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 60 minutes at single cruising speed, or 400 nautical miles, whichever is less.
The instrument exempts the Embraer ERJ-170/190 aircraft, operated by Sky Air World Pty Limited, 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 400 nautical miles, whichever is less, from an adequate aerodrome. This condition is somewhat more flexible than the requirement in paragraph 5.2.1 of the Order, but still within the international standard.
Legislative Instruments Act
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
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. It stops having effect at the end of 31 May 2009.
The exemption has been made by the Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX22/07]
Overview
The Civil Aviation Regulations 1988, enacted to regulate the safety of air navigation in Australia, establish a framework under which the Civil Aviation Safety Authority (CASA) can issue exemptions from compliance with specified provisions of the regulations. This instrument, F2007L01318, provides an exemption for the Embraer ERJ-170/190 aircraft operated by Sky Air World Pty Limited from the requirement to carry life rafts when operating over water, subject to specific safety conditions. This exemption addresses the gap where certain aircraft operations over water may not need to comply with the stringent life raft carriage requirements if alternative safety measures are in place. The exemption was issued by a delegate of CASA, under the authority granted by the Civil Aviation Act 1988, and is subject to disallowance in the Parliament as it is considered a legislative instrument under the Legislative Instruments Act 2003. The exemption aims to ensure safety while allowing flexibility in operations, aligning with international safety standards set by the International Civil Aviation Organization.
Scope and Application
The Embraer ERJ-170/190 aircraft operated by Sky Air World Pty Limited is subject to a specific exemption from the carriage of life rafts as per the Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988. This exemption applies to the aircraft itself and the persons associated with its operation. The exemption is geographically focused on the operations conducted within Australia, aligning with the jurisdictional reach of the Commonwealth. However, it is subject to a condition that the aircraft must operate within 60 minutes at single engine cruising speed, or 400 nautical miles, whichever is less, from an adequate aerodrome to ensure safety. This condition is designed to adhere to international standards while providing a slightly more flexible operational range compared to the general requirement set out in Civil Aviation Order 20.11. The exemption is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament. Notably, consultation under the LIA was not undertaken for this exemption, as it closely mirrors a previous exemption issued to another operator. The exemption is effective from the day after its registration and will cease to have effect by the end of 31 May 2009.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) provide the framework for the issuance of exemptions and directions regarding safety requirements for aircraft operations, including the carriage of life-saving equipment such as life rafts. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the Act, including those related to the safety of air navigation. Subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons involved in the operation of aircraft from certain provisions of the CAR 1988. This exemption can be granted subject to conditions specified by CASA, as outlined in subregulation 308(2). Subregulation 308(3) further requires CASA to consider safety-related factors before issuing an exemption. Subregulation 252(1) of CAR 1988 specifically empowers CASA to issue directions about the necessary life-saving equipment to be carried on Australian aircraft. These directions are detailed in Civil Aviation Order 20.11, which includes requirements for aircraft flying over water beyond a certain distance from land, mandating the carriage of sufficient life rafts for all persons on board.
The obligations imposed by the Civil Aviation Regulations 1988 on parties governed by them include strict adherence to the safety standards and equipment requirements set forth by CASA. For aircraft exempted from carrying life rafts, such as the Embraer ERJ-170/190 operated by Sky Air World Pty Limited, the primary obligation is to ensure that the aircraft operates within a specified distance from an adequate aerodrome. Specifically, the exemption requires that the aircraft must only operate within 60 minutes at single engine cruising speed, or 400 nautical miles, whichever is less, from an adequate aerodrome. This condition is intended to maintain safety standards in line with international benchmarks, even though it is slightly more lenient than the requirements set by Civil Aviation Order 20.11.
The Civil Aviation Regulations 1988 also establish consequences for non-compliance with the provisions governing aircraft operations and safety equipment. Subregulation 308(4) of CAR 1988 declares an exemption to be a disallowable instrument, making it subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. This means that any exemption granted under these regulations can be reviewed and potentially disallowed by Parliament, underscoring the importance of adhering to the conditions set forth. Failure to comply with the conditions of an exemption, such as operating beyond the permitted distance from an adequate aerodrome, could result in severe civil or criminal penalties, depending on the severity and intent of the breach.