EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS
ILLUMINATION OF EMERGENCY EXITS ON CERTAIN AIRCRAFT
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Under regulation 5 of the Civil Aviation Regulations (the Regulations), if CASA is empowered or required to issue any direction, instruction or notification or to give any permission, approval or authority, CASA may, subject to any contrary intention, issue the direction or notification or give the permission, approval or authority in Civil Aviation Orders (CAOs) or otherwise in writing. Under regulation 5A of the Regulations, if CASA has issued a CAO and CASA issues a later direction, instruction, notification, permission, approval or authority that is not a CAO and that in any way affects the operation of the CAO, the later document is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Under regulation 252 of the Regulations, CASA may, among other things, give directions with respect to the provision of such emergency systems as CASA considers necessary to safeguard an aircraft and persons on board an aircraft. Paragraph 9.1 of CAO 20.11 has been made under regulation 252. That subsection provides for the illumination of an aircraft’s emergency exits when the aircraft is on the ground and there are passengers on board.
In the case of SAAB SF340 aircraft, compliance with the provisions of paragraph 9.1 of CAO 20.11 means that the emergency illumination is required for about 5 minutes after shut down of the engines (while passengers disembark) and for about 10 minutes before the engines start (while passengers embark). Due to the design of the electrical system of SAAB SF340 aircraft, the lack of an auxiliary power unit and the short sectors flown, the aircraft’s emergency lighting system batteries are not sufficiently recharged in flight to enable the batteries to function properly in an emergency. Moreover, the SAAB SF340 electrical system was not designed to cope with the usage necessary to comply with paragraph 9.1 of CAO 20.11 and the batteries are starting to break down leading to increased maintenance requirements.
In these circumstances, CASA has issued the attached direction to allow the SAAB SF340 aircraft to operate, subject to conditions, in a way that would prevent the problems noted above. CASA does not consider that the direction will adversely affect the safety of air navigation.
The direction has been issued by the District Engineering Manager, Melbourne, as a delegate of CASA.
The direction took effect on gazettal.
[EXEMPTION NUMBER: CASA 11/1997]