Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — firefighting vehicle colour
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Regulation 139.711 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that a person must not provide an aerodrome rescue and firefighting service at an aerodrome unless the person is approved by CASA. Airservices Australia (AA) holds a certificate of approval issued by CASA to provide Aerodrome Rescue and Fire Fighting Services (ARFFS) at various aerodromes.
Subregulation 139.795 (6) of CASR 1998 provides that vehicles used in ARFFS at an aerodrome must be of a colour permitted by the applicable standards and requirements. Paragraph 4.1.1.7 of the Manual of Standards Part 139H requires that firefighting vehicles be painted signal red in accordance with Australian Standard 2700, colour R13.
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation.
The instrument exempts AA from the requirement that all firefighting vehicles are painted “signal red”. It has been shown that red is very difficult to see in times of darkness. In the context of visibility, AA has identified that a specific “yellowish-green” is a more suitable and safer colour for their fire vehicles. The exemption will allow the introduction of new vehicles painted in a colour that has been proven to be highly visible in all operating conditions experienced by the ARFFS. CASA and service providers will, as soon as possible, commence work on changes to existing regulations.
There is no Australian Standard applicable for emergency vehicle colours. The specifications detailed in the instrument have been derived from the FAA Advisory Circular AC150/5210-5B. A minor modification to the DE value from .5 to 2.0 has been adopted following advice from DuPont Australia, who have advised that the modification will allow for a more consistent production of the specified colour.
Legislative Instruments Act
Under subsection 5 (2) of the Legislative Instruments Act 2003 (the LIA), an instrument is taken to be of a legislative character if it determines the law or alters the content of the law rather than applying the law in a particular case and it has the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right or varying or removing an obligation or right. The instrument alters the content of the law and varies an obligation. 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
Consultation under section 17 of the LIA has not been undertaken because it is of a minor or machinery nature.
The instrument commences on the day after registration. It stops having effect at the end of 31 July 2014.
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 EX81/11]