CASA EX58/08 – Exemption – use of radiocommunication systems in firefighting operations

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, address the need to allow for specific exemptions in the interests of safety, particularly during critical operations such as firefighting. This legislative instrument, F2008L03085, issued under the authority of the Civil Aviation Act 1988, enables the Civil Aviation Safety Authority (CASA) to exempt certain personnel and aircraft from strict regulatory requirements concerning the operation of radiocommunication systems. Specifically, it addresses the gap where Department of Sustainability and Environment of Victoria and Country Fire Authority personnel, trained in using radiocommunication systems for tactical communications during bush firefighting operations, do not hold the necessary aviation licences or certificates. The policy objective of this exemption is to ensure that essential communications during firefighting operations are not hindered by regulatory barriers, thus safeguarding public safety and operational efficiency.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) include a specific exemption that allows certain individuals and entities to use radiocommunication systems during firefighting operations without the need to hold a flight radiotelephone operator licence or a student pilot licence. This exemption applies to pilots in command of Australian aircraft that are equipped with radiocommunication systems approved under the regulations, allowing them to operate these systems during flight and while on the ground under certain conditions. Furthermore, it extends to members and staff of the Department of Sustainability and Environment of Victoria and the Country Fire Authority of Victoria, who are permitted to use radiocommunication systems for tactical communications during bushfire firefighting operations. These individuals, despite not holding the specified licences or certificates, are exempted from the general regulatory requirements regarding the operation of radiocommunication systems in aircraft and on the ground. This exemption is subject to certain conditions that ensure the safety of the operations and is in line with the provisions of subregulation 308 of CAR 1988. The exemption is also a legislative instrument under the Legislative Instruments Act 2003, which mandates its tabling and disallowance in Parliament.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) include a specific exemption under regulation 308(3) that allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft, their pilots, and personnel associated with firefighting operations from certain requirements of the regulations (subregulation 83(1)(c) and (e) and subregulation 83(2)(b)). This exemption is aimed at facilitating the use of radiocommunication systems during bush firefighting activities by trained personnel from the Department of Sustainability and Environment (DSE) and the Country Fire Authority (CFA) of Victoria, who may not hold the required licences or certificates (paragraph 83(1)(c) and (e) and subregulation 83(3)). Essentially, this allows these personnel to operate radiocommunication systems for tactical communications without needing the specified licences, provided they are involved in fire prevention or firefighting operations. The exemption also extends to the use of radiocommunication systems by DSE and CFA personnel when communicating with aircraft engaged in these operations. The obligations imposed by this exemption require that the exemptions are granted under subregulation 308(3) of CAR 1988 and are subject to conditions deemed necessary for safety. The exemptions are also subject to the broader legislative framework, including the Legislative Instruments Act 2003 (LIA), which mandates that the exemption be a disallowable instrument, subject to tabling and disallowance in the Parliament (subsection 6(d)(i) of the LIA). The exemptions are also subject to the conditions set by CASA, including the requirement that they be granted by a delegate of CASA (subregulation 7(1) of CAR 1988). Additionally, the exemptions are intended to be temporary, with this specific exemption expiring at the end of August 2010. Failure to comply with the provisions of CAR 1988, including those related to the operation of radiocommunication systems without the necessary licences or certificates, may result in civil or criminal penalties. Under CAR 1988, operating a radiocommunication system without the required licence or certificate can be considered an offence, leading to potential fines and other penalties as prescribed by the regulations. The maximum penalties for such offences may vary depending on the specific circumstances and the applicable provisions of the Civil Aviation Act 1988 and associated regulations. The exemptions provided under this regulation are intended to mitigate the risk of non-compliance by authorised personnel during firefighting operations.