EXPLANATORY STATEMENT
Statutory Rules 1990 No. 334
Civil Aviation Regulations (Amendment)
(Issued by the Authority of the Minister for Shipping and Aviation Support)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
The Civil Aviation Regulations have been amended by inserting a new regulation 256A to provide for the manner in which live animals may be carried on aircraft. The purpose of regulation 256A is to prescribe conditions on the carriage of animals in aircraft to ensure that the safety of air navigation is not endangered. The onus is on the operator of an aircraft to ensure that animals are carried in the aircraft in accordance with these conditions.
Under regulation 256A an animal must be kept in a secure container while in an aircraft, and must be restrained within the container if this is necessary to prevent any dangerous alteration in the distribution of the load of the aircraft which might be caused by the movement of the animal. Two or more animals may be kept in the same container only if it would not adversely affect the safety of the aircraft. A container with an animal in it must not be kept in the passenger cabin of an aircraft except with the written permission of the Authority. Guide dogs are excepted from these requirements in certain circumstances.
Regulation 256A also requires that, in normal flight conditions, water and excreta should not be able to escape from an animal’s container. This is necessary to prevent corrosion.
The safety of an aircraft might also be endangered if the presence of an animal could adversely affect the passengers or crew. For example, the smell emanating from the animal could cause the aircraft’s crew to become nauseous and impair their ability to pilot the aircraft. Accordingly, regulation 256A prohibits the carriage of any animal that is likely to affect a person on an aircraft in a way which might endanger the safety of the aircraft.
The Regulation came into effect on the date of its notification in the Gazette.
Overview
The Civil Aviation Regulations were amended in 1990 through Statutory Rules 1990 No. 334, introducing new regulation 256A under the authority of the Minister for Shipping and Aviation Support. This amendment to the Civil Aviation Act 1988 was enacted to address the need for stringent conditions governing the carriage of live animals on aircraft to ensure the safety of air navigation. The primary objective is to mandate that animals be securely contained and restrained within their containers to prevent any hazardous shifts in the aircraft's load distribution that might arise from animal movement. Furthermore, these regulations seek to prevent potential corrosion and safety hazards by ensuring that water and excreta do not escape from animal containers, and by prohibiting the carriage of animals that could adversely affect passengers or crew, thereby ensuring the overall safety of air navigation.
Scope and Application
The Civil Aviation Regulations, as amended, apply to the carriage of live animals on aircraft, specifically imposing stringent conditions to ensure the safety of air navigation and to protect the wellbeing of passengers and crew. This amendment is applicable to aircraft operators and encompasses all animals carried on aircraft within the jurisdiction of the Commonwealth of Australia. The regulations require that animals be kept in secure containers and restrained if necessary, and that containers must be situated outside the passenger cabin unless written permission is obtained from the Civil Aviation Safety Authority. Notably, guide dogs are excluded from these requirements under certain conditions. The regulations also mandate that animal containers must be designed to prevent the escape of water and excreta, thus avoiding corrosion and other hazards. The new regulations came into effect on the date of their notification in the Gazette and any further application or exceptions are to be determined through subordinate instruments as may be issued by the relevant authority.
Key Provisions
The Civil Aviation Regulations (Amendment) introduced by Statutory Rules 1990 No. 334, under the authority of the Minister for Shipping and Aviation Support, introduces a new regulation, 256A (1), which sets forth specific conditions for the carriage of live animals on aircraft. This regulation aims to ensure the safety of air navigation by imposing requirements on the containment and restraint of animals during flight. Specifically, animals must be kept in a secure container that prevents any movement that could endanger the aircraft's balance or distribution of load (2). Moreover, multiple animals may only share a container if such an arrangement does not compromise the aircraft's safety (3). The placement of these containers is also regulated, with specific prohibition against their presence in the passenger cabin unless explicitly authorised by the Authority (4).
Under these regulations, the responsibility to adhere to these conditions lies with the operator of the aircraft (5). Operators must ensure that animals are appropriately contained and restrained and that containers are secure and capable of preventing the escape of water and excreta under normal flight conditions to avoid corrosion (6). The regulation also provides an exception for guide dogs under certain circumstances, recognising their importance for individuals with disabilities (7). Furthermore, the presence of animals that could potentially cause discomfort or distraction to the crew, such as through unpleasant odours, is strictly prohibited unless it does not endanger the aircraft’s safety (8).
Failure to comply with these regulations can result in significant consequences. While the specific penalties are not detailed in the provided text, breaches of aviation regulations typically attract penalties under the Civil Aviation Act 1988, which may include fines and other sanctions. These penalties can be severe, reflecting the critical importance of adhering to safety regulations in aviation to protect passengers, crew, and the general public. The exact penalties would depend on the severity of the breach and could be subject to further interpretation and enforcement by relevant authorities.