Explanatory Statement
Civil Aviation Safety Regulations 1998
Revocation of exemption from requirements for emergency locator transmitters and portable distress beacons — instrument CASA EX33/08
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 (ELTs)
Under subregulation 252A (1) of the Civil Aviation Regulations 1988 (CAR 1988), the pilot in command of relevant Australian aircraft may begin a flight only if the aircraft is fitted with an approved ELT that is in working order, or has an accessible approved portable ELT that is in working order.
CAO 20.11 requirements for ELTs
Civil Aviation Order 20.11 (CAO 20.11) deals, among other things, with emergency and life-saving equipment, including 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 ELTs operating on frequencies 121.5 MHz and 243 MHz. They must be approved ELTs, under regulation 252A of CAR 1988, and be stowed so as to facilitate their ready use in an emergency.
Under paragraph 6.2 of CAO 20.11, single engine aircraft on flight over water, without communications equipment and not required to carry a life raft, must carry an ELT operating on frequencies 121.5 MHz and 243 MHz. It must be an approved ELT under regulation 252A of CAR 1988 and be stowed so as to facilitate its ready use in an emergency.
Exemption power
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998, 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.
Legislative Instruments Act
The previous instrument CASA EX33/08 was registered and by operation of section 3 of the Legislative Instruments Act 2003 (the LIA) the instrument is a legislative instrument. The repeal instrument is, therefore, legislative 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. This instrument revokes a previous instrument CASA EX33/08.
Human Rights Compatibility
This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Commencement and delegation
The instrument comes into effect on the day after registration.
The revocation has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX48/12]
Overview
The Civil Aviation Safety Regulations 1998, enacted by the Parliament of Australia, were introduced to address the need for stringent safety regulations in the aviation industry, particularly concerning emergency locator transmitters (ELTs) and portable distress beacons. The Civil Aviation Safety Authority (CASA) has the power under section 98 of the Civil Aviation Act 1988 to create these regulations for the purpose of ensuring the safety of air navigation. The objective of these regulations is to ensure that aircraft operating in Australian airspace are equipped with essential emergency equipment, thereby enhancing the safety of flights, especially over water and in remote areas where prompt emergency response is critical. The revocation of the exemption from these requirements under CASA EX33/08 aims to reinforce compliance with safety standards, ensuring that all aircraft meet the necessary criteria for carrying approved ELTs that operate on specified frequencies and are readily accessible in an emergency.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the instrument CASA EX48/12, revoke an exemption from requirements for emergency locator transmitters (ELTs) and portable distress beacons that was previously granted under CASA EX33/08. This regulatory change applies to all relevant aircraft operators, pilots in command, and any individuals or entities involved in the operation of specified aircraft that are subject to the Civil Aviation Regulations 1988 (CAR 1988). The revocation ensures that all aircraft, particularly those operating over water or in single-engine configurations without communications equipment, must adhere to the safety standards outlined in CAR 1988 and Civil Aviation Order 20.11 (CAO 20.11) concerning the carriage and stowage of approved ELTs. These requirements are integral to ensuring the safety of air navigation and the readiness of emergency response in aviation incidents. The instrument, which is a legislative instrument under the Legislative Instruments Act 2003, has been registered and is subject to parliamentary oversight. It applies nationally across Australia, impacting the civil aviation sector directly by removing the exemption and enforcing compliance with specified safety provisions.
Key Provisions
The Civil Aviation Safety Regulations 1998, as amended by CASA EX48/12, contain specific requirements regarding emergency locator transmitters (ELTs) and portable distress beacons for aircraft operations. According to section 252A(1) of the Civil Aviation Regulations 1988 (CAR 1988), the pilot in command of relevant Australian aircraft must ensure that the aircraft is equipped with an approved ELT in working order, or have an accessible approved portable ELT in working order, before commencing a flight. This is to ensure that in the event of an emergency, the aircraft can be located by search and rescue services. Under Civil Aviation Order 20.11 (CAO 20.11), certain types of aircraft, such as those flying over water, must carry ELTs operating on frequencies 121.5 MHz and 243 MHz, and these must be stowed to facilitate their ready use in an emergency. These requirements are crucial for maintaining the safety of air navigation and ensuring that emergency response is as effective as possible.
The Act imposes several obligations on the parties and entities it governs. Primarily, pilots in command of relevant aircraft must ensure that their aircraft are equipped with the required ELTs, and that these devices are in working order. This includes conducting regular checks and maintenance on the ELTs to ensure their functionality. Operators of aircraft that fall under the CAO 20.11 requirements must also ensure that their aircraft are equipped with the specified ELTs and that these devices are properly stowed and accessible. Failure to comply with these requirements can lead to significant safety risks and potential regulatory consequences.
Breach of the provisions outlined in CAR 1988 and CAO 20.11 can lead to various penalties and consequences. While the specific penalties are not detailed in the text provided, under Australian aviation law, non-compliance with safety regulations can result in civil penalties, including fines and potential grounding of the aircraft. In more severe cases, criminal charges may be brought against individuals responsible for the non-compliance, leading to prosecution and potential imprisonment. It is important for all parties involved in aircraft operations to be fully aware of and comply with these regulations to avoid any legal or safety repercussions.