CASA EX31/16 - Exemption — from life jacket standard (Rotor-Lift Aviation)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L00272 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — from life jacket standard (Rotor-Lift Aviation)

 

Purpose

The instrument of exemption allows Skyplan Australia Pty Ltd, trading as Rotor-Lift Aviation (the operator), pilots in command of the operator’s helicopters, and search and rescue persons directly involved in search and rescue operations conducted by the operator to use SOS-6343 personal flotation devices manufactured by Case Investments Pty Ltd, trading as SOS Marine (SOS-6343 PFDs), notwithstanding that these life jackets have not been approved for use by CASA. The SOS-6343 PFDs are life jackets that otherwise meet CASA’s safety standards, but have some advanced features that require specialist user training.

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the safety of air navigation.

 

Regulation 252 of the Civil Aviation Regulations 1988 (CAR 1988) empowers CASA to give directions, in relation to emergency systems and equipment to be provided on aircraft, that CASA considers are necessary to safeguard the aircraft and persons on board. It is an offence for a person to contravene a direction. Under subregulation 5 (1) of CAR 1988, where CASA may issue directions under CAR 1988, it may do so in the form of a Civil Aviation Order (CAO).

 

CAO 20.11 is made under regulation 252 of CAR 1988 and deals with emergency and lifesaving equipment and passenger control in emergencies. Among other things, paragraph 5.1.1 of CAO 20.11 requires aircraft to be equipped with 1 life jacket for each occupant when the aircraft is operating over water at a specified distance from land. Paragraph 5.1.6 requires that life jackets must: (a) comply with a standard approved by CASA; (b) be of an inflatable type; and (c) except for an infant life jacket — have a whistle fitted.

 

Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of a CAO in relation to matters affecting the safe navigation and operation of aircraft.

 

Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Background

SOS-6343 PFDs are life jackets that have a Helicopter Emergency Escape Device, equipment stowage, drinking water, rations and a more secure buckling system than normal life jackets. The escape device and harness buckle system is a complex system able to be operated by a trained user. The SOS-6343 PFDs, also referred to as SOS Marine PFD1 constant wear life jackets, are not approved for use by CASA (Airworthiness Bulletin 25-027 refers). The SOS‑6343 PFDs are, however, devices that would otherwise be of a type and quality that meets CASA emergency equipment standards.

 

The operator conducts police, emergency medical, and search and rescue operations (collectively defined as SAR operations). These operations involve flight crew, trained emergency personnel and other search and rescue personnel (collectively defined as SAR personnel). Due to the nature of these SAR operations, the SAR personnel are required to wear life jackets at all times.

 

The operator has proposed to use SOS-6343 PFDs which offer an equivalent or greater level of safety for the purposes of the SAR operations. Accordingly, the operator has requested that an exemption be issued from the requirement that life jackets installed on aircraft be of a standard approved by CASA (subparagraph 5.1.6 (a) of CAO 20.11).

 

Instrument

CASA EX31/16 applies to helicopters operated by the operator as well as pilots in command of the helicopters and SAR personnel. The instrument exempts helicopters and SAR personnel (which includes pilots in command) from compliance with subparagraph 5.1.6 (a) of CAO 20.11, but only in relation to the requirement that the SOS-6343 PFDs must comply with a CASA standard. The instrument also exempts the operator, and a pilot in command of the operator’s helicopters, from compliance with regulation 252 of CAR 1988 which, in effect, allows the operator and the pilot in command to use SOS-6343 PFDs in contravention of the direction in subparagraph  5.1.16 (a) of CAO 20.11.

 

A number of conditions are imposed on the operator in the interests of aviation safety. The operator must ensure that SOS-6343 PFDs are used only by SAR personnel during SAR operations. The operator must ensure SAR personnel have undertaken training specified in the conditions on a 12 monthly cycle. The operator must also ensure that all SOS-6343 PFDs have specified features and have passed annual servicing and testing. Records of the required training and the annual servicing and testing of SOS-6343 PFDs must be kept in accordance with emergency and role equipment record keeping procedures set out in the operator’s operations manual. Finally, the operator must ensure that the pilot in command and any SAR personnel equipped with SOS-6343 PFDs have reviewed the instrument and are aware of its conditions.

 

Legislative Instruments Act 2003 (the LIA)

Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. Under subparagraph 6 (d) (i) of 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. CAR 1988 was in force before the commencement of the LIA.

 

This instrument affects the operation of subparagraph 5.1.6 (a) of CAO 20.11 and is, therefore, a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

The operator has requested this instrument and has provided CASA with a satisfactory safety case. It is of beneficial effect to the operator’s SAR operations and CASA will consider issuing similar exemptions to other operators should there be a safety need. It is CASA’s view that no further consultation under section 17 of the LIA is necessary or appropriate.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Making and commencement

The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

The instrument commences on the day of registration and expires at the end of January 2019, as if it had been repealed by another instrument.

 

[Instrument number CASA EX31/16]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — from life jacket standard (Rotor-Lift Aviation)

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument allows Rotor-Lift Aviation (the operator), pilots in command of the operator’s helicopters, and persons directly involved in police, emergency medical and search and rescue operations conducted by the operator to use SOS-6343 personal flotation devices manufactured by Case Investments Pty Ltd, trading as SOS Marine (SOS-6343 PFDs), notwithstanding that these life jackets have not been approved for use by CASA. The SOS-6343 PFDs are life jackets that otherwise meet CASA’s safety standards, but have some advanced features that require specialist user training.

 

The instrument is subject to conditions imposed by CASA in the interests of aviation safety.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998, enacted by the Civil Aviation Safety Authority (CASA) under the authority granted by Section 98 of the Civil Aviation Act 1988, address the need for specific safety measures in aviation operations. The primary objective of this legislation is to ensure the safety of air navigation and the well-being of individuals on board aircraft. This is achieved through the regulation of emergency systems and equipment on aircraft, with an emphasis on life jackets. Specifically, under regulation 252 of the Civil Aviation Regulations 1988, CASA can issue directions concerning lifesaving equipment, which must comply with standards approved by CASA. Exemptions from these requirements may be granted under regulation 11.160 of the Civil Aviation Safety Regulations 1998, provided they do not compromise the safety of air navigation. The instrument CASA EX31/16 grants such an exemption to Rotor-Lift Aviation, allowing them to use specific personal flotation devices that meet CASA's safety standards but require specialist training. This exemption is subject to stringent conditions aimed at maintaining aviation safety, including mandatory training and annual servicing of the equipment. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament.

Scope and Application

The Civil Aviation Safety Regulations 1998 Exemption instrument, CASA EX31/16, applies specifically to helicopters operated by Skyplan Australia Pty Ltd, trading as Rotor-Lift Aviation, their pilots in command, and search and rescue personnel directly involved in operations conducted by the operator. This exemption allows these individuals and entities to use SOS-6343 personal flotation devices (PFDs) manufactured by SOS Marine, despite the PFDs not being approved by the Civil Aviation Safety Authority (CASA). The exemption is grounded in the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, which empower CASA to make exemptions from certain regulatory standards to ensure aviation safety. The exemption is subject to several conditions, including the requirement that PFDs are used only by trained search and rescue personnel, who must undertake specified training on a yearly basis, and that all PFDs must be maintained and serviced annually. The instrument is effective from the date of registration and will expire by the end of January 2019, aligning with CASA's regulatory framework and ensuring compliance with applicable safety standards.

Key Provisions

The key operative sections of CASA EX31/16 permit the use of SOS-6343 PFDs by Rotor-Lift Aviation, its pilots in command, and SAR personnel, despite the PFDs not being approved by CASA. This exemption is granted under section 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) for matters affecting the safe navigation and operation of aircraft. The exemption, however, is conditional and applies only when the SOS-6343 PFDs are used by SAR personnel during SAR operations, subject to certain conditions that must be met to ensure safety. These conditions include mandatory training for SAR personnel, annual servicing and testing of the PFDs, and record-keeping in accordance with the operator's operations manual. The obligations imposed by CASA EX31/16 on the operator include ensuring that only SAR personnel use the SOS-6343 PFDs during SAR operations, that they have completed the specified training on a 12-monthly cycle, that the PFDs have certain specified features, and that they undergo annual servicing and testing. The operator must also ensure that all PFDs are compliant with the conditions set out in the exemption. Additionally, the operator must maintain records of the required training and annual servicing and testing, as well as ensuring that the pilot in command and SAR personnel are aware of the conditions of the exemption. The Civil Aviation Safety Regulations 1998 (CASR 1998) impose significant penalties for breaches of its provisions. For example, under section 11.225 of CASR 1998, it is an offence to contravene a direction issued by CASA. The penalties for contravening a direction can include fines up to the maximum prescribed by the Civil Aviation Act 1988 (Act). Specifically, for corporations, the maximum penalty can be up to $210,000, while for individuals, the maximum penalty can be up to $42,000. Additionally, under section 11.230(1) of CASR 1998, an exemption ceases after the specified period, which cannot be longer than three years from its commencement. Failure to comply with the conditions of the exemption could result in enforcement actions, including potential fines or other penalties prescribed under the Act. Further, under subregulation 5(1) of the Civil Aviation Regulations 1988 (CAR 1988), it is an offence for a person to contravene a direction issued by CASA. The penalties for such contraventions can include fines of up to the maximum prescribed by the Act. The severity of the penalties may vary based on the nature and severity of the breach, with potential civil or criminal consequences for significant non-compliance. The exemption is also subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.