CASA EX66/08 – Exemption – navigation and anti-collision lights

Overview

The Civil Aviation Regulations 1988, enacted to establish regulations for the safety of air navigation under the Civil Aviation Act 1988, were amended by the Legislative Instruments Act 2003 to include provisions for exemptions such as the one addressed here. This specific exemption, outlined in the explanatory statement, targets the operational requirements for navigation and anti-collision lights on aircraft used by Aerorescue Pty Limited for covert surveillance operations. The exemption was introduced to address the operational needs of the company in conducting search and rescue missions, which sometimes require the deactivation of external aircraft lights for operational effectiveness. The exemption was enacted by a delegate of the Civil Aviation Safety Authority in accordance with the Civil Aviation Regulations 1988, and it applies to operations conducted up until the end of September 2009. The policy objective is to allow for necessary covert operations while maintaining safety standards through the use of surveillance equipment and operational conditions.

Scope and Application

The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, apply to all aircraft operating in Australian airspace, encompassing both commercial and private aircraft, as well as their operators and pilots. This particular exemption, detailed in the Civil Aviation Order 20.18, pertains specifically to Aerorescue Pty Limited, which operates turboprop aircraft for search and rescue missions contracted to the Australian Maritime Safety Authority. The exemption allows Aerorescue to conduct covert surveillance operations with certain navigation and anti-collision lights turned off, provided specific conditions are met, such as the operation of their ELTA radar system. This exemption, which is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, aims to mitigate risks associated with these covert operations. The exemption is applicable nationally and is effective from the day after registration until 30 September 2009.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) include several provisions concerning the requirements for aircraft lights, particularly navigation and anti-collision lights. Subregulation 207(2) of CAR 1988 mandates that Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) or directed by CASA. Specifically, Clause 3 of Appendix V of Civil Aviation Order 20.18 stipulates that aircraft must have two landing lights, except for certain operations where one light is sufficient. Subregulation 195(1) further requires that both the pilot in command and the aircraft operator comply with the rules regarding the display of lights at night and in poor visibility conditions. Subregulation 196(1A) of CAR 1988 mandates that the operator and pilot in command must ensure that the required lights are displayed, and subregulation 196(3) specifies that an aeroplane in flight or on the manoeuvring area of a land aerodrome must display an anti-collision light unless otherwise directed by CASA. The obligations imposed by the Act and the associated regulations require the operator of an aircraft to ensure compliance with the lighting requirements, unless exempt by a specific regulation. In this case, Aerorescue Pty Limited, the operator of sophisticated turboprop aircraft, has been granted an exemption to perform covert surveillance operations. To mitigate risks, the operator must ensure that the Electronic Location and Tracking Array (ELTA) radar system remains operative, allowing for effective surveillance and detection of personnel, aircraft, and marine craft. This exemption is aimed at allowing the operator to perform its search and rescue duties without the need to display some of the required lights, which could compromise the covert nature of the operations. The legislation also imposes specific penalties and consequences for non-compliance with the regulations. Subregulation 308(4) of CAR 1988 declares the instrument to be a disallowable instrument under the Legislative Instruments Act 2003 (LIA). This means that the exemption is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. The exemption is a legislative instrument and, as such, must be registered and ceases to have effect on 30 September 2009. Failure to adhere to these regulations and the conditions of the exemption could result in enforcement actions, including potential civil or criminal penalties, depending on the severity and nature of the breach. The specific maximum penalties for non-compliance with these regulations are not detailed in the explanatory statement but would be found within the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988.