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]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were amended in 2007 to address the need for enhanced visibility of firefighting vehicles used in aerodrome rescue and firefighting services (ARFFS). The Civil Aviation Safety Regulations 1998 were enacted by the Governor-General under subsection 98(1) of the Civil Aviation Act 1988 to ensure the safety of air navigation. The Civil Aviation Safety Authority (CASA) issued the exemption to Airservices Australia (AA) from the requirement that all firefighting vehicles must be painted "signal red" as stipulated by the Manual of Standards Part 139H. This exemption was granted to facilitate the introduction of new vehicles painted in a colour that has been proven to be highly visible in all operating conditions, enhancing safety. CASA may impose conditions on exemptions if necessary for the safety of air navigation. The instrument was subject to the Legislative Instruments Act 2003, and no consultation was deemed necessary due to the minor and machinery nature of the exemption. The exemption took effect after registration and ceased at the end of June 2009.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) include an exemption concerning the colour of firefighting vehicles used in aerodrome rescue and firefighting services. The exemption applies specifically to Airservices Australia (AA), which is approved by the Civil Aviation Safety Authority (CASA) to provide these services at various aerodromes. The exemption allows AA to use firefighting vehicles that do not necessarily conform to the existing requirement of being painted signal red, provided that these vehicles meet the visibility standards outlined in the FAA Advisory Circular AC150/5210-5B, with a modification to the DE value from 0.5 to 2.0 for better colour consistency. This exemption is made under the authority granted by the Civil Aviation Act 1988 and is subject to conditions that ensure the preservation of an acceptable level of safety. The exemption is also subject to disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption is effective from the day it is registered until 30 June 2009, reflecting a temporary measure pending further regulatory changes.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) require that firefighting vehicles used at aerodromes must be painted in signal red, as specified by Australian Standard 2700, colour R13 (subregulation 139.795(6)). However, Regulation 139.711 states that only approved persons can provide aerodrome rescue firefighting services at an aerodrome (subregulation 11.160(1)). Airservices Australia (AA) holds a certificate of approval issued by the Civil Aviation Safety Authority (CASA) to provide these services. The exemption in question allows AA to use firefighting vehicles that are not painted signal red, but instead a colour that has been proven to be highly visible in all operating conditions (subregulation 11.205(1)). This change is aimed at improving the safety and effectiveness of the firefighting services at aerodromes.
The obligations imposed by the Act include that AA must ensure its firefighting vehicles meet the visibility requirements established by the exemption, and that CASA must consider safety as the paramount concern when deciding whether to grant such an exemption. CASA can impose conditions on the exemption if necessary to maintain an acceptable level of safety (subregulation 11.205(1)). The exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA) (subparagraph 6(d)(i) of the LIA). The instrument is exempt from consultation under section 17 of the LIA due to its minor and machinery nature.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breach of the exemption provisions. However, the overarching principle is that any breach that compromises safety could potentially lead to legal repercussions under the broader provisions of the Civil Aviation Act 1988 and the CASR 1998. The instrument comes into effect on the day after it is registered and ceases to have 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.