EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION UNDER SUBREGULATION 235 (11) RELATING TO LOADING OF FUEL ON CERTAIN AIRCRAFT USED BY THE ROYAL FLYING DOCTOR SERVICE
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 subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt an aircraft from any of the requirements imposed by regulation 235. Subregulation 235 (7) of CAR 1988 provides that CASA may, for the purposes of ensuring the safety of air navigation, give directions with respect to the method of loading persons and goods (including fuel) on aircraft.
Subsection 4 of section 20.9 of the Civil Aviation Orders (CAOs) is made under subregulation 235 (7) and sets out CASA’s directions in relation to the loading of fuel on aircraft. Paragraph 4.2 of subsection 4 sets out requirements, regarding the loading of fuel on aircraft with less than 20 passenger seats while passengers are on board the aircraft, which are inappropriate for certain aircraft operated by the Royal Flying Doctor Service of Australia (Central Operations) Incorporated (Aviation Reference Number 038517) (RFDS). To comply with the requirements, critically ill patients on board an aircraft would have to be taken off the aircraft before it could be refuelled. CASA does not consider that such action is necessary to ensure the safety of air navigation.
CASA has therefore issued an exemption from paragraph 4.2 for the fuelling of certain RFDS aircraft while passengers are on board, subject to conditions. For example, the operator must ensure that when fuel is being loaded no passenger is on board unless the requirements set out in Schedule 2 are met. The requirements include the information to be given prior to fuelling to passengers who are capable of understanding, the location of the aircraft’s operating crew and medical staff while fuel is being loaded and connection of the aircraft and fuelling equipment to an earth point while fuel is being loaded.
Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (CAO) and then issues an exemption that has the effect of repealing, amending or affecting the operation of anything in the CAO, the exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
The exemption has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988.
The exemption took effect on gazettal and stops having effect at the end of July 2006.
[Instrument number CASA EX16/2003]
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation by providing a legislative framework for the regulation of civil aviation in Australia. The Act allows the Governor-General to make regulations in the interests of safety, with the Civil Aviation Authority of Australia (CASA) having the authority to issue directions to ensure compliance. Specifically, the Act addresses a gap by enabling CASA to exempt certain aircraft from specific regulatory requirements if it deems such actions necessary for the safety of air navigation. The Civil Aviation Regulations 1988 (CAR 1988) further outline the specific regulatory requirements, with subregulation 235(11) allowing CASA to exempt aircraft from these requirements. This legislative structure was designed to balance operational needs with stringent safety standards, ensuring that aviation activities in Australia remain safe and efficient. The policy objective of the Act is to maintain high safety standards while allowing flexibility in operational practices where deemed safe by CASA.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation in Australia, empowering the Governor-General to make regulations that serve the interests of air navigation safety. The Act is applicable to all persons, entities, and aircraft operating within Australia, ensuring a cohesive approach to safety across the Commonwealth. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue exemptions from certain regulations, as stipulated in subregulation 235(11) of the Civil Aviation Regulations 1988 (CAR 1988). Specifically, CASA has the power to exempt certain aircraft from requirements imposed by regulation 235, including those related to the loading of fuel on aircraft. This exemption mechanism is intended to accommodate unique operational circumstances while maintaining the overarching goal of ensuring air navigation safety. An exemption has been issued for certain aircraft operated by the Royal Flying Doctor Service of Australia (Central Operations) Incorporated, allowing these aircraft to refuel while passengers are on board, provided specific safety conditions are met. This exemption, which took effect upon gazettal and ceased at the end of July 2006, is a disallowable instrument under the Acts Interpretation Act 1901, meaning it can be annulled by resolution of either House of the Parliament.
Key Provisions
The Civil Aviation Act 1988, through subsection 98(1), empowers the Governor-General to make regulations for the purposes of the Act, ensuring the safety of air navigation. Subregulation 235(11) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft from specific regulatory requirements. This provision is particularly pertinent for the loading of fuel, as detailed in subregulation 235(7), which mandates CASA to provide directions to ensure the safety of air navigation. These directions are further elaborated in subsection 4 of section 20.9 of the Civil Aviation Orders (CAOs), which outline the specific requirements for loading fuel on aircraft.
The Act imposes obligations on the parties involved, particularly the operators of certain aircraft. For instance, the Royal Flying Doctor Service of Australia (Central Operations) Incorporated (RFDS) must adhere to the conditions set out in the exemption issued by CASA. These conditions include ensuring that when fuel is being loaded, no passenger is on board unless certain safety requirements are met. Such requirements may include providing information to passengers who can understand it, ensuring the location of operating crew and medical staff is known, and connecting the aircraft and fuelling equipment to an earth point while fuel is being loaded.
Breaches of the regulations or failure to comply with the conditions of the exemption can lead to civil and criminal consequences. The maximum penalties for non-compliance with civil aviation regulations can be significant, and are determined by the severity of the offence. CASA has the authority to take enforcement actions against entities or individuals who fail to comply with the regulations or the conditions of the exemption. The consequences of such breaches can include fines, legal action, and potential revocation of operating permits or licenses, thereby impacting the operational capabilities of the offending party.