Explanatory Statement
Civil Aviation Regulations 1988
Exemption — Carriage of life rafts
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and 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 (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 308 (3) provides that before issuing an exemption, CASA must take into account any relevant considerations relating to the interests of safety.
Subregulation 252 (1) of CAR 1988 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.
Directions under subregulation 252 (1) of CAR 1988 have been issued in Civil Aviation Order 20.11. Paragraph 5.2.1 of the Order 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 the Order). That distance is more restrictive than the maximum comparable distance set by the International Civil Aviation Organization (ICAO Annexe 6, Part I, paragraph 6.5.3.1) as the international standard for a permitted distance for aeroplanes able to continue safe flight to an aerodrome in the event of a power unit becoming inoperative at any point along the route, namely 120 minutes at normal cruising speed, or 400 nautical miles, whichever is less.
The instrument exempts Boeing 737 aircraft, operated by OzJet Airlines Pty Ltd, 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 120 minutes at normal cruising speed, or 400 nautical miles, whichever is less, from land suitable for emergency landing. This condition is somewhat more flexible than the requirement in paragraph 5.2.1 of the Order, but still within the international standard.
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 is similar to an exemption previously issued to another operator for specific activities during a specific period.
The instrument commences on the day after it is registered and stops having effect at the end of June 2008.
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.
[Instrument number CASA EX19/06]
Overview
The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations concerning civil aviation and to ensure the safety of air navigation. This particular legislative instrument, F2006L01561, was introduced to address the gap concerning the carriage of life rafts on certain aircraft operated by OzJet Airlines Pty Ltd. The problem it seeks to resolve is ensuring that while certain aircraft may be exempt from carrying life rafts, they still operate within safety parameters that align with international standards. The instrument was issued by the Civil Aviation Safety Authority (CASA) under the authority delegated by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. The policy objective here is to maintain safety standards while providing flexibility to operators, ensuring that any exemptions do not compromise the safety of passengers and crew during flights over water.
Scope and Application
The Civil Aviation Regulations 1988, through the exemption issued under subregulation 308(1), applies specifically to aircraft operated by OzJet Airlines Pty Ltd, permitting them to deviate from the general requirement of carrying life rafts. This exemption is contingent upon the aircraft operating within a distance of 120 minutes at normal cruising speed, or 400 nautical miles, from land suitable for emergency landing. The exemption is tailored to Boeing 737 aircraft under the jurisdiction of the Commonwealth of Australia, administered by the Civil Aviation Safety Authority (CASA). The exemption is subject to the legislative oversight stipulated under the Legislative Instruments Act 2003, and while it is a disallowable instrument, consultation under the Legislative Instruments Act was not undertaken for this specific exemption. The exemption is effective from the day it is registered and will cease to have effect at the end of June 2008. CASA, in its capacity as the regulatory authority, issued the exemption under the authority delegated by subregulation 7(1) of the Civil Aviation Regulations 1988.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include specific provisions regarding the exemption of aircraft from carrying life rafts. Under subregulation 308(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) has the authority to exempt aircraft or persons involved in the operation of an aircraft from certain regulatory requirements. However, any such exemption is subject to the condition that the exempted party complies with any safety-related conditions specified by CASA (subregulation 308(2)). Furthermore, CASA must consider all relevant safety factors before issuing an exemption (subregulation 308(3)). In this instance, Boeing 737 aircraft operated by OzJet Airlines Pty Ltd have been exempted from carrying life rafts, but with the condition that these aircraft only operate within 120 minutes at normal cruising speed, or 400 nautical miles, whichever is less, from land suitable for emergency landing (paragraph 5.2.1.1 of Civil Aviation Order 20.11).
The obligations imposed by this exemption are clear and specific. OzJet Airlines must ensure that their Boeing 737 aircraft adhere to the condition of operating within the specified distance from land suitable for emergency landing. This is intended to maintain safety standards even in the absence of life rafts on the aircraft. The exemption also stipulates that the aircraft must not deviate from this operational constraint, thereby ensuring that safety remains a priority.
Failure to comply with the conditions of the exemption could have serious consequences. Under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA), the exemption is classified as a disallowable instrument, meaning it can be reviewed and potentially disallowed by Parliament. In terms of penalties, while the specific regulatory text does not detail explicit penalties for non-compliance with the exemption conditions, any breach of aviation safety regulations can result in significant legal and operational repercussions for the airline. This could include financial penalties, operational restrictions, or even criminal charges depending on the severity and impact of the breach. The exemption is also subject to tabling and disallowance in Parliament, further emphasising the importance of strict compliance with the conditions set forth.