CASA EX81/11 – Exemption – firefighting vehicle colour

Overview

The Civil Aviation Safety Regulations 1998, as amended by the F2011L01606 instrument, address the issue of visibility for firefighting vehicles used in aerodrome rescue and firefighting services, particularly in low-light conditions. The Civil Aviation Act 1988 empowers the Governor-General to enact regulations for air navigation safety, and these regulations mandate that firefighting vehicles must adhere to specified colour standards. Airservices Australia, which provides these services, has identified that a "yellowish-green" colour is more effective for visibility under all conditions. Therefore, the instrument exempts Airservices Australia from the requirement to paint firefighting vehicles signal red, allowing them to use the more visible yellowish-green colour instead. This exemption was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority, with a view to maintaining safety standards while enhancing the effectiveness of emergency responses.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide extensive regulation of civil aviation safety in Australia, including provisions that govern the safety of aerodrome rescue and firefighting services. Specifically, subregulation 139.711 of CASR 1998 mandates that only approved entities can provide such services at aerodromes, with Airservices Australia (AA) being one such approved entity. Furthermore, subregulation 139.795(6) stipulates that firefighting vehicles used in these services must adhere to specified colours as outlined in applicable standards. This legislation applies to all entities involved in providing aerodrome rescue and firefighting services at aerodromes within Australia, ensuring compliance with safety standards set forth by the Civil Aviation Safety Authority (CASA). However, this particular regulation provides an exemption to AA from the requirement that firefighting vehicles must be painted in signal red, allowing instead for vehicles to be painted in a "yellowish-green" colour, which has been identified as more suitable and safer for their operations, particularly in low-light conditions. The exemption is designed to enhance visibility and safety, reflecting CASA's paramount consideration for maintaining an acceptable level of safety in air navigation. The exemption is subject to conditions and is limited to a specific timeframe, ending on 31 July 2014.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) stipulate that an approved entity must provide aerodrome rescue and firefighting services at an aerodrome (subsection 98(1) of the Civil Aviation Act 1988), and that vehicles used in these services must adhere to specific colour requirements (subregulation 139.795(6) of CASR 1998). Airservices Australia (AA) is one such approved entity and holds a certificate of approval issued by the Civil Aviation Safety Authority (CASA) to provide these services at various aerodromes. Under the current regulations, firefighting vehicles must be painted in signal red as per Australian Standard 2700, colour R13 (paragraph 4.1.1.7 of the Manual of Standards Part 139H). However, the Civil Aviation Safety Regulations 1998 also allow CASA to grant exemptions from compliance with certain provisions (subregulation 11.160(1) of CASR 1998). In this case, the exemption focuses on the colour requirement for firefighting vehicles, allowing AA to use vehicles painted in a specific yellowish-green colour, which has been shown to be more visible in all operating conditions, including times of darkness. This decision was made to enhance safety, as red is difficult to see in low-light conditions. The obligations imposed by the Act and the subsequent exemption require AA to ensure that their firefighting vehicles meet the visibility standards set forth in the regulations. CASA can impose conditions on the exemption if necessary to maintain safety standards (subregulation 11.205(1) of CASR 1998). Furthermore, the exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA), as it alters the content of the law and varies an obligation. However, consultation under section 17 of the LIA was not undertaken as it was deemed of a minor or machinery nature. The exemption does not introduce any new offences or penalties; it merely provides a condition under which the usual regulatory requirements can be temporarily waived for the sake of safety. The instrument is effective from the day after its registration and ceases to have effect by the end of 31 July 2014. This temporary measure allows for the introduction of safer vehicles without the need for a permanent change in the regulations, which will be reviewed and potentially updated as CASA and service providers work on more permanent solutions.