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 engine cruising speed, or 400 nautical miles, whichever is less.
The instrument exempts the Embraer ERJ-170/190 aircraft, operated by Capiteq Limited, trading as Airnorth, 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 EX26/07]