemption could potentially lead to safety concerns, which CASA may address through enforcement actions. Such actions could include issuing further directions or instructions, imposing additional requirements, or taking other regulatory measures to ensure compliance. Given that the primary focus of the exemption is on maintaining safety, non-compliance could ultimately result in CASA revoking the exemption or taking further action to ensure the safety of air navigation, as permitted under subsection 98(1) of the Civil Aviation Act 1988.