Explanatory Statement
Civil Aviation Regulations 1988
Exemption — requirements for emergency locator transmitters and portable distress beacons
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
CAR 1988 requirements for emergency locator transmitters (ELT)
Under subregulation 252A (1) of the Civil Aviation Regulations 1988, the pilot in command of relevant Australian aircraft may begin a flight only if the aircraft is fitted with a working approved ELT, or has an accessible working approved portable ELT.
ELT is defined as an emergency locator transmitter, an emergency position indicating beacon (EPIRB), or a personal locator beacon (PLB), that transmits on the frequency 121.5 MHz.
The relevant aircraft are those that are not exempted. Under subregulation 252A (7), exempted aircraft means high-capacity regular public transport aircraft, high-capacity charter aircraft, single seat aircraft, turbo-jet powered aircraft, balloons, airships or
gliders.
High capacity means permitted by the aircraft’s certificate of type approval to have a maximum seating capacity of more than 38 seats or to carry a maximum payload of more than 4 200 kilograms.
Under subregulation 252A (2), the requirement to have an ELT does not apply if the flight is to take place wholly within a radius of 50 miles from the first take-off aerodrome, the flight is an agricultural operation, CASA has given permission for the flight, the aircraft is new and the flight is for a purpose associated with its manufacture, preparation or delivery, the flight is for the purpose of moving the aircraft to a place to have an approved ELT fitted to the aircraft, or to have an approved ELT that is fitted, repaired or overhauled.
Under subregulation 252A (3), the requirement to have an ELT does not apply if, when the flight takes place, the fitted or carried ELT has been, for not more than 90 days, temporarily removed for inspection or repair and replaced by a warning placard, and the removal has been recorded in the appropriate log book.
Under subregulations 252A (4) and (5), to be an approved ELT, or an approved portable ELT, an ELT must meet certain standards.
Under subregulation 252A (6), an ELT is not taken to be an approved ELT, or an approved portable ELT, if it is fitted with a lithium-sulphur dioxide battery that does not meet the requirements of TSO C97.
CAO 20.11 requirements for ELTs
Civil Aviation Order 20.11 (CAO 2.11) deals, among other things, with emergency and life saving equipment, including for flights over water. Under paragraph 6.1, if life rafts are required to be carried on an aircraft, the aircraft must also carry 1 or more emergency locator transmitters operating on frequencies 121.5 MHz and 243 MHz. They must be approved emergency locator transmitters under regulation 252A of CAR 1988, and stowed so as to facilitate their ready use in an emergency.
Under paragraph 6.2 of CAO 20.11, single engine aircraft on flights over water, without communications equipment and not required to carry a life raft, must carry an emergency locator transmitter operating on frequencies 121.5 MHz and 243 MHz. It must be an approved emergency locator transmitter under regulation 252A of CAR 1988 and be stowed so as to facilitate its ready use in an emergency.
Exemption power
Under subregulation 308 (1) of CAR 1988, CASA may, in relation to a particular aircraft, or a specified type or category of aircraft, exempt the aircraft, or persons in, on or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988.
Under subregulation 308 (2) of CAR 1988, CASA must first take into account any relevant considerations relating to the interests of safety. Under subregulation 308 (3) of CAR 1988, CASA may make an exemption subject to conditions specified in the exemption as being necessary in the interests of safety.
Background — the Cospas-Sarsat satellite service
Cospas-Sarsat is an international service provider currently used in Australia to provide satellite-based ELT monitoring services. The ELT also emits a transmission on a frequency which can be detected, and homed in on, by overflying aircraft.
The Cospas-Sarsat system will cease processing the 121.5 MHz/243 MHz signals from ELTs on 1 February 2009. Thereafter, only 406 MHz ELTs will be identified by the Cospas-Sarsat system.
Cospas-Sarsat made the decision to cease satellite processing at 121.5 MHz in response to guidance from the International Civil Aviation Organization (ICAO) and the International Maritime Organization (IMO). These United Nations organisations mandate safety requirements for aircraft and maritime vessels and have recognised the limitations of the 121.5 MHz beacons and the superior capabilities of the 406 MHz alerting system where the position of the distress can be relayed to rescue services more quickly, more reliably and with greater accuracy if coupled with GPS position data.
While the 406 MHz transmission will be essential for satellite monitoring beyond 1 February 2009, a 121.5 MHz component of the transmission is still necessary to assist with the final homing of an activated beacon.
Implications of industry anticipation of ELT changes
CASA will prepare for the 1 February 2009 changeover by amending the Civil Aviation Regulations 1988, the Civil Aviation Safety Regulations 1998 and the Civil Aviation Orders as soon as practicable but with a commencement date of 1 February 2009. The intention is to facilitate industry consultation and raise awareness before the changeover.
It is believed that many operators and pilots of aircraft to which regulation 252A of CAR 1988 and subsection 6 of CAO 20.11 apply have already acquired and use the ELT equipment foreshadowed by the proposed changeover. Many, but not all, of these operators and pilots may be doing so correctly. For example, it is vital that a 406 MHz ELT is registered with the Australian Maritime Safety Authority (AMSA) to ensure the best search and rescue response when the ELT is activated. Also, along with the 406 MHz transmitting capacity, ELT equipment must also have simultaneous 121.5 MHz transmitting capacity — this component of the transmission is still necessary to assist with the final homing of an activated beacon.
Strictly speaking, use of ELT not in accordance with the standards and frequencies mentioned in regulation 252A of CAR 1988 is a breach of the requirements of regulation 252A and of subsection 6 of CAO 20.11. CASA wishes to assert appropriate and sensible control over this situation by issuing a general exemption from regulation 252A and subsection 6, effective immediately for those who meet its terms, but subject to a range of obligatory safety conditions designed to ensure that those anticipating the 1 February 2009 changeover do so safely. The conditions lend themselves to reasonable enforcement if they are ignored in a way that the progressively out-of-date regulation 252A does not.
Exemption
The exemptions operate as follows. The pilot in command of an aircraft to which regulation 252A of CAR 1988 applies is exempt from compliance with regulation 252A.
The pilot in command, and the operator, of an aircraft to which subsection 6 of CAO 20.11 applies are each exempt from compliance with subregulations 207 (2) and 252 (1) of CAR 1988, to the extent of subsection 6 in CAO 20.11. Subregulations 207 (2) and 252 (1) of CAR 1988 deal with the carrying of equipment, including emergency equipment and life saving equipment, and are heads of power for the making of subsection 6 in respect of these matters.
Use of terms
Regulation 252A of CAR 1988 defines an ELT as an emergency locator transmitter, an EPIRB or a PLB “that transmits on the frequency 121.5 MHz”. Thus, the acronym ELT is used in the regulation to denote the relevant class of locator transmitters, 2 of which could be carried on the aircraft, 1 of which could be fitted to the aircraft, and that one — an emergency locator transmitter — having an identical acronym (ELT) to that of the class.
Therefore, to ensure clarity in the conditions for the exemptions, a clear distinction has been drawn in the instrument between a non-portable (i.e. a fitted) emergency locator transmitter (designated in the instrument as an ELT, and a portable distress beacon (so called, but comprising 2 types — an EPIRB and a PLB.
Conditions — regulation 252A exemption
A pilot seeking to take advantage of the exemption must comply with special conditions.
Carriage of equipment
The aircraft must be fitted with a working, non-portable ELT that is either switched to “armed” if it is designed to automatically activate on impact, or that facilitates ready activation by the operating crew in an emergency.
Alternatively, the aircraft may carry a working, portable distress beacon in a place that is readily accessible to the operating crew in an emergency.
Frequencies
An ELT must operate on frequencies 406 MHz and 121.5 MHz simultaneously.
Quality standards — ELT
An ELT must also be of a type that is authorised by the US FAA in accordance with FAA TSO-C91a (for the 121.5 MHz transmission component) and FAA TSO-C126 (for the 406 MHz transmission component).
Alternatively, it may be of a type that CASA considers meets the requirements of FAA TSO-C91a (for the 121.5 MHz transmission component) and FAA TSO-C126 (for the 406 MHz transmission component).
Quality standards — portable distress beacon
A portable distress beacon (whether or not designed to automatically activate on impact) must be an EPIRB of a type that meets the requirements of AS/NZS 4280.1:2003 or a later standard.
Alternatively, a portable distress beacon may be a PLB of a type that meets the requirements of AS/NZS 4280.2:2003, or a later standard; or FAA TSO-C91a (for the 121.5 MHz transmission component) and FAA TSO-C126 (for the 406 MHz transmission component).
A third alternative is that a portable distress beacon may be of a type that CASA considers is safe, can be maintained in Australia and is equivalent to a type that meets these standards.
Maintenance
The pilot in command of an aircraft must not begin a flight if an ELT or a portable distress beacon on board the aircraft for this instrument has not successfully undergone its manufacturer-recommended periodic inspection and testing. A Note indicates that operators must make sure that the aircraft’s system of maintenance or maintenance schedule addresses this requirement.
Batteries
If a lithium-sulphur dioxide battery is used for an ELT or portable distress beacon, it must meet the requirements of FAA TSO-C142 or FAA TSO-C142a.
Registration with AMSA
The ELT or portable distress beacon used in an aircraft must be registered with AMSA before it is used.
Conditions — subsection 6 of CAO 20.11 — over water operations
In the conditions, EPIRB, ELT, PLB and portable distress beacon have the same meaning as in the conditions for regulations 252A.
Life rafts
A pilot or operator (CAO 20.11 also applies to operators) seeking to take advantage of the exemption from subsection 6 of CAO 20.11 must comply with special conditions. An aircraft to which paragraph 6.1 of CAO 20.11 would apply but for the exemption, must be fitted with, or carry, 1 ELT or portable distress beacon when 1 life raft is carried, and at least 2 ELTs or portable distress beacons (in any combination) when more than 1 life raft is carried. (The existing requirement for carriage of a supply of pyrotechnic distress signals is also preserved.)
Location of equipment
An EPIRB or PLB must be carried in, or adjacent to, a life raft, or adjacent to an emergency exit used for evacuation of the aircraft in an emergency.
Alternatively, for a PLB, it may be carried on the person of a member of the operating crew.
Single engine aircraft
If the aircraft is a single engine aircraft to which paragraph 6.2 of CAO 20.11 would apply but for the exemption, it must be fitted with, or carry, 1 ELT or portable distress beacon.
Duplication of conditions
In addition, it is a condition that each of the conditions mentioned for the regulation 252A exemption must also be complied with by the pilot and the operator. The operator and the pilot both have obligations under subsection 6 of CAO 20.11 and the conditions under Schedule 3, therefore, apply to both persons.
Expiry
The exemption from regulation 252A of CAR 1988 stops having effect immediately before the commencement of regulations amending the regulation in preparation for the 1 February 2009 changeover, as mentioned above.
The exemption from subsection 6 of CAO 20.11 stops having effect immediately before the commencement of a CAO amendment amending subsection 6 of CAO 20.11 for the changeover.
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. Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. The instrument is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Formal consultation under section 17 of the LIA has not been undertaken. AMSA was informally consulted to assist with appropriate drafting of the exemptions. For those who take advantage of it and comply with its conditions, the exemption ameliorates legislative obligations and ensures that they are not in breach of the existing regulation.
Commencement
The instrument comes into effect on the day after it is registered.
Delegate
The exemption has been made by the Deputy Chief Executive Officer, Operations, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX33/08]