Civil Aviation Order 95.7 Amendment Order (No. 2) 2010

Overview

The Civil Aviation Order (CAO) 95.7 Amendment Order (No. 2) 2010 amends CAO 95.7 to provide a broader exemption from certain Civil Aviation Regulations 1988 for helicopters used in water rescue operations and other special operations. This amendment responds to the need for flexibility in regulatory requirements to accommodate the unique challenges and safety considerations of special operations, which include firefighting, search and rescue, and emergency medical services. The order was enacted by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) under the authority provided by subsection 98(1) of the Civil Aviation Act 1988. The policy objective is to facilitate safer operations by allowing exemptions subject to specific safety conditions, while ensuring that these exemptions are subject to parliamentary oversight through the tabling and disallowance provisions of the Legislative Instruments Act 2003. Although the Order is a disallowable instrument, consultation under section 17 of the LIA was not undertaken as the amendment was deemed to have a low impact on business compliance costs.

Scope and Application

The Civil Aviation Order 95.7 Amendment Order (No. 2) 2010 applies to the general operations of helicopter emergency medical services, firefighting, search and rescue, and other special operations, providing exemptions from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988). This legislative instrument, made under the authority of the Civil Aviation Act 1988, pertains to the Civil Aviation Safety Authority (CASA) which has the power to exempt specific aircraft from compliance with certain CAR 1988 provisions if it is deemed necessary for safety. The exemptions, however, are subject to conditions specified by CASA, and the authority to exempt is limited by the need to comply with safety standards. The exemptions apply to all operators undertaking these special operations, and the regulations are designed to facilitate the unique and often urgent circumstances associated with these activities. These provisions extend across the Commonwealth of Australia, ensuring a uniform approach to aviation safety and operations. The exemptions provided by the CAO Amendment are specific to the conduct of special operations and do not extend to general commercial or private aviation activities. The regulations are subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Order 95.7 Amendment Order (No. 2) 2010 modifies existing regulations to further clarify and expand the scope of exemptions for helicopters used in water rescue operations, as well as other special operations. Section 98(1) of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations for aviation safety, and subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to exempt aircraft from specific CAR 1988 provisions, subject to safety conditions. The amendment to Civil Aviation Order (CAO) 95.7 now extends these exemptions to a broader range of operations, including firefighting, search and rescue, and emergency medical services. Under this amendment, helicopters engaged in special operations can now be exempt from certain CAR 1988 provisions, such as those related to the picking up of persons and objects by an aircraft in flight, carrying persons on the undercarriage, and not wearing a seat belt for water rescue personnel. Additionally, helicopters can be exempt from minimum height requirements and restrictions on proximity to other aircraft during hovering, air transiting, air taxiing, or ground taxiing. These exemptions are granted to ensure operational flexibility and safety during critical missions. However, any exemption issued by CASA is subject to specific conditions that must be met to maintain safety standards. Entities and individuals benefiting from these exemptions must comply with all stipulated conditions, ensuring that safety remains paramount. Failure to adhere to these conditions could result in the revocation of the exemption, potentially leading to compliance with the original CAR 1988 provisions, which could hinder operational efficiency during critical missions. Furthermore, subregulation 308(4) of CAR 1988 identifies these exemptions as disallowable instruments under the Legislative Instruments Act 2003 (LIA). This means that any exemption granted is subject to tabling and potential disallowance by Parliament, adding a layer of oversight to ensure that safety standards are not compromised. Violating the conditions of these exemptions or failing to comply with the original CAR 1988 provisions when an exemption is revoked could result in various civil or criminal consequences, depending on the severity of the breach. Penalties could include fines or, in more severe cases, prosecution. The exact penalties would depend on the specific provision breached and the circumstances of the violation. It is crucial for all operators to understand and adhere to the terms of their exemptions and the underlying regulations to avoid these consequences.