CASA EX31/07 - Exemption - public address system

Overview

The Civil Aviation Regulations 1988, enacted to regulate the safe operation of aircraft in Australia, address various aspects of aviation safety, including the equipment requirements for aircraft. Under Section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to establish regulations, empowering the Civil Aviation Safety Authority (CASA) to issue exemptions from certain provisions of the Civil Aviation Regulations 1988, provided such exemptions do not compromise safety. Specifically, subregulation 308(1) of the Civil Aviation Regulations 1988 allows CASA to exempt aircraft or associated persons from specified regulations, subject to conditions deemed necessary for safety. This legislative framework aims to ensure that aviation safety is maintained while allowing flexibility for operators in certain circumstances.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide a framework for ensuring the safety and efficiency of civil aviation in Australia, and the specified exemption pertains to Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia). This exemption, granted under subregulation 308(1) of CAR 1988, allows the company to operate certain helicopters without the requirement of a public address system, provided specific conditions are met. This exemption applies to helicopters that are not required to carry a cabin attendant and have a passenger seating capacity of ten seats or more. The exemption is intended to ensure that safety and operational standards are maintained, even without the public address system, by establishing and following appropriate normal and emergency procedures. These procedures include the use of an In Flight Entertainment system or the aircraft intercom to communicate with passengers, and stipulate the maximum period of time the entertainment system may be inoperative, among other conditions. The exemption is subject to the Legislative Instruments Act 2003 and is a disallowable instrument, meaning it is subject to tabling and disallowance in the Parliament. As this exemption is a renewal of a previous instrument issued to the same operator, consultation under section 17 of the Legislative Instruments Act has not been undertaken. The exemption is effective from the day after it is registered and ceases to have effect at the end of June 2010.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide a framework for the regulation of civil aviation in Australia, and include a provision (subregulation 308(1)) that empowers the Civil Aviation Safety Authority (CASA) to exempt an aircraft or persons associated with the operation of an aircraft from compliance with specified provisions of CAR 1988. This is further detailed in subregulation 308(3) which allows such exemptions to be issued subject to conditions CASA considers necessary in the interests of safety. Subregulation 207(2) mandates that a person must not use an Australian aircraft in a class of operation unless it is fitted with, or carrying, equipment that CASA has approved and directed, while subregulation 207(3) requires that approved equipment be used in accordance with CASA directions. Additionally, paragraph 4.3 of Civil Aviation Order 20.16.3 (CAO 20.16.3) specifies that certain aircraft must be equipped with an approved and serviceable electronic public address system to notify passengers when seat belts or safety harnesses are to be worn. In this context, Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), has been granted an exemption from compliance with subregulations 207(2) and (3) of CAR 1988 in respect of paragraph 4.3 of CAO 20.16.3. This exemption allows the relevant helicopters to operate without a public address system, provided that appropriate normal and emergency procedures are established and followed. Such procedures include the use of an In Flight Entertainment system to address passengers or, if that system is inoperative, the use of the aircraft intercom to alert a passenger in the front of the aircraft to pass on messages to other passengers. The exemption also includes stipulations regarding the maximum period of time for which the entertainment system may remain inoperative and other conditions, such as the requirement for passengers to wear seat belts at all times while the aircraft is in flight. The obligations imposed on the parties governed by this Act include adherence to the specified conditions of the exemption. This means that Lloyd Helicopters Pty Ltd must ensure that their normal and emergency procedures are effectively implemented and that these procedures are sufficient to maintain the safety of passengers during flight. This involves, among other things, ensuring that the In Flight Entertainment system is fully operational or that the intercom system is effectively used if the former is inoperative. Additionally, Lloyd Helicopters Pty Ltd must ensure that all passengers are aware of and comply with safety instructions, such as the requirement to wear seat belts at all times during flight. Failure to comply with the conditions of the exemption or the provisions of CAR 1988 may result in civil or criminal consequences. Although the specific penalties for breach are not detailed in the provided text, it is clear that the exemption is a disallowable instrument under the Legislative Instruments Act 2003 (LIA), and as such, it is subject to tabling and disallowance in the Parliament. This indicates that any breach of the exemption conditions could potentially lead to legislative scrutiny and appropriate legal action. The instrument itself is also a legislative instrument for the purposes of the LIA, as declared in subregulation 308(4) of CAR 1988, reinforcing the importance of compliance with its conditions.