Civil Aviation Regulations (Amendment) 1996 No. 88
EXPLANATORY STATEMENT
Statutory Rules 1996 No. 88
(Issued by the authority of the Minister for Transport and Regional Development)
Civil Aviation Act 1988
Civil Aviation Regulations (Amendment)
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 the interests of the safety of air navigation.
Regulation 252A of the Civil Aviation Regulations (the Regulations) provided that on and after 1 July 1996 most Australian aircraft must not begin a flight unless fitted with an emergency locator transmitter (ELT) meeting one of two specified technical standards (TSO C91 a and TSO C126). Exemptions from the requirement were provided for:
* high capacity aircraft engaged in regular public transport operations;
* balloons, airships and gliders;
* aircraft flying to a place where an ELT can be fitted, repaired or overhauled;
* aircraft flying within 25 miles of the aerodrome from which the flight started, or in a training area associated with that aerodrome.
Following extensive consultation with the aviation industry, the Civil Aviation Safety Authority (CASA) decided that this requirement was too restrictive. About 30% of aircraft in the Australian fleet are fitted with ELTs meeting the TSO C91 standard. CASA decided that it is not necessary to require these ELTs to be replaced with ELTs meeting the newer standards until they become unserviceable. CASA also decided that there are other kinds of aircraft and flights which should be exempted from the requirement. These changes bring the Australian ELT requirement generally into line with the requirement imposed by the Federal Aviation Regulations in force in the United States of America.
In accordance with government policy, portable ELTs, portable emergency position indicating radio beacons and personal locator beacons are to be permitted to be carried in aircraft in place of fixed, automatically activated ELTs. These ELTs and beacons must meet a specified Ministerial Standard issued under the Radiocommunications Act 1983, a specified standard jointly issued by Standards Australia and Standards New Zealand or a specified standard issued by the Federal Aviation Administration of the USA. Although the Ministerial Standards and the standards jointly issued by Standards Australia and Standards New Zealand are expressed to encompass the physical characteristics of position indicating devices as they pertain to maritime and land use and not to apply to equipment used for aeronautical purposes, the Government believes that equipment that meets these standards is suitable for such purposes.
The Government has further decided that, in order to allow Australian manufacturers time to produce ELTs and beacons that meet the new regulatory requirements and to obtain the necessary standards certification, the new requirements should not become effective until 31 July 1997.
The regulations amend the Regulations to repeal regulation 252A and replace it with a new regulation 252A. New regulation 252A differs from the previous requirement in the following ways:
* it provides for portable ELTs, and portable emergency position indicating radio beacons, meeting specified standards to be carried in aircraft in place of fixed, automatically activated ELTs;
* it provides that the date on which this requirement becomes effective is 31 July 1997;
* it provides additional exceptions for aircraft engaged in agricultural operations, aircraft flying in accordance with CASA's permission under regulation 134 of the Regulations, high capacity charter aircraft, single seat aircraft, turbojet-powered aircraft and flights associated with the manufacture, preparation and delivery of new aircraft;
* it provides an additional exception for an aircraft that has had its ELT removed for maintenance or replacement within the last 90 days;
* it provides an exception for flights that take place within 50 miles of the departure aerodrome;
* it requires any lithium-sulphur dioxide battery used in an ELT to meet a specified standard,
* it provides that a TSO C91 ELT fitted to an aircraft meets the requirement only if it was fitted before 5 December 1996.
Regulation 252A only prohibits persons from beginning a flight in an aircraft that does not have a functioning ELT. It does not require an aircraft to land if its ELT stops functioning during a flight.
The regulations commenced on gazettal.
Overview
The Civil Aviation Regulations (Amendment) 1996 No. 88, issued under the authority of the Minister for Transport and Regional Development, amends the Civil Aviation Regulations to address certain limitations of the existing emergency locator transmitter (ELT) requirements for aircraft in Australia. Enacted to align with international standards and accommodate the aviation industry's feedback, this amendment seeks to ensure safety while providing reasonable flexibility. The policy objective is to enhance the safety of air navigation by updating the regulatory requirements for ELTs, while also considering practical industry concerns. The new regulations introduce more lenient conditions for ELT installations and permit the use of portable ELTs and beacons that meet specified standards, thereby bringing Australian regulations more in line with those of the United States.
Scope and Application
The Civil Aviation Regulations (Amendment) 1996 No. 88 applies to all Australian aircraft and persons intending to begin a flight in those aircraft, except where specific exemptions are provided under the amended regulations. The Act and its amendments concern the safety of air navigation in Australia and align with international standards. The amended regulations relax certain requirements for emergency locator transmitters (ELT) in aircraft, permitting the use of portable ELTs and emergency position indicating radio beacons meeting specified standards, and extending the timeframe for compliance with the new regulations to 31 July 1997. Exemptions from the ELT requirements now include, but are not limited to, high capacity aircraft engaged in regular public transport operations, balloons, airships, gliders, and aircraft flying within 50 miles of the departure aerodrome, among others. The regulatory changes aim to harmonise the Australian requirements with those of the Federal Aviation Regulations in the United States and provide flexibility for various types of aircraft operations. The new regulations commenced upon gazettal, bringing into effect the amendments to the Civil Aviation Regulations under the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Regulations (Amendment) 1996 No. 88 modifies existing regulations concerning the emergency locator transmitters (ELTs) required on Australian aircraft. Under the original regulation 252A of the Civil Aviation Regulations, ELTs meeting specified technical standards were mandatory for most aircraft from 1 July 1996. However, following consultations with the aviation industry, the Civil Aviation Safety Authority (CASA) determined that these requirements were too stringent, particularly given that around 30% of the Australian fleet was already equipped with ELTs meeting the older TSO C91 standard. CASA decided that replacing these ELTs with ones meeting newer standards is only necessary when they become unserviceable.
The amended regulation 252A introduces several changes. Firstly, it allows for portable ELTs, portable emergency position indicating radio beacons, and personal locator beacons to be carried in aircraft in lieu of fixed, automatically activated ELTs, provided they meet certain standards. Secondly, it expands the list of exemptions to include aircraft engaged in agricultural operations, high capacity charter aircraft, single seat aircraft, turbojet-powered aircraft, and flights related to the manufacture, preparation, and delivery of new aircraft. It also includes exceptions for aircraft flying within 50 miles of the departure aerodrome and for those with ELTs removed for maintenance or replacement within the last 90 days. The amended regulations became effective on 31 July 1997 to give Australian manufacturers time to produce compliant equipment.
Entities governed by these regulations must ensure that their aircraft are equipped with functioning ELTs that meet the specified standards. This includes verifying that any portable ELTs, emergency position indicating radio beacons, or personal locator beacons carried in the aircraft are compliant. Additionally, operators must be aware of and comply with the exemptions outlined in the regulations. For instance, aircraft engaged in agricultural operations or flights within 50 miles of the departure aerodrome do not need to carry an ELT if certain conditions are met. Furthermore, operators must ensure that any lithium-sulphur dioxide battery used in an ELT complies with the specified standard.
Breach of these regulations can result in civil and criminal consequences. For instance, operating an aircraft without a functioning ELT in compliance with the regulations can lead to penalties. Although the specific penalties are not detailed in the Explanatory Statement, it is common for such breaches to result in fines and potential legal action. The severity of the penalties may depend on the circumstances of the breach, including whether it was intentional or due to negligence. Additionally, repeated or serious breaches could lead to more severe consequences, such as suspension or revocation of operating certificates.