EXPLANATORY STATEMENT
Civil Aviation Regulations
Requirement under subregulation 222 (1)
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 5A of the Civil Aviation Regulations (the Regulations) provides that a direction that has the effect of repealing, amending, or otherwise affecting the operation of, anything in a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subregulation 222 (1) of the Regulations provides that a new type of aircraft must not be used to carry passengers in a public transport service unless it has passed proving tests in accordance with the Authority’s requirements.
Subsection 15 of section 20.11 of the Civil Aviation Orders (the Orders) sets out the Authority’s proving test requirements.
A new type of aircraft, the Boeing 747–312 is about to be registered in Australia by Ansett International Limited to be used on Ansett’s international passenger routes.
The proving test requirements were satisfied in relation to the Boeing 747–100 type of aircraft before it came into service in Australia. Subsequent models of the Boeing 747, such as the Boeing 747–312, are derivatives of the original Boeing 747–100 type. For this reason, the Authority thinks that it is not necessary on safety grounds for the new type to undergo the full proving tests. Accordingly, the Authority has set out proving test requirement in relation to the Boeing 747–312 type of aircraft in place of the requirements in subsection
15 of section 20.11 of the Orders.
The required test will ensure that half of the aircraft’s exit doors can be opened within the time that half of the exit doors of the Boeing 747–100 type of aircraft were opened during the original demonstration for certification of that type of aircraft under Part 25 of the Federal Aviation Regulations of the United States of America. The test must be conducted in accordance with the requirements set out in Appendix I of section 20.11 of the Orders, other than those requirements that relate to the evacuation of passengers.
Overview
The Civil Aviation Regulations, established in 1988 under the Civil Aviation Act 1988, aim to ensure the safety of air navigation in Australia. This Act was enacted by the Australian Parliament to provide a legislative framework for the regulation of civil aviation within the country. The specific regulation in focus here is subregulation 222(1) of the Civil Aviation Regulations, which stipulates that a new type of aircraft must not be used for public transport services unless it has passed proving tests in accordance with the Civil Aviation Safety Authority’s requirements. The policy objective is to ensure that all aircraft used in commercial services meet the necessary safety standards, thereby protecting passengers and maintaining the integrity of the aviation industry.
In the context of the Boeing 747–312, a derivative of the previously tested Boeing 747–100, the Civil Aviation Safety Authority has determined that it is not necessary to conduct full proving tests for the new model due to its similarity to the original type. Instead, the Authority has set specific proving test requirements for the Boeing 747–312, ensuring that half of the aircraft’s exit doors can be opened within the same time frame as the Boeing 747–100 during its original certification process. These tests are designed to uphold the safety standards set forth in the Civil Aviation Orders, ensuring that the new aircraft type is safe for public transport services in Australia.
Scope and Application
The Civil Aviation Regulations, as detailed in the Explanatory Statement, specifically address the safety requirements for the introduction of new types of aircraft in Australian airspace. This regulation applies to entities such as airlines and aircraft manufacturers who intend to register a new type of aircraft in Australia for use in public transport services. The scope of this regulation is evident in its application to the Boeing 747-312, a derivative of the previously certified Boeing 747-100, which Ansett International Limited intends to use on its international routes. The regulation mandates that the new aircraft type must meet certain proving tests to ensure its safety, though these tests may be modified to account for the aircraft's similarity to an already certified type. The geographic reach of these regulations is national, impacting all entities operating within Australia. The exclusion here pertains to the full proving tests that the Boeing 747-312 does not need to undergo, as it is considered sufficiently similar to the already certified Boeing 747-100, thus streamlining the certification process. The regulation also underscores the importance of safety by requiring specific tests to be conducted, ensuring compliance with Australian aviation safety standards.
Key Provisions
The primary operative sections in this legislation pertain to the Civil Aviation Regulations, particularly subregulation 222(1). This subregulation stipulates that a new type of aircraft must not be used for carrying passengers in public transport services unless it has successfully passed proving tests as per the Civil Aviation Authority's (the Authority's) requirements. This requirement ensures that any new aircraft model undergoes rigorous testing to meet safety standards before being deployed for public transport. Specifically, the new Boeing 747-312 model, which is a derivative of the previously tested Boeing 747-100, is subject to these regulations. The Authority has determined that, given the similarities between the models, a modified proving test is sufficient to ensure safety.
The obligations imposed by this Act on the parties involved, particularly Ansett International Limited, include adhering to the Authority's proving test requirements. Ansett must ensure that the Boeing 747-312 model meets the stipulated criteria before it can be registered and used for its international passenger routes. The modified proving test must demonstrate that half of the aircraft's exit doors can be opened within the same timeframe as the Boeing 747-100 model during its original certification tests. This ensures that safety standards are maintained despite the modifications made to the aircraft model.
In terms of consequences for non-compliance, the Act does not explicitly detail offences or penalties for failing to meet the proving test requirements. However, failure to comply with the regulations could potentially result in the aircraft not being certified for public transport use. This would prevent Ansett International Limited from legally operating the Boeing 747-312 on its international routes, thereby impacting its business operations. While specific penalties are not outlined in the text, non-compliance could lead to legal actions or further regulatory scrutiny to ensure safety standards are upheld.