EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
Exemption — Carriage of life rafts
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (3) provides that before issuing an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (2) provides that an exemption may be issued subject to the person complying with any conditions specified by CASA as necessary in the interests of safety.
Subregulation 252 (1) of CAR 1988 provides that CASA may give directions about the necessary life‑saving equipment to be carried on Australian aircraft.
Regulation 5 of CAR 1988 provides that where CASA is empowered to issue directions, it may do so in Civil Aviation Orders.
Directions under subregulation 252 (1) of CAR 1988 have been issued in Civil Aviation Order 20.11. Paragraph 5.2.1 of the Order provides that an aircraft that is flown over water at a distance from land greater than the permitted distance must carry sufficient life rafts to provide a place in a life raft for each person on board the aircraft.
Except in the case of certain more powerful aircraft and aircraft engaged in extended range operations, the permitted distance from land is not more than 30 minutes at normal cruising speed or 100 miles, whichever is less (paragraph 5.2.1.1 of the Order). That distance is more restrictive than the maximum comparable distance set by the International Civil Aviation Organization (ICAO Annexe 6, Part I, paragraph 6.5.3.1) as the international standard for a permitted distance, namely 120 minutes at normal cruising speed or 400 nautical miles, whichever is less.
The instrument exempts Embraer EMB 120 and Fairchild 227-DC aircraft, operated by Capiteq Pty Ltd, trading as AirNorth, Airlines of South Australia and Emu Airways, from the requirement to carry life rafts. In the interests of safety, a condition has been imposed on the operator — the aircraft must only operate within 60 minutes at single engine cruising speed or 200 nautical miles, whichever is less, from an adequate aerodrome. This condition is somewhat more flexible than the requirement in paragraph 5.2.1 of the Order, but still within the international standard.
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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. 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 under section 17 of the LIA has not been undertaken in this case. The instrument renews, and is similar to, an exemption previously issued to an operator for specific activities during a specific period.
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments. The instrument stops having effect at the end of July 2008 when the operator’s AOC is due for renewal.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX40/05]
Overview
The Civil Aviation Regulations 1988, enacted in 1988, provide a comprehensive regulatory framework for the safety of air navigation in Australia. The primary problem or gap that this legislation aimed to address was the need for stringent safety regulations governing the carriage of life-saving equipment, such as life rafts, on aircraft, particularly those operating over water. The Civil Aviation (Safety) Regulations 1998 were introduced to ensure that all aircraft comply with safety standards, including the mandatory carriage of life rafts when flying at certain distances from land. These regulations empower the Civil Aviation Safety Authority (CASA) to issue exemptions and directions to maintain safety standards.
The authority to exempt specific aircraft from certain requirements, as demonstrated in the Civil Aviation Regulations 1988, lies with CASA under subregulation 308(1). The policy objective, as outlined in the explanatory statement, is to balance safety considerations with operational flexibility, ensuring that exemptions are granted only if they do not compromise the safety of the flight. The exemption in question, which applies to Embraer EMB 120 and Fairchild 227-DC aircraft operated by certain airlines, allows these aircraft to forgo the life raft requirement if they operate within specified distances from an adequate aerodrome. This exemption, subject to certain conditions, aims to provide a practical solution while maintaining a high standard of safety.
Scope and Application
The Civil Aviation Regulations 1988, as amended, provide for the safety of air navigation across Australia and include provisions that mandate the carriage of life-saving equipment such as life rafts on aircraft operating over water. Specifically, Civil Aviation Order 20.11 sets out the requirements for life-saving equipment on aircraft, stipulating that sufficient life rafts must be available for each person on board for flights over water beyond a certain distance from land. However, an exemption under Section 98 of the Civil Aviation Act 1988 allows the Civil Aviation Safety Authority (CASA) to grant exemptions to certain aircraft from complying with these regulations. In this instance, CASA has exempted Embraer EMB 120 and Fairchild 227-DC aircraft operated by Capiteq Pty Ltd, trading as AirNorth, Airlines of South Australia, and Emu Airways, from the life raft carriage requirement. This exemption is contingent on the condition that these aircraft only operate within 60 minutes at single engine cruising speed or 200 nautical miles, whichever is less, from an adequate aerodrome, thereby ensuring safety while allowing operational flexibility. This exemption, declared as a disallowable instrument under the Legislative Instruments Act 2003, is effective until the end of July 2008 and is subject to parliamentary disallowance.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) establish the framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for this purpose. Subregulation 308(1) of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with their operation from specific provisions of the regulations, provided certain conditions are met. Importantly, any exemption must be granted with a consideration of safety, as outlined in subregulation 308(3), and may be subject to conditions specified by CASA as necessary for safety reasons, according to subregulation 308(2).
Under the CAR 1988, CASA has the authority to issue directions regarding the life-saving equipment required for Australian aircraft, as stated in subregulation 252(1). These directions are outlined in Civil Aviation Order 20.11, where it is stipulated that aircraft flown over water at a distance greater than the permitted distance must carry sufficient life rafts for all passengers, with the permitted distance being either 30 minutes at normal cruising speed or 100 miles, whichever is less. This regulation is more restrictive than the international standard set by the International Civil Aviation Organization (ICAO), which allows for a distance of up to 120 minutes at normal cruising speed or 400 nautical miles. This legislative framework ensures that safety measures are stringent and well-defined.
The exemption granted under this legislation applies to Embraer EMB 120 and Fairchild 227-DC aircraft operated by Capiteq Pty Ltd, trading as AirNorth, Airlines of South Australia, and Emu Airways. These operators are exempt from the requirement to carry life rafts, provided that the aircraft only operate within 60 minutes at single engine cruising speed or 200 nautical miles from an adequate aerodrome, as stipulated in the condition imposed by CASA. This condition maintains a safety standard that is still within the international safety parameters but offers a slightly more flexible operational range compared to the standard set by Civil Aviation Order 20.11.
Breach of the conditions set forth in this exemption could have serious consequences. Subregulation 308(4) of the CAR 1988 declares the exemption to be a disallowable instrument under the Legislative Instruments Act 2003. This means that the exemption is subject to tabling and potential disallowance in the Parliament, as per sections 38 and 42 of the LIA. The failure to adhere to the specified conditions could result in legal repercussions, including the revocation of the exemption and possible enforcement actions by CASA. The maximum penalties for non-compliance are not explicitly stated in the explanatory statement but could include fines and other regulatory sanctions as outlined in relevant aviation safety legislation.