EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION UNDER SUBREGULATION 308 (1)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt an aircraft or persons associated with the operation of an aircraft from compliance with specified provisions of CAR 1988. Such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Under subregulation 308 (3) of CAR 1988, the exemption may be issued subject to such conditions as CASA considers necessary in the interests of safety.
Subregulation 207 (2) of CAR 1988 states that a person must not use an Australian aircraft in a class of operations unless it is fitted with, or carrying, equipment, including emergency equipment, that CASA has approved and directed.
Paragraph 4.3 of section 20.16.3 of the Civil Aviation Orders, which applies to Air Service Operations, states that when a cabin attendant is not required to be carried in an aircraft, and the passenger seating capacity is 10 seats or more, an approved and serviceable electronic public address system shall be provided to enable the pilot in command to notify passengers when a seat belt or safety harness is to be worn. The helicopters referred to in the exemption are not required to carry a cabin attendant.
The named operator is exempted from compliance with subregulation 207 (2) of CAR 1988 in respect of paragraph 4.3 of section 20.16.3. The exemption allows the relevant helicopters to be operated without a public address system if appropriate normal and emergency procedures are established and utilised. This exemption is consistent with equivalent rules in place in the U.K. and the U.S.A. in relation to the particular models of helicopters.
The conditions of the exemption set out the normal and emergency procedures that must be followed. These involve use of an In Flight Entertainment system to address passengers or, if that system is inoperative, use of the aircraft intercom to alert a passenger in the front of the aircraft to pass on messages to the other passengers. The conditions also stipulate the maximum period of time for which the entertainment system may remain inoperative and other conditions, such as the wearing of seat belts at all times while the aircraft is in flight.
The exemption comes into effect on gazettal and stops having effect at the end of June 2007.
The exemption has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988.
[EXEMPTION NUMBER: CASA EX27/2004]