Explanatory Statement
Civil Aviation Regulations 1988
Exemption — Carriage of life rafts
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (3) provides that before issuing an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (2) provides that an exemption may be issued subject to the person complying with any conditions specified by CASA as necessary in the interests of safety.
Subregulation 252 (1) of CAR 1988 provides that CASA may give directions about the necessary life‑saving equipment to be carried on Australian aircraft.
Regulation 5 of CAR 1988 provides that where CASA is empowered to issue directions, it may do so in Civil Aviation Orders.
Directions under subregulation 252 (1) of CAR 1988 have been issued in Civil Aviation Order 20.11. Paragraph 5.2.1 of the Order provides that an aircraft that is flown over water at a distance from land greater than the permitted distance must carry sufficient life rafts to provide a place in a life raft for each person on board the aircraft.
Except in the case of certain more powerful aircraft and aircraft engaged in extended range operations, the permitted distance from land is not more than 30 minutes at normal cruising speed or 100 miles, whichever is less (paragraph 5.2.1.1 of the Order). That distance is more restrictive than the maximum comparable distance set by the International Civil Aviation Organization (ICAO Annexe 6, Part I, paragraph 6.5.3.1) as the international standard for a permitted distance for aeroplanes able to continue safe flight to an aerodrome in the event of a power unit becoming inoperative at any point along the route, namely 120 minutes at normal cruising speed, or 400 nautical miles, whichever is less.
The instrument exempts Boeing 717 aircraft, operated by National Jet Systems Pty Ltd, from the requirement to carry life rafts. In the interests of safety, a condition has been imposed on the operator — the aircraft must only operate within 120 minutes at normal engine cruising speed or 400 nautical miles, whichever is less, from land suitable for emergency landing. This condition is somewhat more flexible than the requirement in paragraph 5.2.1 of the Order, but still within the international standard.
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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. 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 under section 17 of the LIA has not been undertaken in this case. The instrument is similar to an exemption previously issued to another operator for specific activities during a specific period.
The instrument commences on the day after it is registered and stops having effect at the end of December 2007.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX59/05]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide a regulatory framework for the safety of air navigation, consistent with the overarching Civil Aviation Act 1988. The problem this legislation addresses is the need for specific safety regulations concerning aircraft operations, including the carriage of necessary life-saving equipment such as life rafts. This regulation was enacted by the Australian Government to ensure the safety of air navigation, and the policy objective is to provide a comprehensive regulatory framework that can be adapted to specific operational contexts to maintain safety standards. Specifically, this regulation allows the Civil Aviation Safety Authority (CASA) to issue exemptions and directions concerning the equipment required on aircraft, ensuring that safety is prioritised while providing flexibility in specific circumstances.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to grant exemptions from specified provisions of the regulations, provided it is in the interests of safety. One such exemption is for Boeing 717 aircraft operated by National Jet Systems Pty Ltd, exempting them from the requirement to carry life rafts when flown over water. This exemption applies to the aircraft and its operators, and it is contingent on the aircraft operating within a distance from land suitable for emergency landing that does not exceed 120 minutes at normal engine cruising speed or 400 nautical miles, whichever is less. This condition, while more flexible than the general requirement in the regulations, still adheres to the international standard set by the International Civil Aviation Organization. The exemption is a legislative instrument subject to disallowance in the Parliament under the Legislative Instruments Act 2003. Notably, consultation under section 17 of the Legislative Instruments Act was not undertaken for this exemption, although it is similar to a previous exemption issued to another operator. The exemption is effective from the day after its registration and expires at the end of December 2007.
Key Provisions
The main operative sections of this instrument, derived from the Civil Aviation Regulations 1988 (CAR 1988), empower the Civil Aviation Safety Authority (CASA) to exempt specified aircraft from carrying life rafts, provided certain conditions are met to ensure safety. Section 308(1) allows CASA to exempt aircraft from compliance with specified CAR provisions, while section 308(3) requires that CASA consider safety-related factors before issuing an exemption. Section 308(2) further stipulates that any exemption issued can include conditions deemed necessary by CASA for safety reasons. Regulation 5 of CAR 1988 allows CASA to issue directions regarding life-saving equipment, which in this case, is addressed in Civil Aviation Order 20.11. Specifically, paragraph 5.2.1 mandates that aircraft flying over water beyond a certain distance must carry sufficient life rafts for all passengers.
The obligations imposed by this Act on the parties involved include strict adherence to the conditions set by CASA for the exemption to be valid. National Jet Systems Pty Ltd, the operator of Boeing 717 aircraft, must ensure that their aircraft operates within 120 minutes at normal engine cruising speed or 400 nautical miles, whichever is less, from land suitable for emergency landing. This condition is a prerequisite for the exemption to be effective and is intended to maintain safety standards in line with international benchmarks.
The instrument also delineates consequences for non-compliance with the conditions of the exemption. While the specific penalties for breaching the exemption conditions are not detailed in the explanatory statement, the general framework under which CASA operates suggests that breaches could result in severe civil or criminal penalties. Given that the exemption is a disallowable instrument under the Legislative Instruments Act 2003, any failure to comply with the imposed conditions could lead to legal actions, and CASA might revoke the exemption, thereby requiring the operator to revert to the standard safety requirements, including carrying life rafts as per Civil Aviation Order 20.11.