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(i) has consumed any alcohol in the 8 hours before the service
is to be provided; or
(ii) is suffering from an incapacity that is likely to impair his
or her efficiency in providing the service; and
(b) the operator knows of that fact.
Penalty: 5 penalty units.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page – Amdt No. 1: Effective 3 May 2003 Civil Aviation Safety Authority
Part 139 — 50
Subpart 139.H Aerodrome rescue and fire fighting services
Note As a signatory to the Chicago Convention, Australia is obliged to require, as
part of its domestic law, that certain classes of airport provide rescue and
firefighting services of an adequate standard. (See generally section 9.2 of chapter 9
of Annex 14 to the Chicago Convention.) To satisfy that obligation, this Subpart
requires operators of aerodromes that have scheduled international traffic, or
specified levels of domestic passenger traffic, to provide those services, and sets out
the standards that apply to such services. Aerodromes that are not obliged to
provide an ARFFS may choose to do so, and this Subpart will apply to a service so
provided until the operator gives reasonable notice that it will no longer provide
such a service.
Division 139.H.1 General
139.700 Applicability of this Subpart
(1) This Subpart applies to aerodrome rescue and firefighting services.
(2) This Subpart sets out:
(a) how a person receives approval as a provider of an aerodrome
rescue and firefighting service; and
(b) the operating and technical standards applicable to such a
service.
(3) This Subpart does not apply to:
(a) a person who is providing an aerodrome rescue and firefighting
service in the course of his or her duties for the Defence Force; or
(b) any aerodrome rescue and firefighting service provided by the
Defence Force.
139.705 Definitions for this Subpart
(1) In this Subpart:
airside of an aerodrome has the same meaning as airside of an airport
in the Airports Act 1996.
ARFFS means aerodrome rescue and fire-fighting service.
ARFFS operation means an operation undertaken in carrying out a
function mentioned in paragraph 139.710 (1) (a) or (b).
ARFFS provider for an aerodrome means the person or organisation
that provides ARFFS for the aerodrome.
category of an aerodrome means its category worked out by the
method set out in section 9.2 of chapter 9 of Annex 14 to the Chicago
Convention.
ERSA means the part of AIP known as En Route Supplement
Australia.
Manual of Standards means the document called ‘Manual of
Standards (MOS) – Subpart 139.H’ issued by CASA under regulation
139.712, as in force from time to time.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 139 — 51
(2) A reference in this Subpart to an AFC certificate of a particular level
is a reference to:
(a) a certificate of that level issued under the Australian Fire
Competencies Scheme (that is, the training scheme administered
by the Australian Fire Authorities Council); or
(b) a certificate accepted by CASA as indicating that the certificate
holder has successfully completed a training program of a
standard equivalent to that required for the issue of an AFC
certificate of that level.
(3) omitted by SR No. 03/75
139.710 Functions of ARFFS
(1) The functions of an ARFFS for an aerodrome are:
(a) to rescue persons and property from an aircraft that has crashed
or caught fire during landing or take-off; and
(b) to control and extinguish, and to protect persons and property
threatened by, a fire on the aerodrome, whether or not in an
aircraft.
(2) Nothing in subregulation (1) prevents the ARFFS provider for an
aerodrome from performing fire control services or rescue services
elsewhere than on an aerodrome, but the provider must give priority
to operations mentioned in subregulation (1).
139.711 Person not to provide service without approval
(1) A person must not provide an ARFFS at an aerodrome unless the
person is approved, under Division 5, to provide the ARFFS.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
139.712 Issue of Manual of Standards
(1) CASA may issue a Manual of Standards for this Subpart that provides
for the following matters:
(a) standards and criteria for the establishment and disestablishment
　
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