CASA EX64/07 – Exemption – provision of Part 139H of CASR 1998 – Application of foam by attack vehicle monitor

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the legal framework for ensuring the safety of air navigation in Australia. In 2007, an exemption was introduced under the Civil Aviation Act 1988 to address a specific issue raised by Airservices Australia (AA), a certified provider of Aerodrome Rescue and Fire Fighting Services (ARFFS). This exemption, granted by the Civil Aviation Safety Authority (CASA) under subregulation 11.160 of the CASR 1998, allows AA to deviate from the requirement in subregulation 139.845(4) of CASR 1998 that firefighters receive core competency training for the application of foam onto a fire by an attack vehicle monitor every 90 days. The policy objective of this exemption is to maintain an acceptable level of safety while considering the practical difficulties AA faces in meeting the training frequency due to increased aircraft activity and environmental concerns. This exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003 and is effective until the end of November 2009.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) apply to entities providing Aerodrome Rescue and Fire Fighting Services (ARFFS), with Airservices Australia being a key approved provider under this category. This legislation aims to ensure the safety of air navigation by imposing various requirements on ARFFS providers, including training standards for firefighters. Specifically, the regulation mandates that firefighters receive core competency training in the application of foam onto a fire by an attack vehicle monitor at least every 90 days. Airservices Australia sought an exemption from this particular requirement, arguing that the frequency of training was more stringent than in comparable international jurisdictions and could lead to environmental contamination due to increased aircraft activity. The exemption granted by the Civil Aviation Safety Authority (CASA) allows for monitor skills training every 90 days, but mandates actual foam application training only every 180 days, aligning more closely with international standards. The exemption, declared as a disallowable instrument under the Legislative Instruments Act 2003, is subject to disallowance in Parliament and applies exclusively to Airservices Australia, though similar exemptions may be granted to other entities under similar conditions.

Key Provisions

The key operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) as amended by this instrument concern the exemption granted to Airservices Australia (AA) from certain training requirements. Specifically, subregulation 139.845(4) of CASR 1998, which mandates ongoing training for firefighters, is partially exempted for AA. The exemption pertains to the requirement that firefighters receive core competency training in the application of foam by an attack vehicle monitor every 90 days as per paragraph 20.1.3.3(a) of the Manual of Standards – Part 139H (MOS). Instead, AA is required to undertake monitor skills training every 90 days and actual foam application every 180 days. This Act imposes specific obligations on Airservices Australia as an approved provider of Aerodrome Rescue and Fire Fighting Services (ARFFS). While AA remains subject to the overarching requirements of Part 139H of CASR 1998 and the MOS, this exemption allows for a modified training schedule. The modified schedule aims to balance safety with practical constraints arising from increased aircraft activity and environmental considerations. Furthermore, the exemption is conditional, meaning that AA must adhere to the prescribed training intervals and any additional conditions imposed by the Civil Aviation Safety Authority (CASA). The Act does not explicitly outline offences or penalties for breaching the terms of the exemption. However, any deviation from the conditions of the exemption could potentially lead to CASA revoking the exemption or taking other regulatory actions to ensure compliance with safety standards. Non-compliance with CASR 1998 generally can result in significant penalties. For instance, under regulation 11.240 of CASR 1998, a person who contravenes a regulation may be liable to a penalty of up to $22,200 for a strict liability offence and higher penalties for offences involving intentional or reckless conduct. Additionally, CASA can take enforcement actions such as issuing fines, imposing conditions, or even cancelling the approval of an ARFFS provider if safety is compromised. Given the legislative framework, it is paramount that Airservices Australia adheres to the modified training requirements and any conditions stipulated by CASA. Failure to do so could not only result in regulatory penalties but also potentially compromise the safety standards essential for the provision of ARFFS at Australian aerodromes.