CASA EX41/06 - Exemption – use of radiocommunication systems in firefighting operations

Overview

The Civil Aviation Regulations 1988 were enacted to provide for the regulation of civil aviation in Australia. The problem this legislation aimed to address was the need for specialised radiocommunication systems to be used by personnel during bushfire firefighting operations, without the requirement for them to hold the specific licences or certificates that would typically be necessary. This was particularly pertinent for the Department of Sustainability and Environment of Victoria (DSE) and the Country Fire Authority of Victoria (CFA), who required the use of radiocommunication systems for tactical aircraft-to-aircraft and air-to-ground communications during firefighting activities. The Civil Aviation Regulations 1988 were enacted by the Parliament of Australia and amended by the Civil Aviation Amendment (Radiocommunications Systems) Regulations 2006, which provided a policy objective to ensure safety and operational efficiency during emergency situations. This particular exemption was introduced to allow DSE and CFA personnel to operate radiocommunication systems without the need for specific licences, ensuring seamless communication during critical firefighting operations.

Scope and Application

The Civil Aviation Regulations 1988, under regulation 308, empowers the Civil Aviation Safety Authority (CASA) to grant exemptions to aircraft, pilots, and other personnel from specific provisions of the regulations, provided it is deemed necessary for safety. This particular exemption allows pilots in command of Australian aircraft equipped with approved radiocommunication systems to bypass the usual requirements of paragraphs 83(1)(c) and 83(1)(e) of the regulations, which otherwise restrict the operation of such systems to licensed personnel. Similarly, it exempts members and staff of the Department of Sustainability and Environment of Victoria and the Country Fire Authority of Victoria from the need to hold specific licenses or certificates when operating radiocommunication systems during bushfire firefighting operations. This exemption extends to radio operators who are not licensed but are involved in tactical communications during these operations. The exemption is subject to the Legislative Instruments Act 2003 and is a disallowable instrument, subject to parliamentary scrutiny and disallowance. This exemption applies nationally and is effective from the day after registration until 31 July 2008, facilitating critical communications during firefighting operations without the usual regulatory constraints.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) establish key provisions that regulate the use of radiocommunication systems during firefighting operations, as outlined in Regulation 308 (subregulation 3) (paragraphs 83 (1) (c), (e) and 83 (2) (b), and subregulation 83 (3)). These provisions typically require that only licensed individuals operate radiocommunication systems during flights and on the ground. However, this particular exemption, declared under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (LIA), permits the Department of Sustainability and Environment of Victoria (DSE) and the Country Fire Authority of Victoria (CFA) to operate radiocommunication systems without the usual licensing requirements during firefighting activities. This includes allowing the pilot in command of an Australian aircraft and personnel of the DSE and CFA to operate such systems, provided they are involved in fire prevention or firefighting operations. Under this exemption, the obligations on the parties governed by CAR 1988 are modified to allow DSE and CFA personnel to use radiocommunication systems without holding the standard licences or certificates, provided they are engaged in specified firefighting activities. The exemption ensures that the operations of these radiocommunication systems do not require the typical licensing or certification, thus facilitating more immediate and effective communication during critical firefighting operations. The exemption applies to radiocommunication systems that are either installed in aircraft or not carried on an aircraft, but used for ensuring the safety of air navigation. The exemption does not remove all regulatory oversight; it is still subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. While consultation under section 17 of the LIA was not undertaken, the exemption has been issued by a delegate of the Civil Aviation Safety Authority (CASA) in accordance with subregulation 7 (1) of CAR 1988. It is important to note that while the exemption is in place, any breach of the terms of the exemption could lead to penalties under CAR 1988. The specific penalties for such breaches are not detailed in the provided text, but generally, violations of civil aviation regulations can result in fines, imprisonment, or other civil or criminal consequences depending on the severity of the breach. The exemption is effective from the day after registration and expires at the end of 31 July 2008.