EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
AMENDMENT OF MANUAL OF STANDARDS SUBPART 139.H
AERODROME RESCUE AND FIRE FIGHTING SERVICES
Under paragraph 9 (1) (c) of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise aviation safety standards.
Regulation 139.712 of Subpart 139.H of the Civil Aviation Safety Regulations 1998 (CASR) provides that CASA may issue a Manual of Standards (MOS) for Subpart 139.H. Under regulation 139.712, the MOS may provide for standards and criteria for Aerodrome Rescue and Fire Fighting Services (ARFFS), including standards for procedures, systems, documents, and facilities. It also may provide for competency and training for ARFFS personnel, and any matter required or permitted by the regulations to be provided for by the MOS or necessary or convenient for the effective operation of Subpart 139.H.
These amendments of the MOS were issued following public consultation invited by a Notice of Proposed Change published on the CASA website and in a national newspaper. The amendments reflect an updating of the entire MOS to ensure that accurate and contemporary standards are in place for the purposes of Subpart 139.H. There are also several changes of an editorial nature to improve the wording and presentation of the MOS.
The changes include amendments of the interpretation section, a clearer expression of what is required in a Safety Management System and also a clearer expression of the criteria to be applied in determining the level of service required at various categories of aerodrome. The changes also update equipment and training requirements and standards for various facilities, including communications and siting of ARFFS stations.
The MOS issued under regulation 139.712 is a disallowable instrument by virtue of subsections 98 (5A) and (5B) of the Act. Subsection (5A) provides that CASA may issue instruments in relation to the safe navigation and operation of aircraft. Subsection (5B) provides that an instrument under subsection (5A) is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
The amendments of the MOS have been issued by the Director of Aviation Safety under subsection 84A (2) of the Act.
The amendments came into effect on gazettal.
[Manual of Standards Amendment (No. 1) 2004]
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia and to establish the Civil Aviation Safety Authority (CASA) as the body responsible for ensuring the safety of civil aviation operations. This Act empowers CASA to develop and promulgate safety standards, including those related to aerodrome rescue and firefighting services. The Civil Aviation Safety Regulations 1998 (CASR) further detail the regulatory framework, with Subpart 139.H specifically addressing aerodrome rescue and firefighting services. The Manual of Standards (MOS) under Subpart 139.H was amended to incorporate updated and contemporary standards, following public consultation. These amendments aimed to ensure accurate and relevant safety standards, improve the clarity and presentation of the MOS, and update equipment, training, and facility requirements. The changes were issued by the Director of Aviation Safety, pursuant to the authority granted under the Civil Aviation Act, and came into effect upon gazettal.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the Manual of Standards Amendment (No. 1) 2004, apply to entities and individuals involved in the provision of aerodrome rescue and firefighting services (ARFFS) in Australia, ensuring these services meet specified safety standards. This encompasses all aerodromes that are subject to the Civil Aviation Act 1988, including both domestic and international aerodromes operating within Australia's jurisdiction. The scope of these regulations includes setting standards for procedures, systems, documents, facilities, and the competency and training of ARFFS personnel. These amendments were issued by the Civil Aviation Safety Authority (CASA) and follow public consultation, reflecting an update to existing standards to maintain safety and efficacy in civil aviation operations. The regulations are applicable nationally and are a disallowable instrument under the Acts Interpretation Act 1901, meaning they can be subject to disallowance by either house of Parliament.
Key Provisions
The Civil Aviation Safety Regulations 1998, as amended, incorporate the Manual of Standards (MOS) for Aerodrome Rescue and Fire Fighting Services (ARFFS) under regulation 139.712. This MOS, as outlined in section 9(1)(c) of the Civil Aviation Act 1988, provides the standards and criteria necessary for ensuring the safety and efficacy of ARFFS, including the competencies and training required for personnel, and the specifications for various systems and facilities. The updated MOS reflects contemporary standards and incorporates editorial changes to improve clarity and presentation. It specifies the requirements for a Safety Management System, the criteria for determining the level of ARFFS required at different types of aerodromes, and updated equipment and training standards.
Entities governed by these regulations must adhere to the updated standards and criteria set forth in the MOS. This includes ensuring that ARFFS personnel are adequately trained and competent, that all systems and facilities comply with the specified standards, and that a robust Safety Management System is in place. These obligations are essential to maintaining the safety of civil air operations and ensuring that ARFFS can effectively respond to emergencies at aerodromes. Failure to comply with the MOS may result in regulatory action and potential sanctions.
Breaches of the provisions in the Civil Aviation Safety Regulations 1998 can lead to both civil and criminal consequences. Civil penalties may include fines, while serious breaches could result in criminal charges. The maximum penalties for offences under the Civil Aviation Act 1988 can vary, but they may include substantial fines and imprisonment for more severe violations. The Civil Aviation Safety Authority (CASA) has the authority to take enforcement actions against entities that fail to comply with the regulations, ensuring that safety standards are upheld and that the risks associated with aerodrome operations are managed effectively.