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]
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legal framework for civil aviation safety, security, and efficiency within Australia. This Act was introduced to address the need for comprehensive regulation of civil aviation, ensuring the safety and security of air travel. One of its key provisions is the authority for the Governor-General to make regulations under Section 98, which was exercised to create the Civil Aviation Regulations 1988. These regulations include a mechanism for the Civil Aviation Safety Authority (CASA) to exempt certain aircraft or persons from specific regulatory requirements, provided such exemptions are in the interests of safety. For instance, subregulation 308(1) of the Civil Aviation Regulations 1988 allows CASA to exempt aircraft from certain compliance provisions, subject to necessary safety conditions. This regulatory flexibility ensures that aviation safety standards are upheld while accommodating operational needs.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, through subregulation 308(1), empower the Civil Aviation Safety Authority (CASA) to grant exemptions to specific aircraft or persons associated with the operation of an aircraft from certain regulatory requirements under the Civil Aviation Regulations 1988. This authority extends to imposing conditions deemed necessary for the interests of safety. For instance, subregulation 207(2) of the Civil Aviation Regulations 1988 mandates that Australian aircraft must be equipped with CASA-approved equipment, including emergency equipment, for specific operations. However, an exemption under subregulation 308(3) allows certain helicopters to operate without a public address system, provided that alternative procedures, such as using an In Flight Entertainment system or the aircraft intercom, are established and adhered to. This exemption applies to helicopters that do not require a cabin attendant and have a passenger seating capacity of ten or more, aligning with similar regulations in the UK and the USA for specific helicopter models. The exemption, issued by a CASA delegate under regulation 7 of the Civil Aviation Regulations 1988, became effective upon gazettal and will cease to have effect at the end of June 2007.
Key Provisions
Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to establish regulations, and under subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) can exempt an aircraft or individuals associated with aircraft operations from certain provisions of CAR 1988. Such exemptions are subject to the conditions that CASA deems necessary to ensure safety. This exemption, which is subject to disallowance as per section 46A of the Acts Interpretation Act 1901, specifically pertains to the requirement under subregulation 207(2) of CAR 1988 that an Australian aircraft must be equipped with or carry equipment approved and directed by CASA when used in a specific class of operations. The exemption granted concerns the absence of a cabin attendant on board, particularly in aircraft with a passenger seating capacity of 10 or more seats, where an approved and serviceable electronic public address system is typically required.
The obligations imposed by this exemption mandate that the named operator establish and use specific normal and emergency procedures in lieu of a public address system. These procedures include the use of an In Flight Entertainment system to communicate with passengers or, if this system is inoperative, the use of the aircraft intercom to alert a designated passenger to relay messages to others. The exemption outlines a maximum period during which the entertainment system may remain inoperative and includes other conditions, such as the requirement for passengers to wear seat belts at all times while the aircraft is in flight. These conditions are designed to maintain safety standards equivalent to those in the United Kingdom and the United States for the specific models of helicopters involved.
For breaches of the conditions set forth in the exemption, there are potential consequences. While the specific penalties are not detailed in the provided text, the general framework of the Civil Aviation Act 1988 and related regulations includes provisions for both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could result in imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined based on the specific breach and the applicable sections of the Civil Aviation Act 1988 and related regulations. The exemption is effective from the date of its gazette and ceases to have effect at the end of June 2007. This exemption was issued by a delegate of CASA, appointed under regulation 7 of CAR 1988, under the reference number CASA EX27/2004.