Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — public address system
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Paragraph 4.3 of Civil Aviation Order 20.16.3 (CAO 20.16.3), which applies to Air Service Operations, states that when a cabin attendant is not required to be carried in an aircraft, and the passenger seating capacity is 10 seats or more, an approved and serviceable electronic public address system shall be provided to enable the pilot in command to notify passengers when a seat belt or safety harness is to be worn. The helicopters referred to in the exemption are not required to carry a cabin attendant.
Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (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.
CASA has agreed to grant the exemption and impose conditions. Under subregulation 11.205 (1), CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation.
Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia) (the operator), is exempt from compliance with paragraph 4.3 of CAO 20.16.3. The exemption allows the relevant helicopters to be operated without a public address system if appropriate normal and emergency procedures are established and utilised. This exemption is consistent with equivalent rules in place in the U.K. and the U.S.A. in relation to the particular models of helicopters.
The conditions of the exemption set out the normal and emergency procedures that must be followed. These involve use of an In Flight Entertainment system to address passengers or, if that system is inoperative, use of the aircraft intercom to alert a passenger in the front of the aircraft to pass on messages to the other passengers. The conditions also stipulate the maximum period of time for which the entertainment system may remain inoperative and other conditions, such as the wearing of seat belts at all times while the aircraft is in flight.
Under regulation 11.210, it is an offence to fail to comply with a condition of an exemption. Under regulation 11.225, an exemption must be published on the internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement), or if no day is specified, 3 years after commencement. The exemption ceases to have effect at the end of 3 years.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of aircraft and is, therefore, legislative. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case because the instrument is a renewal of a previous instrument issued to the same operator.
Human Rights Compatibility
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Commencement and delegation
This instrument commences on 1 July 2012 and stops having effect at the end of 30 June 2015.
It has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX92/12]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide a comprehensive framework for the regulation of civil aviation safety in Australia, addressing gaps in safety compliance and operational standards within the sector. The Act empowers the Civil Aviation Safety Authority (CASA) to make regulations and grant exemptions where necessary, ensuring an acceptable level of safety is maintained. The particular exemption discussed pertains to helicopters operated by Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), which have been granted an exemption from the requirement to carry an approved public address system in aircraft with a passenger seating capacity of 10 or more seats, provided specific procedures are followed. This exemption, which aligns with similar regulations in the U.K. and U.S.A., is intended to maintain safety standards while accommodating operational realities of the specified helicopter models. The exemption and its conditions are subject to CASA's regulatory oversight and are published in accordance with the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Safety Regulations 1998, as modified by the exemption detailed in the Explanatory Statement, specifically applies to Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), in relation to certain helicopters that are not required to carry a cabin attendant and have a passenger seating capacity of 10 seats or more. This exemption pertains to the requirement of an approved and serviceable electronic public address system as outlined in paragraph 4.3 of Civil Aviation Order 20.16.3. The exemption allows for operations without a public address system provided certain normal and emergency procedures are established and utilised. These procedures involve the use of an In Flight Entertainment system to address passengers or the aircraft intercom for communication in the event the entertainment system is inoperative. The exemption is underpinned by the overarching principle of maintaining an acceptable level of safety and is subject to conditions that ensure compliance with safety standards. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. The exemption is effective from 1 July 2012 and ceases to have effect at the end of 30 June 2015, unless otherwise specified.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) and Civil Aviation Orders (CAO) provide a comprehensive framework for ensuring the safety of air operations in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, while subregulation 11.160(1) allows the Civil Aviation Safety Authority (CASA) to grant exemptions from these regulations if it is deemed safe to do so. The authority to grant such exemptions is exercised under subregulation 11.205(1), which allows CASA to impose conditions on these exemptions to maintain an acceptable level of safety. In this case, Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), has been granted an exemption from paragraph 4.3 of CAO 20.16.3, which pertains to the requirement of an approved and serviceable electronic public address system in helicopters with a passenger seating capacity of 10 or more seats and no cabin attendant on board.
The exemption granted to Lloyd Helicopters allows them to operate without a public address system, provided that appropriate normal and emergency procedures are established and followed. These procedures involve using the In Flight Entertainment system to communicate with passengers or, if it is inoperative, using the aircraft intercom to alert a passenger in the front of the aircraft to relay messages to other passengers. Additionally, the exemption includes conditions such as the requirement for passengers to wear seat belts at all times during flight and limits on the period the entertainment system may remain inoperative. The exemption conditions are designed to ensure that passengers are adequately informed of safety instructions and that the safety of air navigation is not compromised.
Failure to comply with the conditions of the exemption constitutes an offence under regulation 11.210 of the CASR 1998. This includes any deviation from the stipulated normal and emergency procedures or non-compliance with the specified operational conditions. The exemption must also be published on the internet as per regulation 11.225, ensuring transparency and accessibility of the regulatory conditions. Under subregulation 11.230(1), the exemption is valid for a period of up to 3 years from its commencement, after which it ceases to have effect unless otherwise specified.
The process of granting this exemption has been conducted under the authority provided by the Legislative Instruments Act 2003 (LIA). As a legislative instrument, the exemption is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. However, consultation under section 17 of the LIA was not undertaken in this instance as the exemption is a renewal of a previous instrument issued to the same operator. The instrument is compatible with human rights as it does not raise any human rights issues and is therefore considered compatible with the applicable rights and freedoms. The exemption commences on 1 July 2012 and ceases to have effect on 30 June 2015, unless otherwise specified within the exemption conditions.