CASA EX21/2003 - Exemption from the requirements of paragraphs 83(1)(c) and (e), paragraph 83(2)(b) and subregulation 83(3) - Use of aircraft radiocommunication system in fire fighting operations

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were amended to provide an exemption from certain requirements for the use of aircraft radiocommunication systems in firefighting operations. This was introduced to address the problem of the NSW Rural Fire Service (NSW RFS) personnel needing to use aviation radiocommunication systems during bushfire fighting activities, but not typically holding the required licences or certificates. Enacted by the Civil Aviation Safety Authority (CASA), this exemption is designed to ensure safety while allowing necessary communications during critical firefighting operations. The policy objective is to facilitate efficient communication between aircraft and ground personnel in emergency situations without imposing unnecessary regulatory burdens. This exemption is specifically tailored for the use of allocated aviation bandwidth VHF AM frequencies for tactical communications and is in effect until the end of 31 August 2006.

Scope and Application

The Civil Aviation Regulations 1988 Exemption applies to the pilot in command of an Australian aircraft and members or staff of the NSW Rural Fire Service. It exempts them from specific requirements concerning the operation of aircraft radiocommunication systems during firefighting operations. This exemption allows the pilot in command of an Australian aircraft, equipped with a radiocommunication system approved under subregulation 82(1) of the Civil Aviation Regulations 1988, to operate the system during flight time and while on the ground without requiring the operator to hold a flight radiotelephone operator licence or a student pilot licence, as stipulated in paragraphs 83(1)(c) and (e). Similarly, it exempts members and staff of the NSW Rural Fire Service from the requirement to hold a prescribed certificate or licence when operating a radiocommunication system not installed in, or carried on, an aircraft, or installed in an aircraft that is on the ground, as outlined in paragraph 83(2)(b) and subregulation 83(3). This exemption is specifically for the use of aviation bandwidth VHF AM frequencies allocated to the NSW Rural Fire Service by Airservices Australia and the Spectrum Management Authority for tactical aircraft-to-aircraft and air-to-ground communications during bushfire fighting activities. The exemption is applicable nationally within Australia and took effect upon gazettal, expiring on 31 August 2006.

Key Provisions

The key provisions of this exemption, outlined in the Civil Aviation Regulations 1988 (CAR 1988), pertain to the use of aircraft radiocommunication systems in firefighting operations (regulation 308(3)). Specifically, the exemption, as provided under paragraphs 83(1)(c) and (e) and paragraph 83(2)(b) of CAR 1988, allows for the operation of radiocommunication systems by persons who do not hold the requisite licences or certificates. This exemption applies to pilots in command of Australian aircraft equipped with approved radiocommunication systems and members and staff of the NSW Rural Fire Service (NSW RFS) involved in bush fire fighting activities. These individuals, though trained in the use of such systems, typically do not hold the prescribed licences or certificates. The exemption also extends to the use of radiocommunication systems not installed in or carried on aircraft, as specified in subregulation 83(3) of CAR 1988. This regulatory flexibility is confined to the use of aviation bandwidth VHF AM frequencies allocated to the NSW RFS by Airservices Australia and the Spectrum Management Authority, specifically for tactical aircraft-to-aircraft and air-to-ground communications. This exemption imposes several obligations on the parties it governs. Primarily, it requires that the use of the exempted radiocommunication systems be limited to the specific purposes outlined, namely for tactical aircraft-to-aircraft and air-to-ground communications during bushfire fighting operations. Additionally, the exemption is strictly bound by the allocated aviation bandwidth VHF AM frequencies and must not be used outside these parameters. The exemption also necessitates that the safety conditions specified by the Civil Aviation Safety Authority (CASA) are met and adhered to, as CASA retains the authority to impose conditions necessary for safety under subregulation 308(3) of CAR 1988. This includes ensuring that the operations do not compromise the safety of the aircraft or the personnel involved. Breaches of the terms and conditions of this exemption could result in both civil and criminal consequences. The Act, specifically section 98 of the Civil Aviation Act 1988, empowers CASA to enforce the regulations, and non-compliance could lead to penalties. Although the specific penalties are not detailed in the explanatory statement, general aviation regulations often include fines and potential disqualification from operating aircraft or using radiocommunication systems. In more severe cases, criminal charges may be pursued, especially if the breach leads to safety incidents or violations of other critical aviation regulations. The precise penalties would depend on the nature and severity of the breach, as outlined in the broader regulatory framework of the Civil Aviation Act 1988 and associated regulations.