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CIVIL AVIATION AMENDMENT REGULATIONS 2000 (NO. 2) 2000 NO. 8
EXPLANATORY STATEMENTStatutory Rule 2000 No. 8
Issued by the authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2000 (No. 2)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the GovernorGeneral 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 Safety 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 new regulations insert a new Division 5 into Part XI of the Civil Aviation Regulations 1988 to provide a means of approving aircraft and operators for operations in Reduced Vertical Separation Minimum (RVSM) airspace.
RVSM airspace is 'special qualification' airspace designated by a competent authority. It is airspace between 29,000 feet and 41,000 feet (i.e. from Flight Levels (FLs) 290 to 410 inclusive) where a 1000 feet vertical separation minimum applies between RVSM approved aircraft. A 2000 feet vertical separation minimum applies between nonapproved aircraft above FL 290. These are internationally agreed standards.
RVSM airspace already exists in the North Atlantic, and will be introduced in the Pacific in early 2000 and in Europe in 2002. Airservices Australia will introduce RVSM in Australian domestic airspace in 2001. As a consequence, a large proportion of Australian operators are affected by these initiatives.
A reduction in the vertical separation minimum enables operators and air traffic service providers to achieve significant benefits: aircraft can operate closer to the optimum performance altitudes and, as a result, reduce fuel burn which in turn may increase payload capacity; and Air Traffic Control (ATC) can provide a more efficient service as a result of the increase in the capacity of the airspace system.
The International Civil Aviation Organization (ICAO) requires that aircraft and operators be approved by the State of Registry or State of the Operator before conducting operations in RVSM airspace. The approvals process consists of an RVSM airworthiness approval and an RVSM operational approval.
An RVSM airworthiness approval indicates that the aircraft is suitable for operations in RVSM airspace. An RVSM operational approval indicates that the aircraft can be operated in RVSM airspace because a means of ensuring the continued airworthiness of the aircraft has been implemented by the operator, and that the flight crew has been trained for RVSM operations.
ICAO Doc. 9574-AN/934, issued under the authority of the Council of ICAO, lists the requirements for RVSM operations. The new regulations give effect worldwide to those requirements, and are consistent with Australia's international obligations.
The new regulations empower CASA to approve particular aircraft as suitable for operations in RVSM airspace and approve Australian operators to operate aircraft covered by the operator's approval in RVSM airspace.
The new regulations also provide for the administrative control of those approvals and empower CASA to suspend or cancel an approval in certain circumstances. Decisions by CASA not to approve applications or to suspend or cancel approvals are reviewable by the Administrative Appeals Tribunal.
Details of the new regulations are attached.
The new regulations commence on gazettal.
ATTACHMENT
Civil Aviation Amendment Regulations 2000 (No. 2)
DETAILS OF THE NEW REGULATIONS
Regulation 1 - Name of regulations
Regulation 1 names the new regulations as the Civil Aviation Amendment Regulations 2000 (2).
Regulation 2 - Commencement
Regulation 2 provides that the new regulations commence on gazettal.
Regulation 3 - Amendment of Civil Aviation Regulations 1988
Regulation 3 provides that Schedule 1 amends the Civil Aviation Regulations 1988 (CAR 1988).
Schedule 1 Amendments
ITEM 1 - Amendment of subregulation 2 (1)
This item inserts a definition for the expression flight level 290.
ITEM 2 - Amendment of subregulation 2 (1)
This item inserts a definition for the expression ICAO Doc. 9574-AN/934.
ITEM 3 - Amendment of subregulation 2 (1)
This item inserts a definition for the expression Regional Air Navigation Agreement.
ITEM 4 - Amendment of subregulation 2 (1)
This item inserts definitions for the expressions RVSM airspace, RVSM airworthiness approval, RVSM airworthiness approved aircraft, RVSM foreign airworthiness approval, and RVSM operational approval.
ITEM 5 - Amendment of subregulation 2 (1)
This item inserts Division 5 after Division 4 of Part XI of CAR 1988. The Division sets out the requirements for getting an RVSM airworthiness approval or an RVSM operational approval, and provides for the administrative controls for such approvals.
New regulations 181A to 181E come under Subdivision 1 which deals with preliminary matters.
Regulation 181A
New regulation 181A explains what Division 5 does.
Regulation 181B
New regulation 181B defines an Australian operator. ICAO requires that RVSM approvals be issued by the State of Registry or State of the Operator.
Regulation 181C
New regulation 181C defines the expression RVSM airworthiness approval. This is an approval issued for an Australian aircraft indicating that it is suitable for use in RVSM airspace.
Regulation 181D
New regulation 181D defines the expression RVSM foreign airworthiness approval. This is an approval issued by another country for an aircraft registered in that country indicating that the aircraft is suitable for use in RVSM airspace.
Regulation 181E
New regulation 181E defines the, expression RVSM operational approval. This is an approval issued to Australian operators to allow them to conduct operations in RVSM airspace.
New regulations 181F to 181K come under Subdivision 2 which deals with airworthiness approvals.
Regulation 181F
New regulation 181F states what an applicant must provide in an application to CASA for an RVSM airworthiness approval, and tells the applicant that CASA can request, in writing, more information should it consider it needs more information to consider the application.
Regulation 181G
New regulation 181G empowers CASA to approve an application for an RVSM airworthiness approval and sets out the criteria for approval.
Regulation 181H
New regulation 181H provides for the duration of an RVSM airworthiness approval.
Regulation 181I
New regulation 1811 states the circumstances in which CASA may issue a show cause notice to the holder of an RVSM airworthiness approval and, if necessary, suspend the approval. It sets out the information to be provided in the show cause notice and provides for the administration of the show cause process.
Regulation 181J
New regulation 181J sets out the grounds on which CASA may cancel an RVSM airworthiness approval and how CASA must notify the holder of the relevant approval.
Regulation 181K
New regulation 181K makes provision for the holder of an RVSM airworthiness approval to request that the approval be cancelled and sets out CASA's obligations in relation to such a request.
New regulations 181 L to 181V come under Subdivision 3 which deals with RVSM operational approvals.
Regulation 181L
New regulation 181L states what an applicant must provide in an application to CASA for an RSVM operational approval, and tells the applicant that CASA can request, in writing, more information should it consider it needs more information to consider the application.
Regulation 181M
New regulation 181M empowers CASA to approve an application for an RSVM operational approval and sets out the criteria for approval.
Regulation 181N
New regulation 181N provides for the duration of an RSVM operational approval.
Regulation 181O
New regulation 181O states the circumstances in which CASA may issue a show cause notice to the holder of an RVSM operational approval and, if necessary, suspend the approval. It sets out the information to be provided in the show cause notice and provides for the administration of the show cause process.
Regulation 181P
New regulation 181P sets out the grounds on which CASA may cancel an RSVM operational approval, and how CASA must notify the holder of the relevant approval. The grounds for cancellation are based on concerns expressed by ICAO that the incidence of height-keeping errors which can be tolerated in RVSM airspace is very small. The criteria for cancellation are framed to address those concerns.
Regulation 181Q
New regulation 181 Q states what CASA must do when an aircraft listed on an operator's RSVM operational approval has had its RVSM airworthiness approval cancelled by either CASA or, in the case of an aircraft with a foreign RSVM airworthiness approval, by another country.
Regulation 181R
New regulation 181R makes provision for the holder of an RVSM operational approval to request that the approval be cancelled, and sets out CASA's obligations in relation to such a request.
Regulation 181S
New regulation 181S sets out the requirements of an Australian operator using Australian aircraft in RVSM airspace. The requirements specify that before an aircraft may fly into RVSM airspace, the necessary approvals must be current, the flight crew must be trained and the necessary aircraft equipment must be functioning properly.
Regulation 181T
New regulation 181T sets out the requirements of an Australian operator using foreign aircraft in RVSM airspace. The requirements specify that before an aircraft may fly into RSVM airspace in Australian territory or begin a flight in Australian territory, the necessary approvals must be current, the flight crew must be trained and the necessary aircraft equipment must be functioning properly.
Regulation 181U
New regulation 181U describes the obligations of the holder of an RSVM operational approval with respect to the monitoring of the height-keeping performance of the aircraft covered by the approval.
Regulation 181V
New regulation 181V requires an Australian operator of aircraft with a foreign RSVM airworthiness approval to tell CASA if that approval has been cancelled by the issuing authority.
New regulations 181w and 181X come under Subdivision 4 which deals with miscellaneous matters.
Regulation 181W
New regulation 181W provides for CASA to issue certificates of approval setting out relevant information.
Regulation 181X
New regulation 181X relates to new registration marks. It allows RVSM airworthiness and operational approvals to remain in force when an aircraft's registration mark, which is used to identify the aircraft, has been replaced with a new registration mark.
ITEM 6
The decisions of CASA under this Division will be subject to review by the Administrative Appeals Tribunal. This regulation amends subregulation 297A (1) to add paragraphs (sc) to (sf) dealing with reviewable decisions relating to RSVM airworthiness approvals and RSVM operational approvals.