Explanatory Statement
Civil Aviation Regulations 1988
Exemption — use of radiocommunication systems in firefighting operations
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the safety of air navigation.
Exemption under CASR 1998
The exemption is issued under regulation 11.160 of the Civil Aviation Safety Regulations 1998.
Radiocommunication systems
Under paragraph 83 (1) (a) of the Civil Aviation Regulations 1988 (CAR 1988), the pilot in command of an Australian aircraft with an approved radiocommunication system must not use, or allow use of, the system except in accordance with CASA’s directions.
Under paragraph 83 (1) (c), the pilot must not allow a person to use the system in flight if the person does not hold a flight radiotelephone operator licence (FROL) or a student pilot licence.
Under paragraph 83 (1) (d), the pilot must not operate the system while the aircraft is on the ground if the pilot does not hold an aircraft radiotelephone operator certificate of proficiency (AROCOP), a FROL, a Radiocommunications Act 1992 licence, or a student pilot licence.
Under paragraph 83 (1) (e), the pilot must not allow another person to operate the system while the aircraft is on the ground if the person does not hold a certificate or licence mentioned for paragraph 83 (1) (d).
Under paragraph 83 (2) (b) of CAR 1988, the owner of a radiocommunication system used to ensure the safety of air navigation, but not installed in, or carried on, an aircraft, must not allow another person to operate the system, if the person is not a holder of a certificate or licence mentioned for paragraph 83 (1) (d).
Under subregulation 83 (3), a person must not operate (for aviation safety purposes), a radiocommunication system that is not installed in, or carried on, an aircraft, or is installed in, or carried on, an aircraft that is on the ground, if the person does not hold a certificate or licence mentioned for paragraph 83 (1) (d).
Background
During the conduct of aerial firefighting and other aerial emergency operations involving firefighters, such as flood relief, relevant personnel must use radiocommunication systems for tactical aircraft-to-aircraft and air-to-ground communications.
Under regulation 83 of CAR 1988, obligations are imposed on firefighters and emergency control authorities (ECA) in relation to their use of aviation radios.
State and Territory fire authorities, through their representative body, National Aerial Firefighting Centre (NAFC), have asked CASA to review and standardise its views and processes for firefighting use of aviation radios.
In light of this, CASA wishes to standardise its relevant approval processes and safety mitigators.
Emergency control authorities responsible for firefighting, and for the deployment of firefighters in other emergencies such as flood relief, train their personnel in specific radio requirements for specific tasks. For this purpose, the full syllabus for a FROL or an AROCOP is not required and the imposition of such a requirement is not considered to be justified.
Provided that appropriate safety conditions are in place, CASA considers that it is not essential for fire service personnel to hold a FROL or an AROCOP. The exemption instrument is designed to implement this approach.
Exemption
The exemption exempts the pilot in command of an Australian aircraft in a firefighting operation: from the requirements of paragraph 83 (1) (c) of CAR 1988 (not permitting operation of the radiocommunication system in flight by a person who does not hold a FROL or a student pilot licence); and from the requirements of paragraph 83 (1) (e) not permitting operation of a radiocommunication system when on the ground, by a person who is not the holder of a FROL, an AROCOP, a Radiocommunications Act licence or a student pilot licence.
The exemption exempts the owner of a radiocommunication system from compliance with paragraph 83 (2) (b) of CAR 1988 (not permitting the operation of a radiocommunication system not installed on an aircraft, for aviation safety purposes, unless the person operating the system holds a FROL, an AROCOP, a Radiocommunications Act licence, or a student pilot licence).
The exemption exempts each firefighter from compliance with subregulation 83 (3) of CAR 1988 (not operating a radiocommunication system not installed on an aircraft, or installed on an aircraft that is on the ground, for aviation safety purposes unless he or she holds a FROL, an AROCOP or a Radiocommunications Act licence).
Conditions
The exemptions are subject to a condition which is based on a requirement that the firefighter who uses the radiocommunication system must have satisfactorily completed a course of training in accordance with an NAFC syllabus, approved by CASA, and delivered by NAFC or its certified agent.
Additionally, since State and Territory fire authorities have been allocated certain aviation bandwidth VHF AM frequencies by Airservices Australia and the Australian Communications and Media Authority for use during bush firefighting activities, it is also a condition that only these frequencies are used.
Human rights compatibility
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights and does not raise any human rights issues.
Human rights implications
The instrument sets out an exemption from legislative requirements as described above. The instrument does not engage any of the applicable rights or freedoms.
Legislative Instruments Act 2003 (the LIA)
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of persons under the definition of firefighter. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken except with NAFC. The instrument constitutes an advantageous adjustment to requirements for use of radiocommunications in firefighting operations and exempts persons from certain requirements provided compensating safety conditions are met.
Thus, the firefighter must successfully complete an approved course (as defined), be assessed and certified as competent by the NAFC or a trainer, and undertake the recurring competency training required by the approved course.
Finally, the firefighter may only use the allocated aviation bandwidth VHF AM frequencies for tactical aircraft-to-aircraft and air-to-ground communications during firefighting that is a fire suppression or fire prevention operation, or another emergency operation in which the firefighter is involved with the authorisation of the relevant ECA.
Office of Best Practice Regulation (OBPR)
OBPR does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that it will have only a nil to low impact on business.
Commencement and making
The instrument commences on the day after registration. It stops having effect at the end of March 2015.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX62/12]