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 Fokker F28 MK 100 aircraft, operated by Alliance Airlines Pty Ltd, 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 351 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 2007.
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 EX41/05]
Overview
The Civil Aviation Regulations 1988, as amended by instrument F2005L02482, address the gap in ensuring the safety of air navigation while providing flexibility to specific aircraft operations. Enacted by the Australian Government, this instrument empowers the Civil Aviation Safety Authority (CASA) to exempt certain Fokker F28 MK 100 aircraft operated by Alliance Airlines Pty Ltd from the mandatory carriage of life rafts, provided that these aircraft adhere to stricter operational limits when flying over water. This exemption, introduced to balance safety concerns with operational practicality, requires the aircraft to operate within 60 minutes at single engine cruising speed or 351 nautical miles, whichever is less, from an adequate aerodrome. The policy objective is to ensure that while the aircraft can operate under specific conditions without carrying life rafts, the safety of passengers and crew is maintained in compliance with international safety standards. The exemption, a legislative instrument subject to disallowance in the Parliament, renews a previous exemption and is effective until the end of July 2007.
Scope and Application
The Civil Aviation Regulations 1988 govern various aspects of aviation safety in Australia, and the legislation in question specifically addresses exemptions for the carriage of life rafts on aircraft. This exemption applies to Fokker F28 MK 100 aircraft operated by Alliance Airlines Pty Ltd, allowing them to operate without carrying life rafts, subject to certain safety conditions. The exemption is grounded in section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation, and is further detailed under subregulation 308 of the Civil Aviation Regulations 1988. The exemption is limited to Alliance Airlines Pty Ltd’s Fokker F28 MK 100 aircraft and mandates that these aircraft must only operate within 60 minutes at single engine cruising speed or 351 nautical miles from an adequate aerodrome, ensuring safety standards are upheld while still accommodating the specific operational needs of the airline. The exemption, issued by a delegate of the Civil Aviation Safety Authority (CASA), is subject to the Legislative Instruments Act 2003, making it a disallowable instrument that can be reviewed by Parliament. The instrument is effective from the day after its registration on the Federal Register of Legislative Instruments until the end of July 2007.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include provisions for the carriage of life-saving equipment on aircraft, particularly life rafts for those flying over water (Regulation 5 and subregulation 252(1)). In this context, subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with the operation of the aircraft from specific provisions of the regulations. This exemption is contingent on CASA considering relevant safety factors (subregulation 308(3)) and may be subject to specific conditions necessary for safety (subregulation 308(2)). The exemption for Fokker F28 MK 100 aircraft operated by Alliance Airlines Pty Ltd, as outlined in this instrument, exempts the aircraft from the life raft requirement on the condition that the aircraft operates within 60 minutes at single engine cruising speed or 351 nautical miles from an adequate aerodrome, whichever is less. This condition ensures the aircraft remains within a safe distance from land, in line with the international safety standards set by the International Civil Aviation Organization (ICAO).
The obligations imposed by the regulations on the parties involved are primarily centred around safety. CASA, as the regulatory body, must ensure that any exemption issued takes into account all relevant safety considerations and may impose specific conditions to mitigate any potential risks. For Alliance Airlines Pty Ltd, the operator of the Fokker F28 MK 100 aircraft, the obligation is to adhere strictly to the conditions of the exemption, ensuring that the aircraft remains within the specified operational limits to maintain safety standards. This includes ensuring that the aircraft operates within the distance limits set by the exemption and maintains compliance with all other relevant safety regulations.
Breaching the conditions of the exemption, or failing to comply with the requirements set forth in the Civil Aviation Regulations 1988, can lead to significant legal consequences. Under subregulation 308(4) of CAR 1988, an exemption is considered a disallowable instrument under the Legislative Instruments Act 2003 (LIA). This means that the exemption is subject to tabling and potential disallowance in Parliament, as outlined in sections 38 and 42 of the LIA. Non-compliance with the operational conditions specified in the exemption could result in enforcement actions by CASA, which may include fines or other penalties as deemed necessary to ensure compliance with aviation safety standards. The specific penalties for non-compliance are not detailed in the instrument but are typically determined based on the severity and nature of the breach.