CASA EX21/09 - Amendment of instrument CASA EX15/09

Overview

The Civil Aviation Regulations 1988 Amendment of Instrument CASA EX15/09 was enacted to address an ongoing issue with the availability of approved emergency locator transmitters (ELT) for aircraft, as reported by the Civil Aviation Safety Authority (CASA). The objective of this amendment is to ensure the safety of aviation while temporarily exempting pilots from the requirement to carry an approved ELT, provided certain safety conditions are met. CASA has decided to exempt all pilots in command from the need to have an approved ELT for a limited period, with the condition that a comprehensive flight plan or flight note must be lodged with Air Traffic Services, and a SARTIME must be nominated for each visual flight rules (VFR) flight. The exemption is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, but consultation under the Act was not undertaken as it only serves to clarify a condition of a previous instrument. The amendment commences on the day after it is registered and ceases to have effect at the end of June 2009.

Scope and Application

The Civil Aviation Regulations 1988 Amendment Instrument CASA EX21/09 pertains to the temporary exemption of certain provisions of the Civil Aviation Regulations 1988 in response to reported difficulties with the availability of emergency locator transmitters (ELTs). This amendment applies to pilots in command of Australian aircraft, excluding those that are already exempted aircraft, and seeks to balance the requirement for air safety with the operational realities faced by pilots. The exemption is contingent upon pilots lodging a comprehensive flight plan or flight note with Air Traffic Services and nominating a SARTIME for each visual flight rules flight, ensuring that safety is not compromised during the exemption period. Geographically, the application of this instrument is nationwide within Australia, aligning with the overarching regulatory framework established by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. The exemption is subject to disallowance under the Legislative Instruments Act 2003, reflecting its legislative nature, and the instrument itself will cease to have effect at the end of June 2009.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide extensive regulations governing the safety and operation of aircraft within Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for the safety of air navigation. Subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with aircraft from certain provisions of CAR 1988, provided it is in the interests of safety. Subregulation 308(2) mandates that CASA consider all relevant safety considerations before granting such exemptions, while subregulation 308(3) permits CASA to impose conditions on these exemptions to ensure continued safety. Subregulation 252A(1) specifically requires pilots in command of non-exempt Australian aircraft to ensure their aircraft is equipped with a working emergency locator transmitter (ELT) before beginning a flight. The recent amendment to CASA EX15/09 seeks to address an ongoing issue with the availability of 406 MHz emergency beacons. CASA has decided to temporarily exempt pilots in command from the requirement to carry an approved ELT, a decision made under the authority granted by subregulation 308(1). To mitigate the safety risks associated with this exemption, pilots must submit a comprehensive flight plan or flight note to Air Traffic Services and nominate a Search and Rescue Time (SARTIME) for each visual flight rules (VFR) flight. This ensures that there are clear procedures in place for search and rescue operations should an emergency arise. The exemption made by CASA is subject to the provisions of the Legislative Instruments Act 2003 (LIA). Subregulation 308(4) of CAR 1988 classifies this exemption as a disallowable instrument, which is defined under the LIA as a legislative instrument for the purposes of section 5 of the LIA. As such, the exemption is subject to tabling and potential disallowance in Parliament under sections 38 and 42 of the LIA. While consultation under section 17 of the LIA was not undertaken because this amendment clarifies an existing condition, the instrument remains effective from the day after its registration until the end of June 2009. In terms of enforcement and penalties, breaches of the Civil Aviation Regulations 1988 can result in severe consequences. Pilots failing to comply with the amended requirements could face civil penalties, including fines, or criminal charges, depending on the severity of the breach. The exact penalties are detailed in CAR 1988 and the Civil Aviation Act 1988, but the overarching principle is that non-compliance with safety regulations can lead to significant legal repercussions, reflecting the critical importance of aviation safety standards.