Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AMENDMENT REGULATIONS 2000 (NO. 9) 2000 NO. 296

Statutory Rules 2000 No. 296

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

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2000 (No. 9)

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 Regulations clarify the method CASA uses to formally notify operators of Reduced Vertical Separation Minimum (RVSM) approvals and to place an additional requirement on operators so that CASA can maintain a more accurate database of RVSM approvals.

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 290 to 410 inclusive) where a 1000 feet vertical separation minimum applies between RVSM approved aircraft. A 2000 feet vertical separation minimum applies between non-approved aircraft above Flight Level 290. These are internationally agreed standards.

The International Civil Aviation Organization (ICAO) requires that aircraft and operators be approved by a competent authority before conducting operations in RVSM airspace. The approvals process consists of an RVSM airworthiness approval and an RVSM operational approval.

The existing 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 existing regulations provide for the administrative control of those approvals and empower CASA to suspend or cancel an approval in certain circumstances. The regulations require CASA to issue 'certificates' to indicate an approval. CASA uses legal instruments to fulfil this requirement but now finds that the administration of legal instruments for RVSM approvals is cumbersome and difficult to manage.

The amending Regulations remove the requirement to issue a 'certificate' as the form of approval and allows a more simplified and flexible procedure to be introduced.

At present, CASA can not maintain an accurate record of RVSM approvals because the existing regulations do not specify all of the circumstances under which an operator must report changes in the operator's fleet of RVSM approved aircraft.

CASA must, under international obligations, provide accurate and up to date information on Australian approvals to international bodies charged with the responsibility of maintaining RVSM databases. The amending Regulations require an Australian operator to notify CASA when an aircraft ceases to be operated by the operator.

Details of the amending Regulations are attached.

The Regulations commence on gazettal.

ATTACHMENT

Civil Aviation Amendment Regulations 2000 (No. 9)

DETAILS OF THE AMENDING REGULATIONS

Regulation 1 - Name of Regulations

Regulation 1 sets out the name of the Regulations as the Civil Aviation Amendment Regulations 2000 (No. 9).

Regulation 2 - Commencement

Regulation 2 provides that these Regulations commence on gazettal.

Regulation 3 - Amendment of Civil Aviation

Regulations 1988 Regulation 3 provides that Schedule 1 amends the Civil Aviation Regulations 1988.

Schedule 1        Amendments

ITEM 1 - Subregulation 181G(2)

Regulation 181G empowers CASA to approve an application for an RVSM airworthiness approval and sets out the criteria for approval. New subregulation 181G(2) more clearly states that written notices of approval may include other information, and covers the intent of regulation 181W which is to be omitted.

ITEM 2 - Subregulation 181M(2)

Regulation 181M empowers CASA to approve an application for an RVSM operational approval and sets out the criteria for approval. New subregulation 181M(2) more clearly states that written notices of approval may include other information, and covers the intent of regulation 181W which is to be omitted.

ITEM 3 - Regulation 181Q, heading

Regulation 181 Q states what CASA must do when an aircraft listed on an operator's RVSM operational approval has had its RVSM airworthiness approval cancelled by either CASA or, in the case of an aircraft with a foreign RVSM airworthiness approval, by another country. The change in the heading allows other reasons for the removal of aircraft from an RVSM operational approval to be included in the regulations, for example, new regulation 181QA.

ITEM 4 - New regulation 181QA

New regulation 181QA explains what an operator and CASA must do when an aircraft listed on an operator's RVSM operational approval ceases to be operated by the operator.

ITEM 5 - Regulation 181W

Regulation 181W provides for CASA to issue 'certificates of approval' setting out relevant information. This regulation is now omitted because the requirement imposes an unnecessary administrative burden because the certificates must be issued as legal instruments, and, as such, restricts the administrative methods available to CASA for issuing an approval.