CASA EX62/12 - Exemption - use of radiocommunication systems in firefighting operations

Link to law: https://www.comlaw.gov.au/Details/F2012L00993

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Instrument number CASA EX62/12
I, john francis mccormick, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
30 April 2012
Exemption — use of radiocommunication systems in firefighting operations
1          Duration
                 This instrument:
(a)   commences on the day after registration; and
(b)   stops having effect at the end of March 2015.
2          Definitions
        (1)     In this instrument:
aircraft means an aircraft to which regulation 83 of the Civil Aviation Regulations 1988 (CAR 1988) applies.
approved course means a course of training in aircraft radiocommunication systems and their operation which:
(a)   is conducted by NAFC or a trainer certified by NAFC to conduct the course for the NAFC; and
(b)   is in accordance with a syllabus developed by NAFC; and
(c)   is approved in writing by CASA; and
(d)   includes the following:
             (i)  the issue to each participant of a certificate of competency following individual assessment;
            (ii)  provision for recurring competency training to maintain currency of the certificate of competency.
emergency control authority or ECA means a State or Territory department or body with official responsibility for firefighting.
firefighter means an employee, volunteer or contractor of an emergency control authority who is authorised by the authority:
(a)   to be involved in firefighting; and
(b)   to use a radio for firefighting.
firefighting means fighting fire where the activity is authorised by an emergency control authority, and includes a training operation for firefighting similarly authorised.
Note   Firefighting is taken to include other emergency operations — see subsection 2 (2).
NAFC means National Aerial Firefighting Centre.
owner means the owner of a radiocommunications system used to ensure the safety of air navigation, but not installed in, or carried on, an aircraft.
pilot means the pilot in command of an Australian aircraft in which a radiocommunication system approved under subregulation 82 (1) of CAR 1988 is installed.
trainer means a person mentioned in paragraph (a) of the definition of approved course.
        (2)     For this instrument, firefighting includes another emergency operation in which a firefighter is involved with the authorisation of the relevant ECA.
Note   An example of another emergency operation is flood relief where firefighters are authorised to assist.
3          Application
                 This instrument applies to:
(a)   a pilot in command of an aircraft in a firefighting operation (the pilot); and
(b)   an owner; and
(c)   a firefighter.
4          Exemption
        (1)     A pilot is exempt from compliance with paragraphs 83 (1) (c) and (e) of CAR 1988 when engaged in firefighting operations.
        (2)     An owner is exempt from compliance with paragraph 83 (2) (b) of CAR 1988 for firefighting by a firefighter.
        (3)     A firefighter is exempt from compliance with subregulation 83 (3) of CAR 1988 for firefighting.
5          Conditions
                 Each exemption is subject to the condition that before a pilot, an owner or a firefighter may claim the benefit of the exemption for himself or herself, the firefighter who operates the relevant radiocommunication system must comply with the conditions set out in Schedule 1.
Schedule 1          Conditions
              A firefighter must:
(a)   successfully complete an approved course; and
(b)   be assessed and certified as competent by NAFC or a trainer; and
(c)   undertake recurring competency training as required by the approved course; and
(d)   only use the aviation bandwidth VHF AM frequencies allocated to the relevant emergency control authority by Airservices Australia and the Australian Communications and Media Authority for use during firefighting; and
(e)   only use the allocated aviation bandwidth VHF AM frequencies for tactical aircraft-to-aircraft and air-to-ground communications during firefighting that is:
             (i)  a fire suppression or a fire prevention operation; or
            (ii)  another emergency operation in which the firefighter is involved with the authorisation of the relevant ECA.
Note   For subparagraph (e) (ii), see subsection 2 (2) of this exemption.