CASA EX95/08 – Exemption – use of radiocommunication systems in firefighting operations (New South Wales Rural Fire Service)

Overview

The Civil Aviation Regulations 1988 were enacted to provide a regulatory framework for civil aviation in Australia, ensuring safety and efficiency within the sector. This particular amendment, F2008L04704, was introduced to address a specific problem: the operational constraints faced by the New South Wales Rural Fire Service (NSW RFS) during bushfire firefighting activities. Despite being trained in the use of radiocommunication systems, NSW RFS personnel often lack the requisite licences or certificates to operate such systems in compliance with the Civil Aviation Regulations 1988. This legislation, enacted by the Australian Government under the authority of the Civil Aviation Act 1988, aims to mitigate these constraints, thereby enhancing operational efficiency and safety during critical firefighting operations. The policy objective is to provide necessary flexibility to ensure effective communication during bushfire suppression, without compromising the overarching safety standards of civil aviation.

Scope and Application

The Civil Aviation Regulations 1988, as amended, contain an exemption applicable to the New South Wales Rural Fire Service (NSW RFS) and the use of radiocommunication systems during firefighting operations. This exemption is made under section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations, and under regulation 308 of the Civil Aviation Regulations 1988, which allows the Civil Aviation Safety Authority (CASA) to exempt aircraft and persons associated with their operation from certain specified provisions of the regulations. The exemption applies to the NSW RFS personnel operating radiocommunication systems during bush firefighting activities, who are not typically holders of the required licences or certificates. This exemption permits these personnel to operate the radiocommunication systems for tactical communications without needing to hold the specific licences or certificates normally required by paragraphs 83(1)(c) and (e) and subregulation 83(3) of the Civil Aviation Regulations 1988. The exemption also allows the NSW RFS, as the owner of a radiocommunication system, to permit operation by non-licence holders. The exemption is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 and comes into effect on registration, ceasing at the end of January 2011.

Key Provisions

The key operative sections of the Civil Aviation Regulations 1988 (CAR 1988) provide exemptions for the use of radiocommunication systems in firefighting operations. Specifically, section 308(3) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons associated with the operation of aircraft, from compliance with specified provisions of the CAR 1988, subject to conditions deemed necessary for safety. Paragraph 83(1)(c) of CAR 1988 generally requires that only licensed individuals may operate the radiocommunication system during flight time, while paragraph 83(1)(e) requires that the same applies when the aircraft is on the ground. Paragraph 83(2)(b) further stipulates that the owner of a radiocommunication system must ensure that only licensed individuals operate the system, unless it is not installed in an aircraft. Subregulation 83(3) of CAR 1988 extends this requirement to individuals operating radiocommunication systems that are not installed in, or carried on, an aircraft or those installed in, or carried on, an aircraft that is on the ground. The obligations imposed by this exemption pertain to the New South Wales Rural Fire Service (NSW RFS) and its personnel. The exemption allows pilots in command of Australian aircraft engaged in firefighting or firefighting training, equipped with approved radiocommunication systems, to operate these systems without needing to hold a flight radiotelephone operator licence or a student pilot licence when the aircraft is airborne or on the ground. Additionally, it exempts NSW RFS members and staff from needing to hold specific licences or certificates when operating radiocommunication systems not installed in an aircraft, provided they are used for tactical aircraft-to-aircraft and air-to-ground communications during bushfire firefighting activities. In terms of potential breaches and consequences, subregulation 308(4) of CAR 1988 classifies the exemption as a disallowable instrument under the Legislative Instruments Act 2003 (LIA). This means the exemption is subject to tabling and disallowance in Parliament. There are no specific offences or penalties outlined in the text for breaches of this exemption; however, any non-compliance with the conditions of the exemption could potentially lead to safety issues and resultant actions by CASA or other regulatory authorities. The exemption is also time-bound, ceasing to have effect at the end of January 2011, underscoring the importance of adherence to the specified conditions during its period of validity.