EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
Exemption – Carriage of life rafts
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), provides that 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. Subregulation 308 (3) provides that before issuing an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (2) provides that an exemption may be issued subject to the person complying with any conditions specified by CASA as necessary in the interests of safety.
Subregulation 252 (1) provides that CASA may give directions about the necessary life-saving equipment to be carried on Australian aircraft.
Regulation 5 of CAR 1988 provides that where CASA is empowered to issue directions, it may do so in Civil Aviation Orders (the CAOs).
Directions under subregulation 252 (1) have been issued in section 20.11 of the CAOs. Paragraph 5.2.1 of section 20.11 provides that 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 (paragraph 5.2.1.1 of section 20.11). That distance is more restrictive than the maximum comparable distance set by the International Civil Aviation Organisation (ICAO Annexe 6, Part I, paragraph 6.5.3.1) as the international standard for a permitted distance, namely 120 minutes at normal cruising speed or 400 nautical miles, whichever is less.
The instrument exempts Embraer EMB 120 Brasilia aircraft, operated by Regional Pacific Airlines Pty Ltd on flights over water between specified aerodromes in Northern Australia and PNG, from the requirement to carry life rafts. In the interests of safety, a condition has been imposed on the operator — the aircraft must only operate within 60 minutes at single engine cruising speed or 200 nautical miles, whichever is less, from an adequate aerodrome. This condition is somewhat more flexible than the requirement in paragraph 5.2.1 of section 20.11, but still within the international standard.
The exemption revokes and replaces a similar exemption issued to Regional Pacific Airlines Pty Ltd in November 2004 (CASA EX39/2004). It also corrects the condition in that earlier exemption which had erroneously referred to normal engine cruising speed rather than single engine cruising speed. Safety requires the calculation of maximum distance from an aerodrome to be based on notional loss of 1 of the 2 engines on the Embraer EMB 120 Brasilia aircraft.
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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. The exemption is, therefore, a legislative instrument and it 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 in this case. The instrument renews, and is similar to, an exemption previously issued to an operator for specific activities during a specific period.
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments. The instrument stops having effect at the end of May 2008 when the operator’s AOC is due for renewal.
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.
[Exemption number CASA EX15/2005]