CASA EX56/10 - Exemption - public address system

Overview

The Civil Aviation Regulations 1988 were enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing various aspects such as aircraft operations, personnel qualifications, and safety standards. One particular legislative instrument, F2010L01890, pertains to an exemption granted to Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), from specific requirements concerning the installation and operation of public address systems in their helicopters. This exemption was introduced to address a gap in compliance requirements that aligned with practices in other jurisdictions such as the U.K. and the U.S.A., specifically for certain helicopter models. The exemption, issued by the Director of Aviation Safety under the Civil Aviation Act 1988, allows the operator to conduct flights without a public address system provided that alternative communication methods are established and adhered to, ensuring the safety of passengers. The exemption is subject to conditions that outline these alternative procedures, including the use of an In Flight Entertainment system or the aircraft intercom, and is a legislative instrument subject to disallowance in Parliament.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) govern the safety and operational standards for aircraft in Australia, and under Section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact these regulations. Subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt specific aircraft or individuals involved in aircraft operations from certain provisions of CAR 1988, provided such exemptions are made in the interests of safety and may be subject to conditions deemed necessary by CASA. This exemption process applies to aircraft operations conducted within Australia's jurisdiction. Notably, subregulation 207(2) and (3) of CAR 1988 require that Australian aircraft be equipped with approved emergency equipment and that any such equipment be used in accordance with CASA's directions. However, Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), has been granted an exemption from these provisions in relation to paragraph 4.3 of Civil Aviation Order 20.16.3, which mandates the installation of an approved electronic public address system in aircraft with a passenger seating capacity of 10 or more where a cabin attendant is not required. This exemption is contingent on the establishment and use of alternative normal and emergency procedures, such as the use of an In Flight Entertainment system or the aircraft intercom, and it is consistent with similar rules in the UK and USA for specific helicopter models. The exemption is a disallowable instrument under the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in the Parliament, and this particular exemption is a renewal of a previous instrument issued to the same operator, thus no additional consultation was required. The exemption is effective from the day after its registration until the end of June 2012.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) have several key provisions that are relevant to the operation of aircraft and the requirements for equipment on board. Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations. Under subregulation 308(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) has the authority to exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with specified provisions of CAR 1988. Such an exemption can be issued subject to conditions that CASA considers necessary for safety, as stated in subregulation 308(3) of CAR 1988. Furthermore, subregulation 207(2) of CAR 1988 mandates that a person must not use an Australian aircraft in a class of operation unless it is equipped with CASA-approved equipment, including emergency equipment. Subregulation 207(3) of CAR 1988 adds that any equipment approved or directed by CASA must be fitted, carried, or used on the aircraft only in accordance with CASA's directions. The obligations imposed by the Act and the regulations on the parties or entities it governs include adherence to CASA's safety directives and equipment requirements. Specifically, Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), must ensure that their helicopters are fitted with approved equipment unless an exemption is granted. This exemption allows the operator to forego a public address system if alternative normal and emergency procedures are established and followed. These procedures involve using an In Flight Entertainment system to communicate with passengers or, if that system is inoperative, using the aircraft intercom to alert a passenger to relay messages. The exemption also includes stipulations such as the continuous wearing of seat belts during flight and limits on the duration that the entertainment system may remain inoperative. The consequences of breaching the regulations are significant. Under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA), the exemption is a disallowable instrument and therefore subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. Failure to comply with the provisions of CAR 1988 or the conditions of the exemption could result in regulatory action against the operator, including potential fines or other penalties. The exemptions and conditions are designed to ensure that safety standards are maintained despite the absence of a public address system, thereby aligning with equivalent rules in the U.K. and the U.S.A. for the specified helicopter models.