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]
Overview
The Civil Aviation Regulations 1988, as amended by F2007L01764, provide for an exemption to the carriage of life rafts on Embraer ERJ-170/190 aircraft operated by Capiteq Limited, trading as Airnorth. This exemption was enacted to address a specific operational need while ensuring safety standards are maintained. The Civil Aviation Act 1988 empowers the Governor-General to create regulations concerning aviation safety, and under this authority, the Civil Aviation Safety Authority (CASA) can issue exemptions from compliance with certain regulations, provided safety is not compromised. The policy objective of this exemption is to balance operational flexibility with stringent safety measures, ensuring that aircraft remain within a safe distance from adequate aerodromes where necessary life-saving equipment such as life rafts may not be required. This approach adheres to both national and international safety standards, with the exemption allowing operations within the more flexible international standard while still maintaining a robust safety framework.
Scope and Application
The Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulatory requirements, subject to safety conditions. Specifically, the Embraer ERJ-170/190 aircraft operated by Capiteq Limited, trading as Airnorth, are exempt from the requirement to carry life rafts, provided the aircraft operates within 60 minutes at single engine cruising speed, or 400 nautical miles, whichever is less, from an adequate aerodrome. This exemption, which aligns with the international standard set by the International Civil Aviation Organization, is applicable to the specified aircraft and operator and is subject to the Legislative Instruments Act 2003, making it a disallowable instrument that must be tabled and may be subject to disallowance in Parliament. The exemption was made by a delegate of CASA and is effective until the end of 31 May 2009. Notably, consultation under the Legislative Instruments Act was not undertaken for this exemption as it closely mirrors a previous exemption issued to another operator for specific activities during a specific period.
Key Provisions
The primary operative sections of this legislation, found in the Civil Aviation Regulations 1988 (CAR 1988), allow the Civil Aviation Safety Authority (CASA) to issue exemptions from specific regulatory provisions for the operation of aircraft, subject to certain conditions being met (subregulation 308(1) and (2) of CAR 1988). For instance, the authority has the power to exempt the Embraer ERJ-170/190 aircraft operated by Capiteq Limited, trading as Airnorth, from the requirement to carry life rafts (paragraph 5.2.1 of Civil Aviation Order 20.11). This exemption is subject to the condition 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 (paragraph 5.2.1.1 of the Order).
The obligations imposed by the Act on the parties it governs include ensuring compliance with safety standards as specified by CASA. Specifically, the operator of the Embraer ERJ-170/190 aircraft must adhere to the condition that the aircraft must not be operated beyond 60 minutes at single engine cruising speed, or 400 nautical miles, whichever is less, from an adequate aerodrome. This is to ensure that the aircraft remains within a safe distance from land in the event of an emergency, thereby maintaining the safety of passengers and crew.
Failure to comply with the conditions of the exemption or any other requirements set out in the Civil Aviation Regulations 1988 can result in civil or criminal consequences. Under the Legislative Instruments Act 2003 (LIA), the exemption is classified as a disallowable instrument, meaning it can be subject to tabling and disallowance in the Parliament. Additionally, any breach of the conditions set out in the exemption could result in CASA taking enforcement action against the operator, which could include fines or other penalties as prescribed by law. It is important to note that the exemption is not subject to consultation under section 17 of the LIA, as it is similar to an exemption previously issued to another operator for specific activities during a specific period. The exemption will commence on the day after it is registered and will cease to have effect at the end of 31 May 2009.