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]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation and provide a regulatory framework for civil aviation activities in Australia. The legislation sought to address the need for a cohesive set of rules governing aircraft operations, safety standards, and personnel licensing to maintain public safety and national security in the skies. Enacted by the Parliament of Australia, the policy objective of these regulations is to provide a comprehensive set of rules to ensure that civil aviation activities are conducted in a safe and efficient manner. The Civil Aviation Regulations 1988 establish the minimum safety standards for aircraft operations, pilot licensing, aircraft maintenance, and other related aspects of civil aviation. The Explanatory Statement for the exemption regarding the carriage of life rafts indicates that the exemption was introduced to address a specific issue concerning the operation of Embraer EMB 120 Brasilia aircraft by Regional Pacific Airlines Pty Ltd on flights over water between specified aerodromes in Northern Australia and Papua New Guinea. The exemption was issued under the authority granted by the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. In this instance, the exemption aims to ensure safety by imposing conditions on the operator, allowing the aircraft to operate within a more flexible but still internationally compliant distance from an adequate aerodrome. This exemption replaces and corrects a previous exemption issued in 2004, ensuring the safety standards remain consistent with international best practices.
Scope and Application
The Civil Aviation Regulations 1988 provide the framework for ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to issue exemptions under certain conditions. Specifically, the exemption instrument under discussion concerns the carriage of life rafts for Embraer EMB 120 Brasilia aircraft operated by Regional Pacific Airlines Pty Ltd on flights over water between specified aerodromes in Northern Australia and Papua New Guinea. The exemption is granted under Section 98 of the Civil Aviation Act 1988, allowing CASA to exempt aircraft or persons associated with their operation from specified provisions of the Civil Aviation Regulations 1988 if it is deemed safe to do so. However, this exemption is contingent upon the aircraft operating within 60 minutes at single engine cruising speed or 200 nautical miles from an adequate aerodrome, a condition intended to maintain safety standards. This exemption is more flexible than the general requirement of 30 minutes at normal cruising speed or 100 miles but still adheres to the international standard of 120 minutes at normal cruising speed or 400 nautical miles. The exemption, being a legislative instrument, is subject to tabling and disallowance in Parliament as per the Legislative Instruments Act 2003, although consultation under the Legislative Instruments Act was not undertaken for this particular exemption as it renews a similar exemption from a previous period. The exemption will remain in effect until the end of May 2008, coinciding with the renewal of the operator's Air Operator Certificate (AOC).
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 permit the Civil Aviation Safety Authority (CASA) to issue exemptions from compliance with specific provisions of the regulations (subregulation 308(1)). This particular exemption, found in the Explanatory Statement for Exemption – Carriage of Life Rafts, allows Embraer EMB 120 Brasilia aircraft operated by Regional Pacific Airlines Pty Ltd to be exempt from the requirement to carry life rafts on flights over water between specified aerodromes in Northern Australia and Papua New Guinea (PNG). This exemption is subject to certain conditions that must be adhered to in the interests of safety (subregulation 308(2)). The primary condition is that the aircraft must operate within 60 minutes at single engine cruising speed or 200 nautical miles, whichever is less, from an adequate aerodrome (section 20.11 of Civil Aviation Orders). This condition is designed to ensure that the aircraft remains within a safe distance from an adequate aerodrome in the event of a single engine failure, thus maintaining a high standard of safety.
The obligations imposed by this exemption on Regional Pacific Airlines Pty Ltd are specific and stringent. The airline must ensure that its Embraer EMB 120 Brasilia aircraft only operate within the stipulated distance from an adequate aerodrome, as determined by the single engine cruising speed or nautical miles. This limitation is more flexible than the general requirement set out in the regulations but remains within the international safety standard. The exemption also requires the airline to maintain compliance with all other relevant safety requirements and to ensure that any operations under this exemption do not compromise the safety of passengers or crew. Additionally, the exemption is a legislative instrument and is subject to disallowance by the Parliament under the Legislative Instruments Act 2003 (subparagraph 6(d)(i) of the LIA).
Failure to comply with the conditions of this exemption could result in serious safety breaches and potential legal consequences. The regulatory framework within which CASA operates is designed to ensure the highest standards of safety, and any non-compliance could lead to enforcement actions. Under the Civil Aviation Act 1988, CASA has the authority to take various actions, including imposing fines and other penalties. The severity of these penalties can vary depending on the nature and extent of the breach, but they are intended to enforce compliance and deter future non-compliance. The specific penalties are not detailed in the Explanatory Statement but are governed by the broader provisions of the Civil Aviation Act 1988 and associated regulations. The seriousness of air safety means that any breach could also have severe civil and criminal consequences, potentially including prosecution for individuals and legal action against the airline.