CASA EX59/09 - Exemption - public address system

Overview

The Civil Aviation Regulations 1988, enacted to ensure the safety and efficiency of civil aviation in Australia, were supplemented by F2009L02933, a legislative instrument issued under the authority of the Civil Aviation Act 1988. This particular legislative instrument, CASA EX59/09, was introduced to address a specific gap in compliance requirements for certain aircraft operated by Skytrans Pty Ltd, trading as Skytrans Airlines. The exemption, which was made by a delegate of the Civil Aviation Safety Authority (CASA) in accordance with subregulation 7(1) of the Civil Aviation Regulations 1988, allows the operator to deviate from certain regulatory provisions concerning the installation and use of public address systems in aircraft with a passenger seating capacity of 10 seats or more, provided that alternative normal and emergency procedures are established and followed. The exemption is subject to conditions designed to ensure that the safety of passengers and crew is not compromised. It is also subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, although consultation under section 17 of that Act was not undertaken as the exemption is similar to previous instruments issued to other operators and renews an existing exemption.

Scope and Application

The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to exempt certain aircraft or persons associated with the operation of an aircraft from specified provisions of the Civil Aviation Regulations 1988, provided that such exemptions do not compromise safety. Specifically, Skytrans Pty Ltd, trading as Skytrans Airlines, has been granted an exemption under subregulation 308(1) of the Civil Aviation Regulations 1988. This exemption allows the company to operate aircraft without a public address system, provided that alternative normal and emergency procedures are established and followed, as outlined in the conditions of the exemption. The exemption applies to aircraft that are not required to carry a cabin attendant and have a passenger seating capacity of ten seats or more. The exemption is applicable nationally and is subject to the conditions set by CASA, which are aimed at ensuring safety. The exemption is also subject to disallowance in Parliament under the Legislative Instruments Act 2003. The exemption does not require additional consultation as it renews a previous exemption and is similar to those previously issued to other operators.

Key Provisions

The key operative sections of this legislation concern exemptions from compliance with specific provisions of the Civil Aviation Regulations 1988 (CAR 1988). Under subregulation 308(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) has the power to exempt an aircraft or persons associated with the operation of an aircraft from compliance with specified provisions of CAR 1988. This exemption can be issued subject to such conditions as CASA considers necessary in the interests of safety (subregulation 308(3) of CAR 1988). The exemption in question pertains to subregulations 207(2) and (3) of CAR 1988, which require that an Australian aircraft must be fitted with, or carry, equipment approved and directed by CASA, and that such equipment must be used in accordance with CASA’s directions. Additionally, the exemption covers subregulation 252(1) of CAR 1988, which allows CASA to give directions regarding emergency systems and equipment necessary for safeguarding the aircraft and persons on board. The obligations imposed by this legislation on the parties it governs, specifically Skytrans Pty Ltd trading as Skytrans Airlines, include the establishment and utilisation of appropriate normal and emergency procedures in lieu of the mandatory public address system. These procedures must be detailed in the conditions of the exemption, which are designed to ensure safety in the absence of a public address system. Moreover, the exemption is subject to tabling and disallowance in Parliament, as it is deemed a legislative instrument under the Legislative Instruments Act 2003 (LIA). This means that the exemption must be tabled in Parliament and can be disallowed by either house within a specified period. The legislation also outlines potential consequences for non-compliance. Although specific penalties are not detailed in the explanatory statement, non-compliance with CASA regulations can generally result in enforcement actions, which may include fines, suspension or revocation of operating permits, and other civil or criminal penalties. The severity of these penalties can vary based on the nature and extent of the non-compliance. It is important to note that the exemption itself is a legislative instrument and is subject to disallowance in Parliament, which provides an additional layer of oversight and accountability.