Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AMENDMENT REGULATIONS 1999 (NO. 4) 1999 NO. 229

Statutory Rule 1999 No. 229

Issued by the authority of the Minister for Transport and Regional Services

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 1999 (No. 4)

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.

Subsection 9 (1) of the Act specifies that the Civil Aviation Authority (CASA) has the function of conducting safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise safety standards and issuing certificates, licences, registrations and permits.

The Civil Aviation Regulations 1988 were amended in July 1998 to meet International Civil Aviation Organisation (ICAO)) performance requirements for Traffic Alert and Collision Avoidance Systems (TCAS). The amendment required all turbine engine powered commercial transport aeroplanes certified to carry more than 30 passengers, or with a maximum take off weight in excess of 15000 kg, to be fitted with the latest Traffic Alert and Collision Avoidance System (TCAS 11) from 1 January 2000 when operating in Australian airspace. The regulations also made reference to the ICAO recommended technical standards for TCAS, being the US Federal Aviation Administration (FAA) issued Technical Standing Order (TSO), TSO C119 and TSO C119a.

To meet the latest mandatory ICAO performance requirements, all TCAS II equipment must comply with TSO C119b, which sets out the standards for the latest TCAS II equipment, no later than the ICAO mandatory implementation date of 1 January 2003. The amendment to the regulations will remove reference to the obsolete technical standards, TSO C119 and TSO C119a on that date (1 January 2003).

Items 1 and 2 of Schedule 1 have made technical amendments to regulation 262AA (definitions) of the Civil Aviation Regulations 1988 consequential on the commencement of the Civil Aviation Regulations 1998.

The remaining items have amended regulation 262AB of Division 5 of Part XIII of the Civil Aviation Regulations 1988.

These amendments permit operators to install the latest TCAS equipment (Version 7.0). As previously written, only equipment complying with Technical Standing Order (TSO) C119 or C119a (TCAS II Version 6.04A) was permitted.

The advent. of the latest TCAS equipment technical standard (TSO C119b) was foreshadowed in the previous Regulation Impact Statement (RIS) prepared for the My 1998 amendments. The Office of Regulation Review (ORR) have advised that a further RIS is not required for these amendments as they are considered of minor or machinery in nature.

Details of the amending regulations are attached.

Regulations 1 to 3 and Schedule 1 commenced on gazettal.

Schedule 2 commences on 1 January 2003.

ATTACHMENT

Civil Aviation Amendment Regulations 1999 (No

DETAILS OF THE REGULATIONS

REGULATION 1

Regulation 1 sets out the name of the regulations.

REGULATION 2

Regulation 2 provides that:

(a) Regulations 1 to 3 and Schedule 1 commence on gazettal.

(b) Schedule 2 commences on 1 January 2003.

REGULATION 3

Regulation 3 provides that the Civil Aviation Regulations 1988 are amended as set out in Schedule 1 and Schedule 2.

SCHEDULE 1

ITEM 1

Item 1 amends regulation 262AA definition of large-capacity aeroplane by removing existing paragraph (b) that refers to redundant regulation and substituting a revised paragraph (b).

ITEM 2

Item 2 amends regulation 262AA by removing the now redundant definition of type certificate which was adjusted by the substitute paragraph (b) in item 1.

ITEM 3

Item 3 amends paragraph 262AB (a) of regulation 262AB by adding reference to the most recent Technical Standing Order (TSO) relevant to the latest available Airborne Collision Avoidance System equipment.

ITEM 4

Item 4 amends paragraph 262AB (b) of regulation 262AB by adding reference to the most recent Technical Standing Order (TSO) relevant to the latest Airborne Collision Avoidance System equipment.

SCHEDULE 2

ITEM 1

Item 1, to commence 1 January 2003, amends paragraph 262AB (a) of regulation 262AB by removing reference to obsolete Technical Standing Orders (TSO) so ensuring the most recent TSO is complied with from that commencing date.

ITEM 2

Item 2, to commence 1 January 2003, amends paragraph 262AB (b) of regulation 262AB by removing reference to obsolete Technical Standing Orders (TSO) so ensuring the most recent TSO is complied with from that commencing date.