CASA EX15/09 – Exemption – emergency locator transmitters

Overview

The instrument CASA EX15/09, made under the authority of the Civil Aviation Safety Authority (CASA), was enacted to address a gap in compliance requirements for certain piston engine aeroplanes and helicopters operated in Australia. This legislative instrument provides an exemption from the Civil Aviation Regulations 1988, specifically from regulation 252A, which mandates the installation of an approved emergency locator transmitter (ELT) on aircraft prior to flight. This exemption applies to Australian aircraft that are not exempted aircraft, have between 2 and 38 seats, and are not fitted with an eligible ELT. The objective of this exemption is to facilitate compliance while ensuring safety, as it imposes specific conditions such as the requirement to lodge a comprehensive flight plan, nominate a search and rescue time, and maintain a 121.5 MHz beacon, thereby maintaining the overall safety standards set by the Civil Aviation Regulations 1988.

Scope and Application

This legislative instrument, CASA EX15/09, pertains to the exemption from certain requirements of the Civil Aviation Regulations 1988 (CAR 1988) concerning emergency locator transmitters (ELT) for specific types of Australian aircraft. It applies to pilots in command of Australian aircraft that are piston engine aeroplanes or helicopters with a seating capacity of 2 to 38 seats, provided these aircraft are not exempted from the regulation and are not fitted with an eligible ELT. This exemption was introduced under subregulation 308(1) of the CAR 1988 and came into effect on 27 February 2009, with an expiration date of June 2009. The exemption exempts these pilots from the requirement to fit an approved ELT before beginning a flight, subject to certain conditions outlined in Schedule 1 of the instrument, such as lodging a comprehensive flight plan with Air Traffic Services, nominating a SARTIME for each visual flight rules flight, and ensuring that the aircraft is equipped with a 121.5 MHz beacon or, if flying through a designated remote area, an HF and a 121.5 MHz portable or fixed beacon. The exemption was amended by CASA EX21/09, which was registered on 24 March 2009 and came into effect on 25 March 2009, modifying the conditions of the original exemption.

Key Provisions

This legislative instrument (CASA EX15/09) provides an exemption under subregulation 308(1) of the Civil Aviation Regulations 1988, effective from 27 February 2009 until the end of June 2009, for certain Australian aircraft that are not exempted aircraft, are piston engine aeroplanes or helicopters with between 2 and 38 seats, and are not fitted with an eligible emergency locator transmitter (ELT). The exemption (section 3) allows the pilot in command of such aircraft to commence a flight without an approved ELT, subject to specific conditions outlined in Schedule 1. These conditions include lodging a comprehensive flight plan or flight note with Air Traffic Services (ATS) (Schedule 1, condition 1), nominating a Search and Rescue Time (SARTIME) for each visual flight rules (VFR) flight (Schedule 1, condition 2), advising ATS of any deviation from the flight plan or flight note (Schedule 1, condition 3), and ensuring the aircraft is equipped with a 121.5 MHz beacon (Schedule 1, condition 4). If the aircraft is to be flown through a designated remote area, it must also be equipped with HF and carry a 121.5 MHz portable or fixed beacon (Schedule 1, condition 5). The Act imposes several obligations on the pilot in command of the specified aircraft. Firstly, they must lodge a comprehensive flight plan or flight note with ATS (Schedule 1, condition 1). This ensures that ATS is aware of the aircraft's intended flight path and can provide assistance in case of an emergency. Secondly, the pilot in command must nominate a SARTIME for each VFR flight (Schedule 1, condition 2). This helps to establish a timeline for search and rescue operations if the aircraft becomes overdue or goes missing. Thirdly, the pilot in command must advise ATS of any deviation from the flight plan or flight note (Schedule 1, condition 3). This allows ATS to update their records and potentially adjust search and rescue efforts accordingly. Fourthly, the aircraft must be equipped with a 121.5 MHz beacon (Schedule 1, condition 4). This ensures that the aircraft can be located by search and rescue teams in the event of an emergency. Finally, if the aircraft is to be flown through a designated remote area, it must also be equipped with HF and carry a 121.5 MHz portable or fixed beacon (Schedule 1, condition 5). This provides additional means of communication and location in remote areas where standard communication and location equipment may be limited. There are no explicit offences, penalties, or consequences outlined in the legislative instrument for breach of the conditions. However, failure to comply with these obligations could potentially result in safety risks and may be subject to regulatory action under the Civil Aviation Regulations 1988. For instance, not lodging a comprehensive flight plan or flight note, not nominating a SARTIME, or not advising ATS of a deviation from the flight plan or flight note could potentially lead to difficulties in search and rescue operations, which could have serious consequences in an emergency. Similarly, not ensuring the aircraft is equipped with the required beacons could reduce the chances of the aircraft being located in an emergency. While specific penalties are not detailed in this legislative instrument, breaches of the Civil Aviation Regulations 1988 can result in enforcement actions, including fines and potential criminal charges, depending on the severity and nature of the breach.