EXPLANTORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
REVOCATION AND REPLACEMENT OF SECTION 95.7.3
EXEMPTION OF CERTAIN HELICOPTERS FROM COMPLIANCE WITH THE PROVISIONS OF SUBREGULATION 174B (2) OF THE CIVIL AVIATION REGULATIONS 1988
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) may, among other things, exempt an aircraft from compliance with specified provisions of car 1988. Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety.
Section 95.7.3 of the Civil Aviation Orders (the Orders) contained an exemption from subregulation 174B (2) of CAR 1988. The exemptions applied only to helicopters engaged in charter operations at night for hire or reward for the purpose of transferring marine pilots.
Subregulation 174B (2) of CAR 1988 prohibits the conduct of single engine aircraft at night under the Visual Flight Rules in charter operations that involve the carrying of passengers for hire or reward unless certain conditions are met. Section 95.7.3 of the Orders permitted the carriage of marine pilots without meeting those conditions. The flight crew must however have been trained for such operations and the aircraft had to carry certain equipment.
This Order revokes and remakes section 95.7.3. 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 However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.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 of government 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. R62) 2004]
Overview
The Civil Aviation Amendment Order (No. R62) 2004 was enacted to revise and ensure compliance of the Civil Aviation Orders with the Legislative Instruments Act 2003, which was set to come into effect on 1 January 2005. This Order specifically addresses the revocation and replacement of section 95.7.3, which previously provided an exemption for certain helicopters from compliance with subregulation 174B(2) of the Civil Aviation Regulations 1988. The exemption allowed helicopters engaged in charter operations at night for the transfer of marine pilots, without the need to meet certain conditions required for other charter operations under the Visual Flight Rules. The remake of section 95.7.3 does not alter existing law or policy, but rather ensures that the Orders meet the technical requirements of the Legislative Instruments Act 2003, and also includes updates to outdated references and gender-neutral wording. The Order was issued by the Director of Aviation Safety under the authority of subsection 84A(2) of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Amendment Order (No. R62) 2004 concerns the revocation and replacement of section 95.7.3 of the Civil Aviation Orders, which previously contained an exemption from subregulation 174B(2) of the Civil Aviation Regulations 1988 for helicopters engaged in charter operations at night for hire or reward for the purpose of transferring marine pilots. This Order applies to the Civil Aviation Safety Authority (CASA) and to operators of helicopters involved in the specified charter operations. The geographic reach of the Order is national, as it pertains to activities occurring within Australia, governed by the Civil Aviation Act 1988. The Order is a remaking of existing law, intended to ensure compliance and consistency with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The exemption remains unchanged in substance, with the primary modifications being updates to legislative references and the introduction of gender-neutral language. No significant changes to existing law or policy are introduced by this Order, and the regulatory impact is deemed minor, thus not requiring a Regulation Impact Statement. The Order came into effect upon gazettal.
Key Provisions
The Civil Aviation Amendment Order (No. R62) 2004, as referenced in the explanatory statement, primarily involves the revocation and replacement of Section 95.7.3 of the Civil Aviation Orders. This section previously contained an exemption for certain helicopters engaged in charter operations at night for the purpose of transferring marine pilots, from the compliance requirements of subregulation 174B(2) of the Civil Aviation Regulations 1988 (CAR 1988). The exemption allowed for these specific operations under conditions that ensured safety, such as requiring the flight crew to be trained for night operations and the aircraft to be equipped with certain necessary equipment (Subregulation 308(1) and (3) of CAR 1988). The amendment ensures that the Orders comply with the technical requirements of the Legislative Instruments Act 2003, which comes into effect on 1 January 2005. Despite the amendment, the existing legal framework and policies remain unchanged; the primary intent is to align the Orders with modern legislative standards and to update any outdated references and terminology within the Orders.
In terms of obligations and requirements, the Civil Aviation Amendment Order (No. R62) 2004 imposes specific conditions on helicopters that are granted an exemption from subregulation 174B(2) of CAR 1988. These conditions are designed to maintain the highest safety standards, ensuring that only qualified flight crews and properly equipped aircraft are permitted to operate under this exemption. For instance, flight crews must be adequately trained for night operations, and the aircraft must carry specific equipment as required by the Civil Aviation Safety Authority (CASA). CASA retains the authority to specify these conditions under subregulation 308(3) of CAR 1988, ensuring that any exemptions granted are in the interest of safety. This regulatory framework ensures that while certain operational flexibility is provided, the overarching priority of safety is upheld.
The Civil Aviation Amendment Order (No. R62) 2004 also delineates the consequences of non-compliance with the regulations and conditions set forth by CASA. Any breach of the conditions specified for the exemption from subregulation 174B(2) of CAR 1988 could potentially lead to civil or criminal penalties. Although the specific penalties are not detailed in the explanatory statement, it is understood that non-compliance with civil aviation regulations can result in severe consequences, including fines and imprisonment, depending on the severity of the breach. The precise penalties would be determined based on the specific regulations breached and the circumstances surrounding the non-compliance. The overarching aim is to deter non-compliance and ensure that all operations are conducted safely and in accordance with regulatory standards.