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Legislative changes - Amendment to CAOs 20.7.4 and 20.11

Amendment to CAOs 20.7.4 and 20.11

CAO 20.7.4 - Aeroplane Weight and Performance Limitations - Aeroplanes not above 5700 kg - Private, Aerial Work
CAO 20.11 - Emergency and Lifesaving Equipment and Requirements for Passenger Control in Emergencies

Civil Aviation Amendment Order (No. 4) 2002 (9K Adobe Acrobat file)

Explanatory Statement

Subsection 28BA (1) of the Civil Aviation Act 1988 (the Act) states that an AOC has effect subject, among other things, to conditions specified in the Civil Aviation Orders (CAOs).

Regulation 209 of the Civil Aviation Regulations 1988 (CAR 1988) provides that aircraft engaged in private operations must comply with such conditions as CASA from time to time directs in the interests of safety.

Subregulation 252 (1) of CAR 1988 permits the giving of directions for 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.

CAO 20.7.4 - repeal of subsection 11

Subsection 11 of CAO 20.7.4 restricted the operation of single engine aircraft under the V.F.R. at night or under the I.F.R. to private operations, aerial work operations or charter operations that did not involve the carriage of passengers. Subsection 11 reflected restrictions that were contained in subregulation 174B (2) and regulation 175A of CAR 1988 when they were introduced in 1992. Regulations 174B and 175A have since been amended. CASA may now approve the carriage of passengers in single engine aircraft at night under the V.F.R. in charter operations, or under the I.F.R. in charter or regular public transport operations.

The Order omits subsection 11.

CAO 20.11 - carriage of life jackets

Paragraph 5.1.2 of CAO 20.11 provides:

"Land aircraft authorised to carry more than nine passengers, and which are engaged in:

  1. regular public transport operations; or
  2. charter operations for the purpose of carrying passengers;

shall be equipped with a life jacket or flotation device for each occupant on all flights where the take-off or approach path is so disposed over water that in the event of a mishap occurring during the departure or the arrival it is reasonably possible that the aircraft would be forced to land onto water".

CASA decided to make the carriage of life jackets in accordance with paragraph 5.1.2 compulsory in all aircraft carrying passengers in the circumstances set out in that paragraph. This decision gave effect to a recommendation from the Australian Transport Safety Bureau following the Whyalla Airlines accident.

In accordance with that decision, the Order amends paragraph 5.1.2 to remove the condition that life jackets are required only if the aircraft is authorised to carry more than 9 passengers.

CAO 20.11 - carriage of emergency locator transmitters

Subsection 6 of CAO 20.11 requires aircraft to which subsection 5 applies and certain single engine aircraft to carry a survival radio beacon. The applicable standards for these beacons are set out in CAO 103.40 and are now outmoded.

The Order amends subsection 6 to require those aircraft to carry an emergency locator transmitter approved under regulation 252A of CAR 1988 instead of a survival radio beacon.

The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the amendments described above are 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.

Schedule 1 came into effect on gazettal and Schedule 2 comes into effect on 1 July 2002.