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]
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the framework for regulating civil aviation in Australia, focusing on safety and efficiency. The Act empowers the Civil Aviation Safety Authority (CASA) to issue regulations and directives necessary to ensure the safety of air navigation. One such regulation, Regulation 252 of the Civil Aviation Regulations, allows CASA to direct the provision of emergency systems on aircraft to safeguard passengers and crew. To address specific operational issues with SAAB SF340 aircraft, CASA issued a direction under this regulation to mitigate problems arising from the aircraft's electrical system design, which was not suited to the requirements of the illumination of emergency exits while on the ground. This direction aims to maintain safety standards without adversely affecting the operational viability of the aircraft, ensuring continued safe air navigation.
Scope and Application
The Civil Aviation Act 1988, through its subsidiary regulations and Civil Aviation Orders (CAOs), applies to the operation of aircraft within Australia, ensuring compliance with safety standards established by the Civil Aviation Safety Authority (CASA). This legislation is instrumental in governing the provision of emergency systems on aircraft, including the illumination of emergency exits. Regulation 252 of the Civil Aviation Regulations empowers CASA to issue directions related to these emergency systems, ensuring they are adequate to safeguard the aircraft and its passengers. Paragraph 9.1 of CAO 20.11 specifically mandates the illumination of emergency exits under certain conditions, such as when the aircraft is on the ground with passengers onboard. However, in the case of SAAB SF340 aircraft, compliance with this regulation has led to operational challenges due to the design limitations of the aircraft’s electrical system. CASA has subsequently issued a direction, exempting SAAB SF340 aircraft from the strict illumination requirements of paragraph 9.1 of CAO 20.11 to prevent adverse effects on the aircraft’s operational safety and maintain battery functionality. This direction, issued under CASA’s delegation authority, took effect upon gazette publication.
Key Provisions
The Civil Aviation Act 1988 (the Act) and the Civil Aviation Regulations (the Regulations) provide the framework for the oversight and regulation of civil aviation in Australia. Under section 98(1) of the Act, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 5 of the Regulations specifies that the Civil Aviation Safety Authority (CASA) may issue directions, instructions, notifications, or give permissions, approvals, or authorities in Civil Aviation Orders (CAOs) or otherwise in writing, unless there is a contrary intention. This regulation allows CASA to exercise its regulatory functions through various means. Regulation 5A of the Regulations further clarifies that if CASA issues a CAO and subsequently issues a later direction, instruction, notification, permission, approval, or authority that affects the operation of the CAO, the later document is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
Under regulation 252 of the Regulations, CASA has the authority to give directions regarding the provision of emergency systems necessary to safeguard an aircraft and its passengers. This regulation underpins the creation of specific operational requirements for aircraft safety. One such requirement is found in paragraph 9.1 of CAO 20.11, which mandates the illumination of an aircraft’s emergency exits when the aircraft is on the ground and there are passengers on board. For SAAB SF340 aircraft, this means that the emergency lighting must be operational for approximately five minutes after engine shutdown (while passengers disembark) and for about ten minutes before engine start (while passengers embark). However, due to the unique design of the SAAB SF340’s electrical system, the aircraft’s emergency lighting system batteries are not sufficiently recharged during flight to function properly in an emergency. Additionally, the electrical system was not designed to handle the usage necessary to comply with paragraph 9.1 of CAO 20.11, leading to battery degradation and increased maintenance requirements.
To address these issues, CASA has issued a specific direction to allow the SAAB SF340 aircraft to operate under certain conditions, mitigating the problems identified above. This direction, issued by the District Engineering Manager, Melbourne, as a delegate of CASA, aims to maintain safety without adversely affecting air navigation. The direction came into effect upon its gazette and is part of a broader effort to ensure that safety standards are upheld while accommodating the practical limitations of specific aircraft models.
Failure to comply with the provisions of the Civil Aviation Act 1988, the Civil Aviation Regulations, or the directions issued by CASA can result in significant legal consequences. Offences under these regulations may lead to civil or criminal penalties, including fines and imprisonment. The maximum penalties can vary depending on the severity of the breach and the specific provisions of the Act or Regulations that have been contravened. It is imperative for operators and other governed parties to adhere strictly to the requirements set forth to avoid these potential consequences.