Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — firefighting vehicle colour
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Regulation 139.711 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that a person must not provide an aerodrome rescue firefighting service at an aerodrome unless the person is approved by CASA. Airservices Australia (AA) holds a certificate of approval issued by CASA to provide Aerodrome Rescue and Fire Fighting Services (ARFFS) at various aerodromes.
Subregulation 139.795 (6) of CASR 1998 provides that vehicles used in ARFFS at an aerodrome must be of a colour permitted by the applicable standards and requirements. Paragraph 4.1.1.7 of the Manual of Standards Part 139H requires that firefighting vehicles be painted signal red in accordance with Australian Standard 2700, colour R13.
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation.
The instrument exempts AA from the requirement that all firefighting vehicles are painted “signal red”. The exemption will allow the introduction of new vehicles painted in a colour that has been proven to be highly visible in all operating conditions experienced by the ARFFS. CASA and service providers will, as soon as possible, commence work on changes to existing regulations.
There is no Australian Standard applicable for emergency vehicle colours. The specifications detailed in the instrument have been derived from the FAA Advisory Circular AC150/5210-5B. A minor modification to the DE value from .5 to 2.0 has been adopted following advice from DuPont Australia, who have advised that the modification will allow for a more consistent production of the specified colour.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (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. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken because it is of a minor and machinery nature.
The instrument comes into effect on the day after it is registered. It stops having effect at the end of 30 June 2009.
The exemption has been made by the Acting Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX33/07]