CHANGES TO THE VICTORIAN DAMAGE BY AIRCRAFT REGIME

The Victorian Competition and Efficiency Commission is currently undertaking an inquiry into the provisions relating to surface damage by aircraft contained in the Wrongs Act 1958 (Vic).

Surface damage by aircraft in Australia is primarily regulated by the Damage by Aircraft Act 1999 (Cth).  Essentially, the Act applies to damage to persons or property caused by impact with an aircraft, or something from an aircraft, in flight.  It also applies to damage which is the result of an impact.  The Act makes the operator or owner of the aircraft strictly liable for any harm and the damages recoverable are unlimited. 

Because of the limits of the Commonwealth’s power to legislate, any claim for damage caused by aircraft engaged in intrastate travel which are not owned by a corporation and which do not depart from a Commonwealth place will be governed by State legislation which predates the Commonwealth Act. 

The Victorian Government is considering reforming the provisions of the Victorian Wrongs Act 1958 which deal with damage by aircraft.  It is seeking submissions on whether there is sufficient justification to attach strict liability to aircraft owners and operators without requirement to prove negligence.

Although the circumstances in which the Victorian Wrongs Act 1958 will apply to damage by aircraft will be very limited, the inquiry presents an opportunity for industry to instigate change to at least the damage by aircraft regime which may lead to changes elsewhere.  The overall concept of strict liability with unlimited damages can, as the events of September 11 demonstrate, have catastrophic consequences.  Owners, operators and insurers of aircraft in Victoria will doubtless consider making submissions for the enquiry.

Key Dates

Submissions due: 

6 September 2013

Consultation with Industry: 

June to September 2013
 

Draft report released for further consultation: 

November 2013
 

Industry submissions on draft report due: 

December 2013
 

Further consultation on the draft report: 

November 2013 to January 2014
 

Final recommendation to government: 

28 February 2014

 

 

AMBULANCE FUNCTION FLIGHTS AS AIR TRANSPORT OPERATIONS

On 31 July 2013 CASA released NPRM 1304OS which, if it comes into effect, will require operators of Medical Transport flights to conduct those flights as air transport flights rather than aerial work flights.

Presently, Civil Aviation Regulation 1988 r 206(1) categorises ambulance functions as aerial work operations. 

Medical Transport flights, being aerial work operations, are currently relieved from a number of obligations which would attach to charter on RPT operations, including appointing key personnel, having a safety management system, maintaining a training and checking organisation, carriage of particular amounts of fuel and landing only at licensed aerodromes.

The new categories will presumably occur at the same time that CAR 206 is replaced by the new CASR Parts 121, 133 and 135 which introduce Air Transport as the new category to replace RPT and charter.

Under the new regime a flight, which commences with the express purpose of carrying a medical passenger at any time, will be a passenger transport operation.  Medical Transport flights will be regulated by Part 121 (large aeroplanes), Part 135 (small aeroplanes) and 133 (rotorcraft) of the Civil Aviation Safety Regulations 1998 and will require:

·         An AOC authorising aerial transport operations (and thus approval of key personnel including the CEO, Head of Flying Operations, Head of Training and Checking, Head of Aircraft Maintenance Control and Safety Manager);

·         An integrated safety management system;

·         Carriage of particular amounts of fuel including destination alternate fuel;

·         A fatigue management system;

·         A risk management strategy for operations of single engine aeroplanes which intend to operate beyond 25nm from a safe landing area;

·         Carriage of life rafts in certain circumstances;

·         Aerodromes for take-off and landing to be suitable for the aeroplane to take off at and comply with the standards prescribed;

·         Risk assessments for helicopter landing sites;

·         A serviceable autopilot for single pilot operations unless the flight can be operated VMC; and

·         Training and checking requirements.

CASA is seeking submissions on the following issues:

1.     Re-classifying helicopter and aeroplane medical transport operations as air transport operations;

2.     The best approach to the management of fatigue risk in Medical Transport operations;

3.     Specific air transport issues that have additional compliance obligations and suggestions for relief for medical transport operators.

The proposed changes will make compliance with the legislation significantly more onerous and expensive for medical transport operators.  This is of particular concern as many operators of medical transport operations are funded by charities.

Key Dates

Submissions due: 

27 September 2013