Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — firefighting vehicle colour
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Regulation 139.711 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that a person must not provide an aerodrome rescue and firefighting service at an aerodrome unless the person is approved by CASA. Airservices Australia (AA) holds a certificate of approval issued by CASA to provide Aerodrome Rescue and Fire Fighting Services (ARFFS) at various aerodromes.
Subregulation 139.795 (6) of CASR 1998 provides that vehicles used in ARFFS at an aerodrome must be of a colour permitted by the applicable standards and requirements. Paragraph 4.1.1.7 of the Manual of Standards Part 139H requires that firefighting vehicles be painted signal red in accordance with Australian Standard 2700, colour R13.
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation.
The instrument exempts AA from the requirement that all firefighting vehicles are painted “signal red”. The exemption will allow the introduction of new vehicles painted in a colour that has been proven to be highly visible in all operating conditions experienced by the ARFFS. CASA and service providers will, as soon as possible, commence work on changes to existing regulations.
There is no Australian Standard applicable for emergency vehicle colours. The specifications detailed in the instrument have been derived from the FAA Advisory Circular AC150/5210-5B. A minor modification to the DE value from .5 to 2.0 has been adopted following advice from DuPont Australia, who have advised that the modification will allow for a more consistent production of the specified colour.
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. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. 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
Consultation under section 17 of the LIA has not been undertaken because it is of a minor or machinery nature.
The instrument commences on 1 July 2009. It stops having effect at the end of 30 June 2011.
The exemption has been made by a delegate of CASA in accordance with regulation 11.260 of CASR 1998.
[Instrument number CASA EX49/09]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation, providing regulations that govern various aspects of civil aviation in Australia. In addressing the need for improved visibility and safety of firefighting vehicles at aerodromes, the Civil Aviation Safety Regulations 1998 were amended by the Civil Aviation Safety Regulations 1998 (Exemption – Firefighting Vehicle Colour) 2009. This exemption was introduced to allow Airservices Australia to use firefighting vehicles that are not painted in the traditional signal red, as long as they meet the visibility requirements specified in the exemption. The exemption was made by a delegate of the Civil Aviation Safety Authority (CASA) under the authority provided in regulation 11.260 of the CASR 1998, with the paramount consideration being the preservation of an acceptable level of safety. The instrument is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) govern the safety aspects of air navigation in Australia, and the associated explanatory statement details a specific exemption concerning the colour of firefighting vehicles used in Aerodrome Rescue and Fire Fighting Services (ARFFS) at aerodromes. This exemption applies to Airservices Australia (AA), which holds a certificate of approval from the Civil Aviation Safety Authority (CASA) to provide ARFFS. The exemption allows AA to use firefighting vehicles that are not painted in the signal red colour specified by Australian Standard 2700, colour R13, provided the new colour meets visibility standards proven to be highly effective in all operating conditions. The exemption is subject to the paramount consideration of maintaining an acceptable level of safety, and CASA may impose conditions on it if necessary. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance by Parliament. This exemption commences on 1 July 2009 and ceases on 30 June 2011, during which time CASA and service providers will work on updating existing regulations. The colour specifications for the exemption are derived from the FAA Advisory Circular AC150/5210-5B, with a minor modification to the DE value to improve production consistency.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions regarding the approval of services for aerodrome rescue and firefighting, as well as the specifications for the appearance of vehicles used in these services. Under section 98(1) of the Civil Aviation Act 1988, the Governor-General can make regulations for the Act, particularly to ensure the safety of air navigation. According to subsection 139.711 of the CASR 1998, a person must not provide aerodrome rescue and firefighting services at an aerodrome unless they are approved by CASA. Regulation 11.160(1) allows CASA to grant exemptions from compliance with CASR 1998 provisions, provided that safety is paramount. Subsection 11.205(1) further allows CASA to impose conditions on such exemptions if necessary for air navigation safety.
Airservices Australia (AA) holds a certificate of approval from CASA to provide these services at various aerodromes. However, under subregulation 139.795(6) of the CASR 1998, vehicles used in these services must be painted in a colour permitted by applicable standards and requirements. Specifically, paragraph 4.1.1.7 of the Manual of Standards Part 139H mandates that firefighting vehicles be painted signal red in accordance with Australian Standard 2700, colour R13. The exemption granted under this legislation allows AA to introduce new firefighting vehicles that are painted in a colour that has been proven to be highly visible under all operating conditions experienced by the Aerodrome Rescue and Fire Fighting Services (ARFFS), instead of the mandated signal red.
The exemption derives its specifications from the FAA Advisory Circular AC150/5210-5B, with a minor modification to the DE value from.5 to 2.0. This modification was adopted based on advice from DuPont Australia, which suggested that the change would ensure a more consistent production of the specified colour. This new colour aims to enhance visibility and safety during emergency operations.
In terms of offences and penalties, the regulations do not explicitly state penalties for non-compliance with the exemption. However, any breach of safety regulations under the Civil Aviation Act 1988 could potentially result in civil or criminal consequences. Under the Legislative Instruments Act 2003, the exemption is a disallowable instrument, which means it is subject to tabling and disallowance in the Parliament. The instrument was made by a delegate of CASA in accordance with regulation 11.260 of the CASR 1998, and it commenced on 1 July 2009, stopping its effect on 30 June 2011.