CASA EX85/10 – Exemption – use of radiocommunication systems in firefighting operations (Western Australia)

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulations concerning civil aviation in Australia. This legislation was introduced to address the need for a cohesive regulatory framework that governs the safety, security, and efficiency of civil aviation operations. The CAR 1988 is administered by the Civil Aviation Safety Authority (CASA), an agency of the Australian Government responsible for regulating the civil aviation industry. In the context of the instrument CASA EX85/10I, the policy objective was to facilitate the use of radiocommunication systems during firefighting operations by exempting certain individuals from specific compliance requirements of the CAR 1988. This was achieved by granting exemptions to pilots, members and staff of the Department of Environment and Conservation and the Fire and Emergency Services Authority of Western Australia, and aviation radio operators, subject to specified conditions, to enhance coordination and communication during firefighting efforts.

Scope and Application

The instrument CASA EX85/10I, issued under regulation 308 of the Civil Aviation Regulations 1988, applies specifically to the pilot in command of an Australian aircraft equipped with an approved radiocommunication system, members and staff of the Department of Environment and Conservation (DEC) and the Fire and Emergency Services Authority (FESA) of Western Australia, as well as aviation radio operators who are employees of either the DEC or FESA. The exemption from certain regulatory requirements is applicable during firefighting operations involving the DEC and FESA. The pilot in command is exempt from specific compliance obligations under the Civil Aviation Regulations 1988 when engaged in such operations, while DEC and FESA members and staff are exempt from certain duties related to the use of radiocommunication systems. Similarly, aviation radio operators are exempt from certain operational conditions when using radiocommunication systems in the course of their duties. These exemptions are conditional upon completion of specific training, competency assessments, and adherence to allocated aviation bandwidth VHF AM frequencies designated for firefighting activities by Airservices Australia and the Australian Communications and Media Authority.

Key Provisions

The main operative sections of the instrument (F2010L02570) pertain to the duration, application, and specific exemptions granted to certain parties involved in firefighting operations in Western Australia. Section 1 states that the instrument commences on 1 November 2010 and ceases to have effect on 31 October 2012. Section 2 identifies the application of this instrument to the pilot in command of an Australian aircraft with a radiocommunication system, members and staff of the Department of Environment and Conservation (DEC) and the Fire and Emergency Services Authority of Western Australia (FESA), as well as aviation radio operators who are members or staff of the DEC or the FESA. Section 3 outlines the exemptions granted to these parties, while Section 4 notes that these exemptions are subject to specific conditions detailed in Schedule 1. The obligations imposed by this Act require the pilot in command, DEC and FESA staff, and aviation radio operators to comply with certain conditions when operating radiocommunication systems during firefighting operations. Specifically, Section 3(1) exempts the pilot in command from compliance with certain paragraphs of the Civil Aviation Regulations 1988 (CAR 1988) when engaged in firefighting operations. Section 3(2) exempts DEC and FESA members and staff from compliance with a specific paragraph of CAR 1988, while Section 3(3) exempts aviation radio operators from compliance with a subregulation of CAR 1988 in the course of their duties. However, these exemptions are subject to the conditions set out in Schedule 1, which require DEC and FESA staff to complete a prescribed training course, be assessed as competent by the Aviation Manager, Fire Management Services, DEC, or their delegate, and use only the allocated aviation bandwidth VHF AM frequencies for tactical aircraft-to-aircraft and air-to-ground communications during fire suppression and prevention operations or training for such operations. The instrument does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the conditions set out in Schedule 1 may result in the loss of the exemptions granted by this instrument, potentially leading to legal consequences under the Civil Aviation Regulations 1988 or other applicable legislation. It is important to note that the absence of specific penalties in this instrument does not necessarily mean that there are no legal repercussions for non-compliance; rather, it implies that any such consequences would be governed by other relevant laws.