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Legislative changes - Amendment to CAO Section 20.11 Emergency and lifesaving equipment and requirements for passenger control i

Amendment to CAO Section 20.11
Emergency and lifesaving equipment and requirements for passenger control in emergencies

Civil Aviation Amendment Order (No. 1) 2002 (9K Adobe Acrobat file)

Explanatory Statement

Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.

Subregulation 252(1) permits the giving of directions with respect to the provision of such emergency systems and equipment, and such life-saving equipment, as CASA considers necessary to safeguard the aircraft and persons on board the aircraft.

Subregulation 5(1) of the Regulations provides that whenever CASA is empowered by the Regulations to give directions or approvals, it may do so in Civil Aviation Orders (the Orders).

Subsection 15 of Civil Aviation Order 20.11 (CAO 20.11) set out directions for the demonstration of emergency evacuation procedures on the introduction into service of a type or model of aircraft carrying more than 44 passengers. The directions required the evacuation of passengers in 90 seconds or less using not more than 50 per cent of the emergency exits.

Paragraph 15.1.3 states that a demonstration is not necessary if one has been carried out previously for the purposes of the United States Federal Aviation Regulations (FAR) 25.803(c) (7) (i) as in force on 1 December 1978, in the presence of an observer appointed by CASA. Paragraph 15.1.4 also removes the requirement to carry out a full demonstration if the operator can produce evidence of previous demonstrations having been carried out that have satisfied the requirements of paragraph 15.1.1.

The Order replaces paragraphs 15.1.1 to 15.1.4 of CAO 20.11 to update the requirements relating to emergency evacuation procedures. Under the new requirements, an operator is required to show that the aeroplane, at the time of being granted a type certificate, satisfied the requirements of FAR 25.803 or requirements that CASA accepts as equivalent. The criterion for certification under FAR 25.803 is the same as that previously set out in paragraph 15.1.1. The reference to equivalent requirements allows CASA to accept other certification standards for evacuation.

Under the amendment, an operator is also required to show that its training and procedures will enable it to achieve equivalent results to those achieved for certification. If CASA is not satisfied that the operator can achieve equivalent results it may require the operator to conduct an evacuation of all or part of the full seating capacity to show that it can achieve those results.

The Order also omits Appendix I to CAO 20.11. Evacuations under the new provisions are not be required to comply with the requirements of Appendix I that previously applied to demonstrations.

The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the amendment is of a minor or machinery nature.

The Order has been issued by the Director of Aviation Safety in accordance with subsection 84A(2) of the Act and comes into effect on gazettal.