Civil Aviation Regulations (Amendment) 1995 No. 147
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 147
(Issued by the authority of the Minister for Transport)
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Regulation 252A of the Civil Aviation Regulations as originally enacted provided that on and after 1 July 1995 most Australian aircraft must be fitted with emergency locator transmitters (ELTs) that meet certain specified standards.
Although this regulation has been in place for some months, there are several thousand affected aircraft that have not yet been fitted with ELTs. It became apparent that there are not enough suitable ELTs in stock to enable all affected aircraft to meet the requirement before 1 July 1995. Also, even if suitable ELTs were available, it would not be physically possible at this stage for the work of fitting ELTs to all affected aircraft to be carded out before that date.
Accordingly, it was decided to delay the implementation date for a period of 12 months. During this period the Civil Aviation Authority also proposes to consult with the aviation industry to determine whether the existing requirements need to be modified in the light of international experience with ELTs.
The amending regulations amend regulation 252A so that the requirement for ELTs to be fitted has effect on and after 1 July 1996.
The amending regulations commenced on gazettal.
Overview
The Civil Aviation Regulations (Amendment) 1995 No. 147, issued under the authority of the Minister for Transport, amends the Civil Aviation Regulations to address a shortfall in the timely implementation of emergency locator transmitter (ELT) requirements for Australian aircraft. This amendment was introduced to address the gap where numerous aircraft had not yet been fitted with ELTs by the original compliance deadline of 1 July 1995. The Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interest of air navigation safety, and this amendment seeks to ensure the safety standards are met without creating undue hardship on the aviation industry. The policy objective is to balance the need for immediate safety compliance with practical considerations such as the availability of ELTs and the feasibility of fitting them within the stipulated timeframe.
Scope and Application
The Civil Aviation Regulations (Amendment) 1995 No. 147, issued under the authority of the Minister for Transport and pursuant to the Civil Aviation Act 1988, specifically targets the installation of emergency locator transmitters (ELTs) in most Australian aircraft. This regulation applies to all aircraft operators within Australia and mandates that these ELTs meet certain specified standards for safety in air navigation. Given the necessity to ensure the safety of air navigation, the regulation applies to any entity or person operating aircraft in Australian airspace, with a particular focus on those who must comply with the ELT installation requirements. The amendment extends its reach across the Commonwealth of Australia, encompassing all states and territories. While the primary focus is on the operational readiness of aircraft by mandating ELT installations, the regulations also allow for potential modifications based on consultations with the aviation industry and international experiences with ELTs. The amendment postpones the compliance date for ELT installations from 1 July 1995 to 1 July 1996, reflecting practical considerations such as the availability of ELTs and the logistical challenges of widespread installations. The amending regulations took effect immediately upon gazettal.
Key Provisions
The main operative sections of the Civil Aviation Regulations (Amendment) 1995 No. 147 involve a delay in the implementation date for the fitting of emergency locator transmitters (ELTs) on most Australian aircraft. As per the original Regulation 252A of the Civil Aviation Regulations, these aircraft were required to be fitted with ELTs that met certain standards by 1 July 1995. However, due to insufficient stock and logistical challenges, the amendment in Regulation 252A extends this requirement to 1 July 1996. This change was necessary to ensure that the safety standards set forth in the Civil Aviation Act 1988 are met without causing undue hardship or compromising safety.
The obligations imposed by these regulations primarily rest on aircraft owners and operators. They are required to ensure that their aircraft are fitted with ELTs by 1 July 1996, which must comply with the specified standards. The Civil Aviation Authority (CAA) will oversee this process and may conduct inspections to verify compliance. Additionally, during the delay period, the CAA will consult with the aviation industry to review and possibly adjust the requirements based on international experience with ELTs, ensuring that the regulations remain effective and up-to-date.
Failure to comply with the amended regulations can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with these safety regulations can lead to enforcement actions by the CAA. Specifically, the Act allows for the imposition of civil penalties for breaches, which can include fines up to a substantial amount as determined by the courts. Additionally, persistent non-compliance may result in criminal charges, leading to imprisonment. The exact penalties for breaches are detailed in the Act and can vary based on the severity and frequency of the offence.