CASA EX57/09 - Exemption - from requirement to register an emergency locator transmitter (ELT) with the Australian Maritime Safety Authority

Overview

The Civil Aviation Regulations 1988 (CAR 1988) establish a comprehensive regulatory framework for civil aviation in Australia, overseen by the Civil Aviation Safety Authority (CASA). The problem addressed by the exemption concerns the practical difficulties in registering Emergency Locator Transmitters (ELTs) on high-capacity aircraft before their delivery to operators. Specifically, these ELTs are embedded in slide/raft packages, making it unfeasible to unpack, register, and repack them before delivery. This exemption was introduced to alleviate the logistical hurdles faced by delivery crews in complying with the registration requirements set forth in the Civil Aviation Order 20.11 (CAO 20.11). By allowing unregistered ELTs to be used on these aircraft before delivery, the exemption aims to ensure that safety standards are maintained without imposing impractical demands on the aircraft manufacturers and delivery crews. This legislative instrument, which is subject to tabling and disallowance in Parliament, is intended to streamline the process and avoid potential safety risks associated with the current regulatory requirements.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide a framework for ensuring the safety of air navigation in Australia, and under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue exemptions from specific provisions of the CAR 1988, subject to safety considerations. One such exemption pertains to the requirement for registering an emergency locator transmitter (ELT) with the Australian Maritime Safety Authority (AMSA) before use on aircraft. This exemption applies to high-capacity regular public transport or high-capacity charter aircraft that have not yet been delivered to their operator, as it is not practicable to register the ELTs before delivery due to their embedded nature in a slide/raft package. The exemption allows for the use of unregistered ELTs on these aircraft before they are delivered to the operator, thereby addressing a practical difficulty that could otherwise arise. The exemption is subject to conditions specified by CASA to ensure safety and is effective until 31 July 2011. It is also subject to the Legislative Instruments Act 2003, which requires the exemption to be tabled and disallowance in Parliament.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) outline several key provisions regarding the exemption of certain aircraft from the requirement to register emergency locator transmitters (ELTs) with the Australian Maritime Safety Authority (AMSA). Specifically, subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with the operation of aircraft from specified provisions of CAR 1988, subject to safety conditions (subregulation 308(2)). This exemption is particularly pertinent to high-capacity aircraft, such as those used for regular public transport or charter, which have ELTs embedded in a slide/raft package and cannot be registered before delivery due to practical constraints (paragraph 6.6 of Civil Aviation Order 20.11). The exemption allows these unregistered ELTs to be used until the aircraft is delivered to the operator. Aircraft operators and manufacturers must ensure that any exempted ELTs comply with the safety standards set out in CAR 1988 and CAO 20.11. These standards include carrying sufficient life rafts and emergency signalling equipment, such as ELTs, for aircraft flown over water at certain distances from land. For high-capacity aircraft, this means ensuring that the aircraft carries either an approved ELT and an approved portable ELT or two approved portable ELTs (paragraph 5.2.1 and 6 of CAO 20.11). It is also essential that the ELTs meet the definitions and requirements specified in subregulation 252A(5) or (6) of CAR 1988. The exemption from the registration requirement is subject to certain obligations and conditions set by CASA. CASA must consider safety-related factors before issuing an exemption (subregulation 308(3) of CAR 1988). Additionally, the exemption is a disallowable instrument under the Legislative Instruments Act 2003 (LIA) and must be tabled and may be subject to disallowance in the Parliament (subregulation 308(4) of CAR 1988 and subparagraph 6(d)(i) of the LIA). Although consultation under section 17 of the LIA was not undertaken in this case, the exemption was made to address a practical difficulty arising from an anomaly between CAR 1988 and CAO 20.11. Failure to comply with the provisions of CAR 1988 or the terms of the exemption may result in civil or criminal consequences. Under section 15(1) of the Civil Aviation Act 1988, CASA has the authority to issue infringement notices for breaches of CAR 1988, with maximum penalties of up to $22,200 for individuals and $111,000 for bodies corporate. Furthermore, serious breaches of safety regulations can lead to criminal charges, with penalties including fines of up to $1,650,000 and imprisonment for up to 10 years under section 15A(1) of the Civil Aviation Act 1988. It is crucial for operators and manufacturers to adhere to the stipulated safety requirements and the terms of the exemption to avoid these potential consequences.