EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
REVOCATION AND REPLACEMENT OF SECTION 20.10
HOT REFUELLING — HELICOPTERS
Subregulation 235 (7) of the Civil Aviation Regulations 1988 provides that the Civil Aviation Safety Authority (CASA) may, for the purpose of ensuring the safety of air navigation, give directions with respect to the method of loading persons and goods, including fuel, on aircraft.
Section 20.10 of the Civil Aviation Orders contained directions relating to the hot refuelling of helicopters (refuelling with its engine or engines running). The section set out the responsibilities of the operator and the pilot in command. The operator had to be satisfied that the helicopter configuration permitted hot refuelling and had to set out appropriate procedures in the operations manual.
The pilot in command had to ensure that the hot refuelling was carried out in accordance with section 20.10 and the prescribed procedures.
This Order revokes and remakes section 20.10. This has been done as part of a scheme to review the Civil Aviation Orders, and, in particular, to ensure that they are in a position to meet the technical requirements of the Legislative Instruments Act 2003 when it comes into effect on 1 January 2005. The remake does not involve any changes in existing law or policy in the Order. The Order is being remade solely for the purpose of ensuring compliance and consistency with the Legislative Instruments Act 2003 when it commences on 1 January 2005. However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.
The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the remake is of a minor or machinery nature.
The Order has been issued by the Director of Aviation Safety in accordance with subsection 84A (2) of the Civil Aviation Act 1988.
The Order came into effect on gazettal.
[Civil Aviation Amendment Order (No. R11) 2004]
Overview
The Civil Aviation Amendment Order (No. R11) 2004 amends the Civil Aviation Orders by revoking and replacing section 20.10 concerning the hot refuelling of helicopters. The original section 20.10 outlined the procedures and responsibilities for operators and pilots during hot refuelling operations. This amendment was enacted to align the Civil Aviation Orders with the technical requirements of the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The policy objective behind this change was to ensure consistency and compliance with the new legislative framework, while also updating outdated references and introducing gender-neutral language. Importantly, the Office of Regulation Review determined that a Regulation Impact Statement was not necessary due to the minor nature of these amendments. The Order was issued by the Director of Aviation Safety in accordance with the Civil Aviation Act 1988 and came into effect upon gazettal.
Scope and Application
The Civil Aviation Amendment Order (No. R11) 2004 concerns the revocation and replacement of section 20.10 of the Civil Aviation Orders, which pertains to the hot refuelling of helicopters. This legislative instrument applies to operators and pilots in command of helicopters in Australia, ensuring compliance with safety directives regarding the refuelling process. The Civil Aviation Safety Authority (CASA) retains the authority to issue directions concerning the method of loading persons, goods, and fuel onto aircraft, including specific procedures for hot refuelling, to maintain the safety of air navigation as outlined in subregulation 235(7) of the Civil Aviation Regulations 1988. The geographical scope of this Order is nationwide, encompassing all helicopter operations within Australia. Notably, the Order does not introduce any substantive changes to existing law or policy but serves to align with the Legislative Instruments Act 2003, ensuring compliance and consistency. Additionally, the Order updates legislative references and adopts gender-neutral language. As the changes are minor and primarily technical, a Regulation Impact Statement was deemed unnecessary. The Order came into effect upon its gazette and was issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The primary operative sections of this Order, as referenced in the Explanatory Statement, pertain to the revocation and replacement of section 20.10 within the Civil Aviation Orders. This section, originally found in the Civil Aviation Orders, concerned the specific regulations regarding the hot refuelling of helicopters. The Civil Aviation Safety Authority (CASA) is empowered to issue directions concerning the loading of persons, goods, and fuel on aircraft, as outlined in subregulation 235(7) of the Civil Aviation Regulations 1988. Section 20.10 detailed the procedures for hot refuelling, establishing the obligations of the operator and the pilot in command. The operator must ensure the helicopter is configured to permit hot refuelling and must document these procedures in the operations manual. The pilot in command is required to conduct the hot refuelling in accordance with section 20.10 and the prescribed procedures.
The Order imposes several obligations on the parties it governs, namely the operator and the pilot in command of a helicopter. The operator must be satisfied that the helicopter is configured to safely allow for hot refuelling, meaning the aircraft must meet specific technical requirements that permit this operation. This configuration must be clearly documented in the operations manual, which serves as a reference for all crew members. The pilot in command, on the other hand, must ensure that the hot refuelling is performed strictly in accordance with section 20.10 of the Civil Aviation Orders and the documented procedures in the operations manual. This dual responsibility ensures that both the technical setup of the helicopter and the practical execution of the refuelling process adhere to safety standards.
Breaches of the provisions outlined in this Order may have legal consequences, although the Explanatory Statement does not detail specific offences, penalties, or civil/criminal consequences for non-compliance. Typically, violations of civil aviation regulations can lead to enforcement actions by CASA, which may include fines, suspension or revocation of operational permits, and other regulatory penalties. Given that the Order is a machinery order intended to align with the Legislative Instruments Act 2003, it is likely that any enforcement actions would be consistent with other aviation safety regulations. However, the precise penalties would depend on the nature and severity of the breach, as well as any additional regulations or legislative provisions that apply.