Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AMENDMENT REGULATIONS 2000 (NO. 6) 2000 NO. 261

Statutory Rules 2000 No. 261

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

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2000 (No. 6)

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 Safety Authority (CASA) has the function of, among other things, conducting safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise safety standards.

The Regulations will prescribe certain requirements in relation to the operation of collision avoidance systems fitted to aircraft.

Australian legislation became effective on 1 January 2000 which required all turbine 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 Airborne Collision Avoidance System (ACAS) when operating in Australian airspace. An Airborne Collision Avoidance System is equipment fitted to an aircraft which provides the pilot with a warning of the proximity of other aircraft. Equipment known as ACAS II can also provide the pilot with information about action which can be taken to avoid a collision. The only commerciallyavailable ACAS II equipment at present is the US Traffic Alert and Collision Avoidance System (TCAS II). For the purposes of the Regulations, TCAS II is considered equivalent to ACAS II.

World-wide safety monitoring experience has indicated a need for pilots to be trained in the correct use of ACAS equipment. The International Civil Aviation Organisation (ICAO) has recommended that signatory States establish training programs for pilots in the use of ACAS and the European Joint Aviation Authorities (JAA) have made a similar recommendation. In addition to these recommendations by ICAO and the JAA, the US Federal Aviation Administration (FAA) has published a recommended syllabus of ACAS training for pilots.

When the original ACAS legislation was introduced, allowance was made for Australianregistered aircraft to be permitted to fly for a limited period with the TCAS unserviceable under the provisions of a Minimum Equipment List (MEL).

No such provision was made in the regulations for the operation of foreign-registered aircraft. This has had the effect of preventing a foreign-registered aircraft from departing one Australian port for another Australian port (e.g., Sydney -Melbourne) until the TCAS equipment has been fixed.

The Regulations will:

*       specify the training and qualification requirements for pilots who are to operate aircraft with ACAS equipment;

*       require ail pilots who will use TCAS II to be certified as being qualified to use the equipment; and

*       correct an operational disadvantage which currently exists for the operators of ACAS-equipped foreign-registered aircraft operating in Australian airspace.

Details of the amending Regulations are attached.

The Regulations commence on gazettal.

ATTACHMENT

Civil Aviation Amendment Regulations 2000 (No. 6)

DETAILS OF THE AMENDING REGULATIONS

Regulation 1

Regulation 1 sets out the name of the regulations as the Civil Aviation Amendment Regulations 2000 (No. 6).

Regulation 2

Regulation 2 provides that these Regulations commencement on gazettal.

Regulation 3

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

Schedule 1 - Amendments

Item 1

Item 1 inserts after regulation 5.26 new regulations as follows:

*       5.26B, ACAS training - definitions, which provides various definitions relating to Airborne Collision Avoidance System (ACAS) and ACAS training.

*       5.26D, ACAS - currency - meaning, which defines Airborne Collision Avoidance System (ACAS): ACAS-current and ACAS training and gives the duration of each.

*       5.26F, Requirement to be ACAS-current, which provides that only an ACAScurrent pilot may act as pilot in command in an aircraft that is fitted with ACAS on or after 1 January 2001. A penalty of 25 penalty units apply for non conformance.

*       5.26H, ACAS initial training, which explains what constitutes completion of ACAS initial training.

*       5.26J, Renewal of ACAS-currency, which explains when a pilot is considered to have completed ACAS renewal training.

5.26L, ACAS cyclic training, which provides various definitions and meanings for ACAS cyclic training and explains when a pilot is considered to have completed ACAS cyclic training.

Item 2

Item 2 replaces the existing paragraph 5.51(1) (a) dealing with Personal log book requirements by adding 'other kinds of privileges' to reflect the new ACAS privileges and requirements.

Item 3

Item 3 makes a punctuation amendment to paragraph 5.59 (g) by adding a semicolon after the word 'syllabus' to cater for an additional subparagraph (h).

Item 4

Item 4 inserts a new subparagraph 5.59 (h) to cater for the new ACAS training syllabus.

Item 5

Item 5 inserts a Note at the foot of regulation 262AC that alerts readers to the new ACAS currency requirements for pilots operating ACAS equipped aircraft on or after 1 January 2001.

Item 6

Item 6 replaces the existing subregulation 262AG (3) dealing with permissions to operate an aircraft with an unserviceable Traffic Alert and Collision Avoidance System (TCAS) equipment by adding a permission for ACAS equipment fitted to a foreign registered aircraft.

Item 7

Item 7 replaces existing regulation 262AJ, Reporting unserviceable ACAS before flight, to cater for the changes mentioned in Item 6 for foreign registered aircraft operations. A penalty of 5 penalty units applies if the pilot in command fails to tell Air Traffic Control of the equipment unserviceability.