EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION UNDER SUBREGULATION 235 (11) RELATING TO LOADING OF FUEL ON CERTAIN AIRCRAFT USED BY THE ROYAL FLYING DOCTOR SERVICE
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Under subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt an aircraft from any of the requirements imposed by regulation 235. Subregulation 235 (7) of CAR 1988 provides that CASA may, for the purposes of ensuring the safety of air navigation, give directions with respect to the method of loading persons and goods (including fuel) on aircraft.
Subsection 4 of section 20.9 of the Civil Aviation Orders (CAOs) is made under subregulation 235 (7) and sets out CASA’s directions in relation to the loading of fuel on aircraft. Paragraph 4.2.3 of subsection 4 sets out requirements, regarding the loading of fuel on aircraft with less than 20 passenger seats while passengers are on board the aircraft. These requirements are inappropriate for certain aircraft operated by the Royal Flying Doctor Service of Australia (South Eastern Section) (ARN 200045) (RFDS) because to comply with the requirements, critically ill patients on board an aircraft would have to be taken off the aircraft before it could be refuelled. CASA does not consider that such action is necessary to ensure the safety of air navigation.
CASA has therefore issued an exemption from paragraph 4.2.3 for the fuelling of certain RFDS aircraft while passengers are on board, subject to conditions. For example, the operator must ensure that when fuel is being loaded no passenger is on board unless the requirements set out in Schedule 2 are met. The requirements include the information to be given prior to fuelling to passengers who are capable of understanding, the location of the aircraft’s operating crew and medical staff while fuel is being loaded and connection of the aircraft and fuelling equipment to an earth point while fuel is being loaded.
The exemption replaces an earlier exemption, in order to include an additional aircraft to be covered by the terms of the instrument.
Under regulation 5A of CAR 1988, if CASA has issued a CAO and then issues an exemption that has the effect of repealing, amending or affecting the operation of anything in the CAO, the exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
The exemption has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988.
The exemption comes into effect on gazettal and stops having effect at the end of June 2006.
[Instrument number CASA EX31/2004]
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the framework for ensuring the safety and efficiency of civil aviation within Australia. The Act empowers the Governor-General to make regulations to achieve these objectives, with the overarching aim of protecting the public and maintaining the integrity of air navigation. The Civil Aviation Regulations 1988, under this Act, detail specific requirements for aircraft operations, including the loading of fuel. However, the Civil Aviation Regulations 1988 also allow the Civil Aviation Safety Authority (CASA) to issue exemptions to certain regulations where necessary, balancing operational needs with safety considerations. The exemption under subregulation 235(11) specifically addresses the impracticality of certain fuel loading requirements for aircraft operated by the Royal Flying Doctor Service of Australia, ensuring that critically ill patients can remain on board during refuelling operations, provided strict safety conditions are met.
Scope and Application
The Civil Aviation Act 1988 applies to all aspects of civil aviation in Australia, including the regulation of aircraft operations, licensing of pilots and aircraft, and the safety standards for air navigation. The Civil Aviation Regulations 1988, made under the authority of the Act, provide detailed rules and requirements for the safe operation of aircraft, including the loading of fuel. These regulations are administered by the Civil Aviation Safety Authority (CASA). In this context, an exemption has been issued under subregulation 235(11) of the Civil Aviation Regulations 1988, allowing certain aircraft used by the Royal Flying Doctor Service of Australia (South Eastern Section) to deviate from specific fuel loading requirements. This exemption applies to aircraft operated by the RFDS that have less than 20 passenger seats and are used to transport critically ill patients, where adhering to the standard fuel loading procedures would necessitate removing patients from the aircraft, thereby compromising patient care. The exemption is subject to specific conditions designed to maintain the safety of air navigation while accommodating the unique operational needs of the RFDS. This exemption is a disallowable instrument, meaning it can be overturned by Parliament, and it comes into effect upon gazettal and ceases to have effect at the end of June 2006.
Key Provisions
The primary provisions of this legislation involve an exemption issued under subregulation 235(11) of the Civil Aviation Regulations 1988 (CAR 1988). This exemption pertains to the loading of fuel on specific aircraft used by the Royal Flying Doctor Service of Australia (South Eastern Section) (RFDS) while passengers are on board, which is subject to certain conditions. According to subsection 98(1) of the Civil Aviation Act 1988 (the Act), the Governor-General has the authority to make regulations for the Act and for the safety of air navigation. Under subregulation 235(11) of the CAR 1988, the Civil Aviation Safety Authority (CASA) has the authority to exempt an aircraft from any of the requirements imposed by regulation 235. The exemption is made under the authority provided by subsection 20.9(4) of the Civil Aviation Orders (CAOs), which sets out CASA's directions for the loading of fuel on aircraft.
The obligations imposed by this Act primarily concern the conditions under which fuel can be loaded onto certain RFDS aircraft while passengers are on board. These conditions are outlined in Schedule 2 and include ensuring that no passenger is on board unless specific requirements are met. These requirements include providing information to passengers who are capable of understanding before fuelling, ensuring the location of the aircraft's operating crew and medical staff while fuel is being loaded, and connecting the aircraft and fuelling equipment to an earth point while fuel is being loaded. The exemption applies to aircraft operated by the RFDS, which is critical in ensuring that the safety of air navigation is maintained without necessitating the removal of critically ill patients from the aircraft.
Breaching the conditions set out in the exemption could lead to various consequences. Firstly, the exemption is a disallowable instrument under regulation 5A of CAR 1988. If CASA issues an exemption that has the effect of repealing, amending, or affecting the operation of anything in a CAO, the exemption can be disallowed under section 46A of the Acts Interpretation Act 1901. The maximum penalties for breaches of the Civil Aviation Act 1988 can include fines and imprisonment, depending on the severity of the breach and whether it is a civil or criminal offence. The specific penalties would be determined based on the nature of the breach and the relevant provisions of the Act. The exemption itself comes into effect upon gazettal and ceases to have effect at the end of June 2006.