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CIVIL AVIATION AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 58
EXPLANATORY STATEMENT
Statutory Rules 2003 No. 58
Issued under the authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2003 (No. 1)
Section 98 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.
Paragraph 98(3) (d) of the Act provides that the power to make regulations includes the power to make regulations for or in relation to the planning, construction, establishment, operation and use of aerodromes, including the licensing of aerodromes.
The Regulations amend the Civil Aviation Safety Regulations 1998 (the Principal Regulations) to introduce a new Part 139, entitled 'Aerodromes' which will provide a revised regulatory regime that covers the rules for certification, registration and the operation of aerodromes used in air transport operations. The Regulations also make minor changes to the Civil Aviation Regulations 1988 as a consequence of introducing Part 139.
Part 139 has been developed as part of CASA's Regulatory Reform Program for incorporation in the Principal Regulations. The Regulations cover the rules for certification, registration and the operation of aerodromes used in air transport operations.
Existing legislative requirements about aerodromes are set out in Part 9 of the Civil Aviation Regulations 1988. Under these provisions, aerodromes that are used in regular public transport operations by aircraft certified to carry more than 30 passengers or which have a payload of more than 3,400 kg, are required to be licensed. Under Part 139, this same requirement will be extended to aerodromes that are used in any air transport operations, i.e. for both regular public transport operations and charter operations. Examples are aerodromes serving mining companies currently used by aircraft conducting charter operations.
Under Part 139 existing, aerodrome "licences" will be replaced by aerodrome "certificates". This is in line with the practice of the International Civil Aviation Organization (ICAO) under which individuals are licensed whereas facilities and organisations are certified.
Although the existing legislative scheme allows other aerodromes to be licensed, the burden of complying with all the licensing requirements does not make it a practical option for smaller aerodromes. Part 139 will provide an alternative registration regime whereby aerodromes that are not required to be certified can become registered when they meet certain specified standards and quality assurance criteria. The creation of this category of aerodromes is intended to provide pilots with some assurance of their safety status. Canada has a similar two-tier aerodrome certification and registration system.
The aerodrome registration system will not be mandatory. Operators of aerodromes used in air transport operations, which are not required to be certified, can remain outside the aerodrome regulatory system. The existing regulatory regime puts the onus on air operators to ensure that those aerodromes meet specified standards and are safe for their intended operations.
However, to ensure that those aerodromes used with some regularity in air transport operations attain a reasonable standard, the Regulations will require operators of specified aerodromes to comply with several safety measures in relation to checking, and notification to aircraft operators, of aerodrome conditions. Such operators will also be required to submit an aerodrome safety inspection report to the CASA on an annual or periodic basis.
The Regulations will require operators of certified aerodromes to implement a Safety Management System (SMS) at their aerodromes. To facilitate a smooth introduction, the SMS requirement will only apply to aerodromes used in international operations in the first instance and will apply from 1 November 2005. For aerodromes used in domestic operations, the SMS will only apply from 1 January 2007. This is in line with the International Civil Aviation Organization (ICAO) requirements.
The Regulations contain a number of provisions in relation to aerodrome requirements, which have been implemented in the form of standards. To comply with the principle that requirements are to be prescribed in regulations, Part 139 will include the following provisions:
• appointment and training of aerodrome reporting officers;
• appointment and training of works safety officers;
• provision of visual approach slope indicator (VASI) system;
• flight and specialist checking of aerodrome lighting systems, including VASI systems;
• aerodrome emergency planning;
• aerodrome serviceability and technical inspections; and
• planning and execution of aerodrome works.
The Regulations will also introduce an approval scheme for persons who wish to conduct safety inspections of aerodromes and prepare aerodrome safety inspection reports for aerodromes which are required to submit such reports. This will allow private sector aerodrome specialists, who meet specified qualification criteria, to carry out the inspection function subject to CASA oversight.
The Regulations call up a Manual of Standards (MOS) which contains the technical specifications and standards required of individual aerodrome facilities and procedures.
A number of offences in the Regulations are strict liability offences. Those offences carry a penalty of no more than 50 penalty units and the physical elements of those offences do not have any express fault elements.
A Regulation Impact Statement (RIS), CASA #0205, has been prepared and approved by the Office of Regulation Review (ORR) in support of the regulations.
Details of the Regulations are attached.
Schedules 1 and 2 of the Regulations commence on 2 May 2003 to allow the commencement of Subpart 139.H, relating to the provision of aerodrome rescue and fire fighting services, to commence unhindered on 1 May 2003.
Regulations 1 to 5 and Schedule 3 of the Regulations commenced on gazettal.
ATTACHMENT
Civil Aviation Amendment Regulations 2003 (No. 1)
DETAILS OF THE AMENDING REGULATIONS
Regulation 1 - Name of Regulations
Regulation 1 names the amending regulations as the Civil Aviation Amendment Regulations 2003 (No. 1).
Regulation 2 - Commencement
Regulation 2 provides that regulations 1 to 5 and Schedule 3 commence on gazettal and Schedules 1 and 2 commence on 2 May 2003.
Regulation 3 - Amendment of Civil Aviation Safety Regulations 1998
Regulation 3 provides that Schedule 1 amends the Civil Aviation Safety Regulations 1998.
Regulation 4 - Amendment of Civil Aviation Regulations 1988
Regulation 4 provides that Schedule 2 amends the Civil Aviation Regulations 1988.
Regulation 5 - Amendment of Civil Aviation Amendment Regulations 2002 (No. 2)
Regulation 5 provides that Schedule 3 amends the Civil Aviation Amendment Regulations 2002 (No. 2).
Schedule 1 - Amendment of Civil Aviation Safety Regulations 1998
Item 1 - Part 139, heading
Item 1 inserts the new Part 139 heading, 'Part 139 Aerodromes', in the Civil Aviation Safety Regulations 1998.
Item 2 - Part 139, Subpart A, heading
Item 2 inserts a new heading for Subpart A - Subpart 139.A - General.
Item 3 - Regulation 139.000
Item 3 deletes the existing contents of Subpart A and inserts a new table of contents 'Make-up of this Part' for Part 139.
New regulation 139.005 - Applicability of this Part
This regulation explains the applicability of Part 139 and the requirements set out for operators of certified aerodromes, registered aerodromes and other aerodromes used in regular public transport operations and charter operations and in relation to obstacles and hazards, radio communication and rescue and fire fighting services at aerodromes.
New regulation 139.010 - Definition for this Part
This regulation provides a definition of document called a Manual of Standards (MOS) which is published by CASA, as in force from time to time. The MOS contains technical specifications and standards applicable to the operation of an aerodrome. For the purposes of Part 139 the Manual of Standards is defined to mean "Manual of Standards (MOS) - Part 139 Aerodromes". A definition for MBZ meaning mandatory broadcast zone is also provided.
New regulation 139.015 - Standards for aerodromes
This regulation provides that the standards for aerodromes are those set out in the Manual of Standards.
New regulation 139.020 - Exemptions
This regulation allows CASA to exempt, by an instrument, aerodrome operators from compliance with specific provisions of Part 139 and the standards set out in the Manual of Standards. Before issuing an exemption, CASA must take into account any relevant considerations relating to the safety of air navigation. The regulation provides for CASA to set certain conditions of the exemption to ensure the safety of air navigation.
New regulation 139.025 - Access to aerodromes
This regulation requires an aerodrome operator to allow CASA to conduct tests of aerodrome facilities, equipment and operating procedures to ensure the safety of aircraft. For this purpose, an operator must allow CASA to have access to any part of the aerodrome, aerodrome facilities, equipment or records.
New regulation 139.030 - Aerodromes with non-precision approach runways to be certified or registered
This regulation requires a person who operates an aerodrome available for public use that has a non-precision instrument runway to only do so if the aerodrome is certified or registered.
New regulation 139.035 - No effect on operation of Airports (Building Control) Regulations 1996 etc
This regulation provides that Part 139 does not affect the operation of the Airports (Building Control) Regulations 1996, the Airports (Protection of Airspace) Regulations 1996 or the Airports (Control of On-Airport Activities) Regulations 1997.
New regulation 139.036 - Review of decisions
This regulation allows appeals to be made to the Administrative Appeals Tribunal for review of decisions relating to a rejection of exemption applications, a direction issued by CASA, or a refusal by CASA to register an aerodrome or to suspend or cancel the registration of an aerodrome.
Subpart 139.B - Certified aerodromes
Division 139.B.1 - Aerodrome certificate
New regulation 139.040 - When an aerodrome certificate is required
This regulation requires a person who operates an aerodrome used under certain specified conditions to have an aerodrome certificate. This requirement will apply to an aerodrome that has a runway that is suitable for use by aircraft having a maximum passenger seating capacity of more than 30 seats or a maximum carrying capacity of more than 3,400 kg, and is available for use in regular public transport or charter operations by such aircraft.
New regulation 139.045 - Application for aerodrome certificate
This regulation sets out the manner of applying for an aerodrome certificate. The application must be in a form approved by CASA.
New regulation 139.050 - Grant of aerodrome certificate
This regulation provides that CASA must grant an aerodrome certificate to an applicant if the aerodrome's facilities and equipment meet the standards in the Manual of Standards, the aerodrome's operating procedures provide for the safety of aircraft, an aerodrome manual has been prepared for the aerodrome and the applicant will be able to properly operate and maintain the aerodrome.
New regulation 139.055 - Notice of refusal to grant aerodrome certificate
This regulation requires CASA to notify an applicant in writing, within 14 days, of its refusal to grant an aerodrome licence, and the reason for the refusal.
New regulation 139.060- Aerodrome certificate may be subject to conditions
This regulation allows CASA to issue an aerodrome certificate subject to any condition CASA considers necessary in the interests of aircraft safety. An applicant must be notified in writing of the conditions, which must be set out in the certificate or in the notice given to the applicant.
New regulation 139.065 - Duration of aerodrome certificate
This regulation provides that an aerodrome certificate remains in force until it is cancelled. The regulation also provides for an aerodrome certificate not to have effect for the duration of a suspension and to recommence having effect after the suspension ends.
New regulation 139.070 - Suspension or cancellation by CASA
This regulation allows CASA to suspend or cancel an aerodrome certificate if there are reasonable grounds for believing that the circumstances set out in the regulation have occurred.
The regulation also provides that before a certificate is suspended or cancelled, CASA must give the certificate holder a show cause notice and take account of any written submissions that the holder makes to CASA.
New regulation 139.075 - Cancellation at request of holder
This regulation provides that the holder of an aerodrome certificate who wishes to have the certificate cancelled must give CASA at least 30 days written notice. CASA must cancel a certificate on the day requested.
New regulation 139.080 - Aerodrome certificate not transferable
This regulation provides that an aerodrome certificate is not transferable.
New regulation 139.085 - Temporary aerodrome certificate
This regulation allows CASA to issue a temporary aerodrome certificate for a period of not longer than 60 days and specifies the conditions under which such a certificate may be issued.
Division 139.B.2 - Aerodrome manual
New regulation 139.090 - Preparation and location of aerodrome manual
This regulation requires the operator of a certified aerodrome to have an aerodrome manual and to provide CASA with a copy of the manual. It also specifies where the operator's manual must be kept and provides that it must be made available to authorised persons.
New regulation 139.095 - Information to be included in aerodrome manual
This regulation specifies what information must be included in an aerodrome manual. The information includes details about the aerodrome site, administration and operating procedures, operational conditions or exemptions and/or any particular directions given by CASA.
Appendix 1 to subparagraph 139.095 (a) (i) (Particulars of the aerodrome site)
This appendix specifies the type of information about an aerodrome site that must be included in an aerodrome manual.
Appendix 1 to subparagraph 139.095 (a) (ii) (Particulars of the aerodrome administration and operating procedure)
This appendix specifies the type of information relating to an aerodrome's administration and operating procedure that must be included in an aerodrome manual. This includes information about the aerodrome administration, emergency plan, lighting, reporting, unauthorised entry, serviceability inspections, technical inspections, works safety, aircraft parking control, airside vehicle control, bird and animal hazard management, obstacle control, disabled aircraft removal, handling of hazardous materials, protection of radar and navigation aids and low visibility operations.
Appendix 1 to subparagraph 139.095 (a) (iii) (Particulars of the aerodrome to be notified in AIP-ERSA)
This appendix specifies the type of information about the aerodrome that is required for publication in the Aeronautical Information Publication - Enroute Supplement (AIP-ERSA) and includes aspects such as general information, information for runways, information about visual aid systems and other local information.
New regulation 139.100 - Form of aerodrome manual
This regulation provides that copies of an aerodrome manual that are required to be kept at an operator's principal place of business must be kept in printed form. Other copies may be in electronic form. The regulation also provides for changes to the manual to be clearly identifiable to a reader.
New regulation 139.105 - Amendments of aerodrome manual
This regulation provides that the operator of a certified aerodrome must amend and maintain the accuracy of the aerodrome manual. CASA may also direct the manual to be changed for the purpose of maintaining accuracy.
New regulation 139.110 - Notice of amendments
This regulation provides that the operator of a certified aerodrome must notify CASA in writing within 30 days of any amendments made to the aerodrome manual.
New regulation 139.115 - Aerodrome manual controller
This regulation provides that the operator of a certified aerodrome must appoint an aerodrome manual controller to maintain and amend the manual as required and to ensure copies of the manual and manual updates are distributed to appropriate persons.
Division 139.B.3 - Operation and maintenance of a certified aerodrome
New regulation 139.120 - Care and diligence in operation and maintenance
This regulation requires the operator of a certified aerodrome to operate and maintain the aerodrome with a reasonable degree of care and diligence.
New regulation 139.125 - Reporting officer
This regulation requires the operator of a certified aerodrome to appoint one or more reporting officers for the aerodrome. A reporting officer is responsible for monitoring the serviceability of the aerodrome and must report to the NOTAM office and air traffic control, any changes in condition at the aerodrome. The reporting officer must be trained in accordance with the Manual of Standards before appointment.
New regulation 139.130 - Works safety officer for aerodrome works other than time-limited works
This regulation requires the operator of a certified aerodrome to appoint a works safety officer whenever aerodrome works, other than time-limited works, are being carried out at a certified aerodrome. A works safety officer is responsible for ensuring aerodrome safety while the works are being carried out. The person appointed as a works safety officer must be trained in accordance with the Manual of Standards before appointment.
New regulation 139.135 - Works safety officer for time-limited works
This regulation provides that if time-limited works are being carried out at a certified aerodrome, the operator must ensure that a person who has been trained to perform the function of a works safety officer for those works actually performs that function for those works.
New regulation 139.140 - Training of aerodrome personnel
This regulation requires the operator of a certified aerodrome to ensure that the operator's personnel are trained in accordance with the aerodrome personnel training standards set out in the Manual of Standards.
New regulation 139.145 - Aerodrome manual procedures
This regulation requires the operator of a certified aerodrome to operate and maintain the aerodrome in accordance with procedures in the aerodrome manual. CASA may direct changes to be made to the procedures in the aerodrome manual in the interests of the safety of aircraft.
New regulation 139.150 - Notice of deviation
This regulation allows the operator of a certified aerodrome to make a deviation from a procedure in the aerodrome manual for safety reasons. CASA must be notified of the deviation within 30 days.
New regulation 139.155 - Notice of changes in physical condition etc of aerodrome
This regulation provides that the operator of a certified aerodrome must notify the NOTAM (Notice to Airmen) office of any temporary or permanent change to the physical condition of the aerodrome or any other occurrence that may affect the safety of aircraft. The regulation also provides that if the aerodrome is a controlled aerodrome, notice must also be given to air traffic control.
New regulation 139.160 - Notice of changes in information published in AIP-ERSA
This regulation requires the operator of a certified aerodrome to notify the Aeronautical Information Service, in writing, of any changes to information published in the Aeronautical Information Publication - Enroute Supplement (AIP-ERSA) as soon as practicable.
New regulation 139.165 - Physical characteristics of movement area
This regulation requires the physical characteristics of the movement area to comply with the standards specified in the Manual of Standards.
New regulation 139.170 - Aerodrome markings
This regulation gives the meaning for 'unserviceable area' and 'works areas' and requires the operator of a certified aerodrome to mark the movement area, any unserviceable area, and any works areas on or near the movement area, in accordance with the standards specified in the Manual of Standards. The regulation also requires that all aerodrome markings must be maintained in accordance with the standards specified in the Manual of Standards.
New regulation 139.175 - Signal area
This regulation requires the operator of a certified aerodrome that does not have a continuous air traffic service during the day to provide a signal area in accordance with the standard set out in the Manual of Standards. The operator must also display an appropriate signal in the signal area whenever the Manual of Standards requires it. The signal area and any signal displayed in it must be visible to any aircraft intending to use the aerodrome.
New regulation 139.180 - Wind direction indicators - general
This regulation requires the operator of a certified aerodrome to install and maintain at least 1 wind direction indicator in accordance with the standards in the Manual of Standards.
New regulation 139.185 - Wind direction indicators - requirement for certain runways
This regulation requires an operator of a certified aerodrome to provide wind direction indicators at a certified aerodrome if a runway at the aerodrome is used in non-precision approach operations. An operator may be exempted from this requirement if surface wind information at the aerodrome can be passed to pilots by an automatic weather observing system, by an approved observer having a communication link with pilots or by any other approved means of providing surface wind information.
New regulation 139.190 - Visual approach slope indicator system
This regulation provides that the operator of a certified aerodrome must provide a visual approach slope indicator system at the end of the runway regularly used as the approach end by jet aircraft conducting regular public transport operations or charter operations. The regulation also empowers CASA to direct an operator to provide a visual approach slope indicator in other circumstances in the interests of safety. A visual approach slope indicator system must comply with the standards set out in the Manual of Standards.
New regulation 139.195 - Lighting of movement area
This regulation requires the operator of a certified aerodrome to provide and maintain a lighting system if the aerodrome is used at night or in less than VMC (Visual Meteorological Conditions) during the day. The regulation also specifies the type of lighting system to be provided and the areas of the aerodrome that must be appropriately lit. The regulation also requires that the lighting system meet the standards specified in the Manual of Standards.
New regulation 139.200 - Checking of lighting systems
This regulation provides that the operator of a certified aerodrome must not put a new lighting system into service (including systems for approach lighting, runway lighting for instrument approach runways, a visual approach slope indicator or pilot activated lighting,) unless an approved pilot has conducted a flight check of the system, and an electrical engineer or licensed electrician has checked the system. The regulation also provides that if the checking of the system requires the use of survey equipment, the operator must ensure that checking is done by a person who is appropriately qualified and experienced in survey.
New regulation 139.205 - Aerodrome emergency committee
This regulation requires the operator of a certified aerodrome to establish an aerodrome emergency committee. The committee must include representatives of emergency service organisations that would be likely to be asked to assist in an emergency.
New regulation 139.210 - Aerodrome emergency plan
This regulation provides that the aerodrome emergency committee for a certified aerodrome must prepare, consult on, and review an aerodrome emergency plan. The operator of the aerodrome must ensure records of each review of the emergency plan are kept and retained for a period of 3 years.
New regulation 139.215 - Testing of aerodrome emergency plan
This regulation requires aerodrome emergency exercises to be conducted at least once every 2 years to test the co-ordination of emergency service organisations and the adequacy of procedures and facilities provided for in the aerodrome emergency plan. CASA may grant extensions of time to test the emergency plan if a real emergency has occurred within 6 months of the emergency exercise due date and the real emergency adequately tested the plan and response of the emergency service organisations.
New regulation 139.220 - Aerodrome serviceability inspections
This regulation explains the term 'aerodrome serviceability inspection' and sets out what must be included in an aerodrome serviceability inspection. The inspector must include inspections of matters such as the movement area, aerodrome markings, lightings and signals, obstacles, bird and animal hazards, control of entry of persons, assessment of pavements and runway strips, inspection of the frequency confirmation system and the accuracy of Notices to Airmen (NOTAMs) for the aerodrome.
New regulation 139.225 - When aerodrome serviceability inspections must be conducted
This regulation specifies that an operator of a certified aerodrome must conduct aerodrome serviceability inspections at least twice a week or on each day that an airline service operates at the aerodrome. The operator must also conduct an aerodrome serviceability inspection after a gale, storm or other severe weather conditions or whenever advised by CASA or air traffic control.
New regulation 139.230 - Aerodrome technical inspections
This regulation explains the term 'aerodrome technical inspection' and sets out the matters that need to be included in a technical inspection. The inspections must include surveys of the approach, take-off and transitional surfaces, aerodrome lighting, earthing points, pavements and drainage, signs, facilities provided for aerodrome emergencies, bird hazard management, hazardous materials management, emergency lighting, arrangements for vehicle control and the accuracy of published aerodrome information. The inspection must comply with the standards set out in the Manual of Standards.
New regulation 139.235 - When aerodrome technical inspections must be conducted etc
This regulation requires the operator of a certified aerodrome to conduct an aerodrome technical inspection at specified intervals (generally annually). The operator may elect to have parts of the technical inspection conducted at different times or as soon as practicable after an aerodrome serviceability inspection has identified the need for a technical inspection. An operator must ensure records of each technical inspection are kept and retained for a period of 3 years.
New regulation 139.240 - Who may conduct aerodrome technical inspections
This regulation provides that the operator must ensure that an aerodrome technical inspection is carried out by appropriately qualified and experienced personnel.
New regulation 139.245 - Planning and execution of aerodrome works
This regulation provides that the operator of a certified aerodrome must ensure that any aerodrome works are carried out in a way that does not create a hazard to aircraft or confusion to pilots. The regulation also requires aerodrome works to be planned in a safe manner and in accordance with specified standards set out in the Manual of Standards.
New regulation 139.250 - Safety management system
This regulation specifies when an aerodrome must have a safety management system in place at aerodromes used in international operations by 1 November 2005 and at other certified aerodromes by 1 January 2007. This regulation is based on the International Civil Aviation Organization (ICAO) requirement that is to come into effect in November 2005.
Subpart 139.C Registered aerodromes
New regulation 139.255 - Definition for this Subpart
This regulation defines the term 'aerodrome register' as the register established under Part 139, regulation 139.275.
New regulation 139.260 - Application for registration of aerodrome
This regulation describes the application process for the registration of an aerodrome.
Appendix 1 to paragraph 139.260 (2) (a) (Diagram and information for application for registration of aerodrome)
This appendix sets out the diagram and information about an aerodrome that is to be provided in an application for registration of an aerodrome. The diagram of the aerodrome must show the layout of the runways, taxiways and aprons, the aerodrome reference point, the wind direction indicators, aerodrome elevation and the location of the nearest population centre. The appendix also specifies the information about the aerodrome that must be included in an application, including information on aerodrome administration, runways, lighting, ground services, special procedures and notices.
New regulation 139.265 - Registration of aerodromes
This regulation provides that CASA must register an aerodrome if a person has applied in accordance with legislation 139.260.
New regulation 139.270 - Notice of refusal to register aerodrome
This regulation sets out the process to be followed if CASA refuses to grant an application for registration of an aerodrome. CASA must notify the operator in writing of the refusal within 14 days.
New regulation 139.275 - Register
This regulation requires CASA to keep a register of registered aerodromes and specifies the manner of keeping the register.
New regulation 139.280 - Duration of registration
This regulation specifies that the registration of an aerodrome remain in force until it is suspended or cancelled.
New regulation 139.285 - Cancellation of registration on request
This regulation describes the process under which the registration of a registered aerodrome can be cancelled on request of the aerodrome operator. The regulation also provides that CASA must cancel the registration on the date requested and must arrange that notification is provided in NOTAMS and details of the registration are removed from AIP-ERSA.
New regulation 139.290 - Suspension or cancellation of registration by CASA
This regulation allows CASA to suspend or cancel an aerodrome certificate if there are reasonable grounds for believing that the aerodrome fails to meet the applicable standards or the operator fails to comply with specified regulations. The regulation also provides before a certificate is suspended or cancelled CASA must give the certificate holder a show cause notice and take into account any written comments.
New registration 139.295 - Applicable standards for registered aerodromes
This regulation provides that the standards for a range of matters that are applicable to certified aerodromes are also applicable to registered aerodromes. These matters include the physical characteristics of the movement area, obstacle limitation surfaces, marking and lighting, wind direction indicators, signal circle and ground signals and other matters set out in the Manual of Standards.
New regulation 139.300 - Reporting officer
This regulation requires the operator of a registered aerodrome to appoint one or more reporting officers for the aerodrome. The regulation also specifies the functions of the reporting officer and requires the person to be trained in accordance with the Manual of Standards before appointment.
New regulation 139.305 - Notice of changes in physical condition etc of aerodrome
This regulation provides that the operator of a registered aerodrome must notify the NOTAM office of any temporary or permanent change to the physical condition of the aerodrome or any other occurrence that may affect the safety of aircraft. If the aerodrome is a controlled aerodrome, notice must also be given to air traffic control.
New regulation 139.310 - Notice of changes in information published in AIP-ERSA
This regulation requires the operator of a registered aerodrome to notify the Aeronautical Information Service in writing of any changes to information published in the Aeronautical Information Publication - Enroute Supplement (AIP-ERSA).
New regulation 139.315 - Safety inspections
This regulation provides that specific registered aerodromes need to have safety inspections, sets out who may conduct the safety inspections and how the reports of inspections are to be processed. The aerodromes to which these regulations apply are those that are used by aircraft engaged in regular public transport or charter operations that have a maximum passenger seating capacity of more than 9 seats.
Appendix 1 to paragraph 139.315 (4) (a) (Matters to be dealt with in safety inspections)
This appendix sets out the matters to be checked in a safety inspection of a registered aerodrome, including details of the aerodrome, operating procedures, reporting officer and details relating to the movement area.
New regulation 139.320 - Approval of persons to conduct aerodrome safety inspections
This regulation provides for the approval of persons who wish to be approved by CASA to conduct aerodrome safety inspections. An applicant for approval must have the technical qualification, knowledge and experience suitable for conducting an aerodrome safety inspection.
New regulation 139.325 - Duration of approval
This regulation specifies that an approval of a person to conduct aerodrome safety inspections remains in force for a period of 5 years unless sooner suspended or cancelled.
New regulation 139.330 - Suspension or cancellation of approval by CASA
This regulation allows CASA to suspend or cancel an approval of a person to conduct aerodrome safety inspections if the conditions of the issue of that approval have not been complied with. The regulation also provides if the approval is suspended or cancelled, CASA must give the person written notice and take into account any written submissions that the person makes to CASA
Subpart 139.D - Reporting officer and safety inspection requirements for certain other aerodromes
New regulation 139.335 - Aerodromes to which this subpart applies
This regulation applies the provision of Subpart 139.D to an aerodrome that is not certified or registered and is used at least once a week by an aircraft that is engaged in regular public transport operations or charter operations having a maximum passenger seating capacity of more than 9 seats but not more than 30 seats. The regulation also provides for CASA to direct the operator to give CASA aircraft movement statistics in order to establish the applicability of this Subpart to an aerodrome.
New regulation 139.340 - Reporting officer
This regulation requires the operator of an aerodrome to which Subpart 139.D applies to appoint one or more reporting officers for the aerodrome. The regulation also specifies the functions of the reporting officer and requires the person to be trained in accordance with the Manual of Standards before appointment.
New regulation 139.345 - Safety inspections
This regulation provides that an aerodrome to which Subpart 139.D applies must arrange for a safety inspection of the aerodrome at least once a year. The regulation also specifies that a safety inspection must be conducted by an approved person who must provide a written report to the operator. The operator must give a copy of the report to CASA within 30 days of receiving it.
Appendix 1 to paragraph 139.345 (3) (a) (Matters to be dealt with in safety inspections)
This appendix sets out the matters to be checked in a safety inspection. The matters include the details of the aerodrome, aerodrome operating procedures, reporting officer and details relating to the movement area.
Subpart 139.E - Obstacles and hazards
New regulation 139.350 - Monitoring of airspace
This regulation requires operators of certified aerodromes and registered aerodromes to monitor the airspace around the aerodrome against the penetration of the obstacle limitation surfaces by any object or gaseous efflux exceeding 4.3 meters per second.
New regulation 139.355 - Establishment of obstacle limitation surfaces
This regulation states that the obstacle limitation surfaces for an aerodrome must be established in accordance with specified standards set out in the Manual of Standards.
New regulation 139.360 - Notice of obstacles
This regulation requires aerodrome operators to detect as soon as possible, obstacles at, or within the vicinity of, the aerodrome and advise the NOTAM office of the details of those obstacles. The regulation also requires the aerodrome operator to advise CASA of any development or proposed construction near the aerodrome that is likely to create an obstacle.
New regulation 139.365 - Structures 110 metres or more above ground level
This regulation requires a person who intends to construct a building or structure that will be more than 110 metres above ground level to advise CASA of that intent.
New regulation 139.370 - Hazardous objects etc.
This regulation allows CASA to determine when an object or gaseous efflux is hazardous to aircraft operations. When CASA makes such a determination, CASA must give a copy of the determination to the proponent of the building or structure, or the person who owns or is in occupation or control of the hazardous object, the authorities whose approval is required for the construction, and in the Aeronautical Information Publication or NOTAM.
Subpart 139.F - Aerodrome radio communication services
Division 139.F.1 General
New regulation 139.375 - Aerodrome operators to collect statistics if directed
This regulation allows CASA to direct an aerodrome operator to collect aircraft statistics about types of aircraft using an aerodrome and the times of aircraft movements at the aerodrome. CASA may also collect other information that is relevant to deciding what radio communication services or air traffic services should be provided at the aerodrome.
Division 139.F.2 Frequency confirmation system
New regulation 139.380 - Definitions for Division 139.F.2
This regulation provides the meanings for a "frequency confirmation system" and a "non controlled aerodrome".
New regulation 139.385 - Aerodromes that must have a frequency confirmation system
This regulation specifies that the operator of a non-controlled aerodrome must ensure the aerodrome has a frequency confirmation system that meets the standards set out in the Manual of Standards if certain criteria are met.
Division 139.F.3 Air/ground radio service
New regulation 139.390 - Definitions for Division 139.F.3
This regulation defines the expressions "automatic aerodrome information service" (AAIS), "air/ground radio service", "certified air/ground radio operator" (CA/GRO) and "certified air/ground radio service" (CA/GRS) used in Division 139.F.3.
New regulation 139.395 - Air/ground radio service must be certified
This regulation requires an aerodrome operator to allow only certified air/ground radio services to be operated at the aerodrome. This regulation is not applicable if the radio service is used for testing purposes approved by CASA.
New regulation 139.400 - Direction by CASA to provide CA/GRS
This regulation allows CASA to direct the operator of an aerodrome to provide a CA/GRS. Such a direction cannot be given unless an aeronautical study has found that a CA/GRS is required.
New regulation 139.405 - Voluntary provision of CA/GRS
This regulation allows an aerodrome operator to provide a CA/GRS without CASA direction.
New regulation 139.410 - Certification of air/ground radio service
This regulation sets out the manner under which an operator may ask CASA to certify an air/ground radio service and how CASA may certify an air/ground radio service.
New regulation 139.415 - General obligation of aerodrome operator
This regulation provides that an aerodrome must ensure that a CA/GRS is provided in accordance with the requirements set out in the regulation.
New regulation 139.420 - When CA/GRS must be operating
This regulation provides that a CA/GRS must be operating for the arrival and departure of an aircraft that is engaged in regular public transport or charter operations and has a maximum seating capacity of more than 30 seats. The regulation also sets out the circumstances when CA/GRS need not be operating. These include the times when an air traffic control service is operating, or for a limited period of not more than 7 days, when the CA/GRO is absent, or the CA/GRS is unserviceable.
New regulation 139.425 - Information about operating hours to be given to NOTAM office
This regulation provides that the operator of an aerodrome must notify the NOTAM office of the hours of operation, and the radio frequency, of a CA/GRS. The regulation also provides that the aerodrome operator must notify the NOTAM office if a CA/GRS becomes unavailable during the notified hours of operation.
New regulation 139.430 - Certified air/ground radio operators
This regulation sets out the procedures under which a person can apply to CASA for certification as a certified air/ground radio operator.
New regulation 139.435 - Offences
This regulation provides that a person must not perform any other duties that are unrelated to the CA/GRS when the person is providing a CA/GRS. An aerodrome operator must not allow the CA/GRO to provide a CA/GRS if the CA/GRO has consumed alcohol or is suffering from an incapacity.
Item 4 - Regulation 202.000
Item 4 inserts Subpart 202.FY - Transitional provisions for Part 139 (Aerodromes) into the table of contents for Part 202.
Item 5 - Subpart 202.FY
Item 5 inserts a new Subpart 202.FY into Part 202 covering the transitional and savings provisions relevant to the new Part 139.
New Subpart 202.FY - Transitional provisions for Part 139 (Aerodromes)
New regulation 202.700 - Definitions for this Subpart
This transitional regulation defines the "old regulations", CASA's aerodrome standards publication called "Rules and Practices for Aerodromes" and "transitional aerodrome licence".
New regulation 202.701 - Aerodrome licences issued under CASR
This transitional regulation allows aerodrome licences issued under Part 9 of the old regulations (as defined in new regulation 202.700) to remain in force as if it were an aerodrome certificate granted under the new regulation 139.050..
New regulation 202.702 - Conditions of transitional aerodrome licences
This transitional regulation stipulates that any conditions attached to an old aerodrome licence are effective on the transitional aerodrome licence.
New regulation 202.703 - Duration of transitional aerodrome licence
This transitional regulation stipulates that a transitional aerodrome licence remains in force until replaced by a certificate issued under Part 139 or 3 years, whichever is sooner.
New regulation 202.704 - Previous aerodrome manuals and standards for aerodromes
This transitional regulation states the existing aerodrome manual and a number of aerodrome facilities including physical characteristics of the movement area, marking and light of the movement area, signal area and wind direction indicators and obstacle limitation surfaces that meet the standards set out in the Rules and Practices for Aerodromes and Civil Aviation Orders, as in compliance with the new regulations, Part 139.
New regulation 202.705 - Exemptions
This transitional regulation allows exemptions issued under Part 9 of the old regulations, Civil Aviation regulations 1988, to remain in force.
Item 6- Dictionary, Part 1
Item 6 introduces the meaning for a number of terms used in the new regulations to the Dictionary Part 1.
Schedule 2 - Amendments of Civil Aviation Regulations 1988
Item 1 - Part 9, Divisions 1 to 7
Item 1 removes Part 9, Division 1 to 7 (inclusive), relating to aerodrome matters, from the Civil Aviation Regulations 1988 which are now replaced by the new Part 139.
Item 2 - Schedules 10 and 11
Item 2 deletes Schedules 10 and 11 from the Civil Aviation Regulations 1988 which are now incorporated in the new Part 139.
Schedule 3 - Amendment of Civil Aviation Amendment Regulations 2002 (No. 2)
Item 1 - Schedule 2, item 8
Item 1 deletes Schedule 2, item 8 (which previously inserted into the Civil Aviation Regulations 1988 Schedule 11 Part 2 after clause 3 a new clause 4) which ensured the provider of an ARFFS under the requirements of Subpart H of Part 139 of CAR 1998 complies with the requirements of that Subpart including the Manual of Standards and the provider's operations manual. Item 2 of Schedule 2 above, now deletes Schedule 11 from the Civil Aviation Regulations 1988.
CIVIL AVIATION SAFETY AUTHORITY AUSTRALIA
Regulation Impact Statement
CASA #0205
Part 139 of the Civil Aviation Safety Regulations (CASRs)
Table of Contents
Table of Contents
Abbreviations
Proposed CASR Part 139
Background
1. The Issue
2. Objectives
3. Options considered
Option 1 - Retain current requirements without change
Option 2 - Use another country's regulatory system, adapted to Australian conditions
Option 3 - Remove existing regulations and allow industry to self-regulate
Option 4 - Revise and update current regulations and import relevant overseas experiences
Preferred Option
4. Impact analysis
Persons affected
Expected impact
Expected impact - benefits
Expected impact - costs
5. Consultation
6. Conclusion and recommended option
AA Airservices Australia
AC Advisory Circular
AFRU Aerodrome Frequency Response Unit
AIP Aeronautical Information Publication
AIS Aeronautical Information Service
ATC Air Traffic Control
CAA Civil Aviation Authority
CAAP Civil Aviation Advisory Publication
CA/GRS Certified Air/Ground Service
CAR Civil Aviation Regulation 1988
CASA Civil Aviation Safety Authority
CASR Civil Aviation Safety Regulation 1998
CAO Civil Aviation Order
DP Discussion Paper
ERSA Enroute Supplement Australia
FAA Federal Aviation Administration of the USA
FAR Federal Aviation Regulations of the USA
GPS Global Positioning System
ICAO International Civil Aviation Organization
MOS Manual of Standards
NPRM Notice of Proposed Rule Making
NOTAM Notice to Airmen
NPA Non-Precision Approach
NZ New Zealand
ORR Office of Regulation Review
RAPAC Regional Airspace Advisory Committee
RESA Runway End Safety Area
RPA Rules and Practices for Aerodromes
RPT Regular Public Transport
SARP Standards and Recommended Practices
SCC Standards Consultative Committee
SMS Safety Management System
SOR Summary of Responses
TC Technical Committee
UK United Kingdom
Proposed Civil Aviation Safety Regulation (CASR)
Background
Currently, Australia's aerodrome regulations are set out in Part 9 of the Civil Aviation Regulations (CARs 1988). As part of the Regulatory Reform Program, the Civil Aviation Safety Authority (CASA) agreed that the regulations should be rewritten in consultation with the aviation industry, using the widely known USA Federal Aviation Regulations (FAR) Parts as a guide to the breakdown of subject matters. For aerodromes, the corresponding FAR Part 139 is Civil Aviation Safety Regulation (CASR) Part 139.
In 1997, under the CASA Regulatory Framework Program, a number of Technical Committees consisting of CASA staff and aviation industry members were established to review different aspects of aviation regulations. One of the Technical Committees was Technical Committee 3 (known as TC3), made up of representatives of the then Federal Airports Corporation, the Australian Airport Owners Association, regional aerodrome operators, airlines and CASA aerodrome specialists. TC3's task was to review aerodrome regulations and standards and propose alternative standards if required. As a result of the TC3 deliberations, a Discussion Paper DP9801RP was issued in April 1998.
In conjunction with the development of air transport regulations, contained in CASR Part 121 (Air Transport Operations - Large Aeroplanes), the deliberations of TC3 and the comments to DP 9801RP were further progressed, leading to the publication of another Discussion Paper DP 0004AS in June 2000.
In September 2001, CASA published NPRM 0112AS, which formally invited public comment on the proposed CASR Part 139 - Aerodromes. This NPRM proposed to provide, as far as possible, a set of rules which taken in their entirety, promote the safety of aircraft operations at aerodromes, minimise the costs to the industry and CASA, meet the International Civil Aviation Organization (ICAO) requirements and be consistent with those of other leading aviation States. The majority of those States rely, as does Australia, on the ICAO Annex 14 Standards and Recommended Practices for the technical content of the regulations.
The proposed CASR Part 139 will prescribe the requirements for the certification and operation of aerodromes used in air transport operations. However, as the CASR Parts relating to air transport operations, Part 121A - Air transport operations - large aeroplanes, and Part 121B - Air transport operations - small aeroplanes have not been made to date, in the interim, for the purpose of the application of Part 139, air transport operations means either regular public transport (RPT) operations or charter operations.
CASR Part 139 is supported by a Manual of Standards (MOS), which sets out the aerodrome technical standards.
A series of Advisory Circulars is proposed to provide guidance information to facilitate compliance with the regulation and MOS.
1.1 Existing regulations. Currently, aerodromes used by aeroplanes engaged in Regular Public Transport (RPT) operations are regulated through Civil Aviation Regulations (CARs 1988) 88 through 89A-Z, Schedules 10 and 11 to those regulations, and a supporting aerodrome standards document titled: "Rules and Practices for Aerodromes" (RPA). Those regulations commenced in 1992 whilst the RPA was first introduced in 1987. Under this scheme, 262 aerodromes have been licensed, and about 60 unlicensed aerodromes are being used in RPT operations.
1.2 Licensed aerodromes While there are no major concerns with the existing regulatory regime, a number of concerns and minor deficiencies with the current rules have been identified. These include:
• The annual safety inspection report scheme has not provided quality assurance of the safety status of the aerodrome and is seen as an unnecessary duplication of the technical inspections;
• The regulation dealing with aerodrome reporting has not taken into account the organisational changes in the split up of CAA into CASA and Airservices Australia (AA);
• The existing aerodrome licence transfer provisions do not provide certainty of the legal status of the aerodrome during the whole period of the licence transfer process;
• Under current regulations, there is no requirement for aerodrome operators to provide an organisation structure in the aerodrome manual. At some aerodromes, particularly the larger ones with large number of staff, the role and responsibility of key aerodrome staff cannot be readily ascertained. The problem can be compounded if there is a high rate of staff change-over. The provision and maintenance of an organisation structure in the aerodrome manual will allow the persons performing various safety functions of the aerodrome to be clearly identified, and avoid the situation whereby "no-one is responsible" to occur. This should enhance aerodrome safety and allow CASA to better target its safety audit efforts;
• The RPA, which predates the regulations that commenced in 1992, needs to be re-written and re-issued as a standards only document. The rules contained therein need to be removed to avoid any duplication of and inconsistency with the regulations.
1.3 Unlicensed aerodromes. Currently only a few unlicensed aerodromes are included in Aeronautical Information Publication/Enroute Supplement Australia (AIP/ERSA) with location and contact details, but generally with no aerodrome operational information or the ability to access the Notice to Airmen (NOTAM) system. This is because there is no regulatory process to require the accuracy of the aerodrome information to be verified, or to have a trained person to provide on-going reports of changes in aerodrome conditions. Whilst these aerodromes can choose to join the licensing scheme and have the information published in ERSA, the licensing requirements are deemed too demanding and cumbersome for the small aerodromes.
Australia is a big country and aviation safety is enhanced if pilots have information of more aerodromes, both for flight planning and emergency diversion purposes. However, it is also a safety requirement that the information provided is accurate and the aerodrome is actually safe for aircraft operations. Aircraft operators have requested that a simpler scheme be devised to allow information of more aerodromes to be included in the ERSA. CASR Part 139 now offers an aerodrome registration system to allow more unlicensed aerodromes to be included in the ERSA.
1.4 Adopting ICAO initiatives. Aerodromes have traditionally been owned and operated by States but there is a growing trend to allow private entities to manage and operate aerodromes. To ensure that the privatisation process does not result in reduction in aerodrome safety, ICAO requires States to develop an aerodrome certification program. Under this program, an independent safety regulator, with appropriate aerodrome regulations, would be established to regulate the operators of aerodromes. In addition, the aerodrome regulation needs to include the use of a safety management system (SMS) in the management and operation of aerodromes. Australia has established a licensed aerodrome regime for many years, but we do not have a formal SMS requirement. ICAO has also standardised the use of the term "certified" for facilities and organisations such as aerodromes, and the term "licensing" for approval of personnel. Accordingly, CASR Part 139 would adopt the following ICAO initiatives:
• Change the name of licensed aerodromes to certified aerodromes;
• require SMS to be in place at aerodromes used in international operations by November 2005 and at other certified aerodromes by 1 January 2007.
1.5 Ground to air communications. Depending on the level and the mix of aircraft activities, certain ground based radio communication facilities may be necessary to enhance the safety of aircraft operations. Under current legislation in CAO 82.3 - Conditions on Air Operators' Certificates Authorising Regular Public Transport Operators in other than High Capacity Aircraft, the responsibility for those facilities rests with the aircraft operator, although aerodrome operators may actually already provide many of the facilities. CASA believes the existing arrangement is unsatisfactory, particularly at aerodromes serving a number of aircraft operators, as it can lead to duplication or unclear ownership responsibility. This is not conducive to timely facility maintenance or reporting of changes in service status. In addition, the requirement that individual aircraft operators provide their own communication system is a wasteful use of scarce aeronautical radio frequency spectrum. Where an aerodrome is required under CASR Part 71 - Airspace to have ground to air communication service, CASR Part 139 will require the aerodrome operator to provide the service.
1.6 Review runway standard differences with ICAO standards. Currently there are two ICAO runway standards that Australia has not adopted; Runway End Safety Area (RESA) requirements and runway surface friction measurement. Whilst the non-compliance with these standards has not been the cause of any accident or incident, CASA believes it is timely to review its approach to these standards.
1.7 Runway End Safety Area (RESA). In the past, ICAO recommended that a runway be provided with at least 90 metres (m) of RESA from the end of the runway strip. As a response to major runway over-run incidents such as the DC 10 aircraft incident in the USA at JFK Airport in 1984, ICAO upgraded the 90m RESA Recommended Practice into a Standard in 1999, and further recommended that the RESA be extended to 240m. The existing Australian RESA standard also requires the provision of 90m for runways used by RPT jet aircraft but, because Australia defines RESA as originating from the runway end, it means, in fact, that our standard is 60m less than the ICAO Standard. See illustration below:
(Illustration omitted - See printed Copy)
1.8 When the RESA was only a Recommended Practice, it could be argued that there was no obligation upon Australia to comply. However, ICAO has now upgraded the RESA requirement to a Standard. CASA believes therefore it is appropriate that Australia review its RESA standard, particularly for runways used in international operations due to:
• a number of runway overrun accidents in the USA in the 1980s, and the more recent runway over-run incidents such as those at Hong Kong and Bangkok airports; and
• the knowledge that increasing commercial pressures may require aircraft operators to maximise their payload against the runway length provided.
1.9 Following consultation with industry through the NPRM 0112AS, CASR Part 139 will adopt the ICAO RESA standard. Where it is impracticable to provide the full length of RESA, other methods, such as use of suitable material to enhance deceleration of the aircraft, or some reduction in landing distance available, or a combination of the above, may be used. In recognition that some aerodrome operators will need time to develop an implementation strategy, a five-year lead time has been provided. The ICAO recommendation of 240m RESA where practicable will be transmitted to aerodrome operators as a recommendation, not as a mandatory standard.
1.10 Runway surface friction measurement. The Australian standard currently does not require runway surface friction to be checked periodically by an approved friction-measuring device against established criteria as specified in ICAO Annex 14. Australian current practice is by visual inspection of the pavement. Whilst this may have been justifiable in the past, the runways are now used by increasingly larger aircraft with greater landing momentum, which require runway friction for deceleration and stopping purposes. As the runway surface can be degraded over time and by contaminates such as rubber, a good knowledge of the runway surface friction characteristics is necessary for pavement maintenance purposes. In addition, some aircraft manufacturers allow a higher cross-wind limit if the runway surface friction meets a certain criterion. To ensure that Australian runways meet surface friction criteria, CASA proposes that the ICAO friction measuring standard, being more scientific and objective, be adopted.
1.11 Non-Precision Approach (NPA) procedures at aerodromes. When a runway is upgraded by the provision of NPA procedures, pilots will be able to conduct a straight-in approach and landing with a reduced landing minima, i.e. they will be able to descend to a lower altitude and be closer to the aerodrome, before deciding whether to continue the landing process. In marginal visibility conditions, the fact of being lower and closer to the aerodrome means that there is a higher chance that a pilot can see the runway and complete the landing. The straight-in approach procedure means a pilot is provided with a runway aligned air route, an obstacle free altitude, and does not need to fly a circling approach to the aerodrome, with the attending risk of confronting high terrain and loss of orientation. Therefore NPA procedures are considered much safer, especially for night operation. With the introduction of the satellite based Global Positioning System (GPS) in air navigation, instrument NPA procedures can now be provided for operations to aerodromes and aircraft landing areas not served by ground-based navigation aids. However, before NPA procedures are provided for an aerodrome, there are a number of safety requirements. One is that pilots would be forewarned if there is a change in the condition of the aerodrome which affects their operations, normally achieved through the NOTAM system. Another is that closed-in obstacles need to be checked to assess their effect on the straight-in operations. For safety purposes, CASA believes it is necessary to limit NPA procedures to those aerodromes which will have access to the NOTAM system, i.e. certified or registered aerodromes.
2. Objectives
2.1 The objective of the proposed CASR Part 139 is to establish a regulatory system to ensure that aerodromes used in air transport operations have to meet specified safety standards and are operated in accordance with acceptable safety procedures. The aim is to establish Australian legislation as an international best practice.
2.2 The specific objectives of the proposed CASR Part 139 are to:
• Establish an appropriate regulatory structure to apply to any entity currently providing or proposing to provide an aerodrome;
• Consolidate all relevant rules, procedures and standards, both existing and proposed, into one cohesive document; and
• Establish supporting technical standards and guidance material.
2.3 In addition to the specific objectives, CASA also seeks to satisfy the criteria established for the development of the CASRs. CASA's primary objective is to provide standards that are clear, concise and unambiguous, and which are:
• focused on safety, adopting a systems approach where appropriate;
• consistent with Australia's international obligations;
• harmonised with international standards, unless unique Australian circumstances require otherwise;
• cost-effective; and
3. Options considered
3.1 The principle options that have been considered are:
• Option 1 - Retain current requirements without change;
• Option 2 - Use another country's regulatory system, adapted to Australian conditions;
• Option 3 - Remove existing regulations and allow industry to self-regulate; or
• Option 4 - Revise and update current regulations and import relevant overseas experiences.
Option 1 - Retain current requirements without change
3.2 This option was considered unacceptable because it did not address the concerns raised by the aviation industry and CASA with the existing regulations (as discussed previously in Section 1 - The Issue).
Option 2 - Use another country's regulatory system, adapted to Australian conditions
3.3 Current regulations are developed in accordance with the Australian legal system, government policies and local conditions. Whilst some States have similarities in some areas, as explained later, there is no regulatory system that can be readily adopted without major changes to suit Australian conditions.
Option 3 - Remove existing regulations and allow industry to self-regulate
3.4 Air transport is an important component of the national transport system and the availability of aerodromes having adequate and safe facilities is critical to the system. Often there are conflicting interests and commercial differences between aerodrome operators, airlines and other aerodrome users, and these pressures could result in reduced aviation safety. Further, as a contracting State to the Convention on International Civil Aviation (the Chicago Convention), Australia has an obligation to provide facilities at aerodromes used in international operations that comply with ICAO standards. The option to self-regulate is not deemed feasible, as explained later, as it may fail to meet these standards.
Option 4 - Revise and update current regulations and import relevant overseas experiences.
3.5 This is CASA's preferred option because it will cause the least inconvenience and disturbance to existing aerodromes.
3.6 The following table examines this option against the objectives of the proposed regulatory change.
| Option 1 - Retain
current requirements without change
| |
| Objective
|
Determination
for Option 1
|
| Establish
an appropriate regulatory structure to apply to any entity currently providing
or proposing to provide an aerodrome
|
•
The current aerodrome regulations need to be updated in the
light of experiences gained in their application for the last decade and to
incorporate government direction to CASA.
|
| Use
another country's regulatory system, adapted to Australian conditions
|
•
Not applicable as no other advanced aviation country of the
size of Australia has developed similar local and private ownership of
aerodromes.
|
| Establish
supporting technical standards and guidance material
|
•
The current RPA is legally uncertain because it was produced and used as the
aerodrome standards document before the enactment of the CAR 89 series of
regulations. • After extensive amendment over the years, the RPA needs a complete overhaul. Production of a new standards document with legal certainty is necessary.
|
3.7 This option fails to satisfy the criteria/objectives because:
• It would not conform with the CASA regulatory reform format of using the FAR Parts system to address similar subject matter.
• The current regulations need to be updated to take into account experiences gained in the last decade of their application.
• The current regulations need to be amended, to implement in the aerodrome sector, government direction to CASA to reduce the distinction between charter and RPT operations and to raise the level of air safety in remote areas.
• The status of the aerodrome standards document, the RPA, needs to be given legal certainty.
Option 2 - Use another country's regulatory system, adapted to Australian conditions
3.8 The UK, FAA, Canadian, NZ and ICAO provisions relating to aerodrome certification and operation were reviewed. The salient points of this review are as follows:
• UK CAA legislation requires certification of all aerodromes used by aircraft with maximum take-off weight in excess of 2730kg, conducting public transport of passengers or for the purposes of instruction in flying training. If this is adopted in Australia, it would impose very significant cost burden on the industry and CASA.
• USA FAA legislation presents standards in the form of Advisory Circulars (AC) but requires aerodromes in receipt of FAA funding or approval to collect passenger facility charges to comply with standards. Australian aerodromes do not generally receive federal funds. Also, US legislation allows the FAA to make determinations based on public interests, which is not within the purview of CASA. In addition, the US legal system allows FAA ACs to achieve compliance through the fear of liability litigation, which is not the corner stone of the Australian legal system.
• The Canadian legislation requires certification of any aerodrome:
o located within a built-up area of a city or town, or
o if an aerodrome is used by air carrier as a main base or for a scheduled passenger-carrying service; and
o if the Minister feels certification is in the public interest.
Although the complexity of an aerodrome serving the community can be related to the size of the city or town, without a quantitative criterion, such as aircraft passenger seats, this approach can result in uncertain certification requirements and outcomes. Again, the matter of public interest is not within the purview of CASA. Due to its size and population spread, Australian aviation requirements are not comparable to most other countries. The Canadian aerodrome registration system is used in CASR Part 139.
• New Zealand (NZ) has a similar aerodrome regulatory system to that of Australia in that aerodromes used by aircraft above 30 passenger seats require licensing. However, the NZ aerodrome regulatory system does not need to address wide spread aerodromes in regional and remote localities.
• ICAO has specified that States institute a system to certify aerodromes, in accordance with guidelines, and require aerodromes used in international operations to be certified by November 2003. ICAO leaves to individual States to devise an appropriate aerodrome certification system. The proposed Part 139 is in accordance with ICAO guidelines.
3.9 The following table examines this option against the objectives of the proposed regulatory change.
| Option
2 - Use another country's regulatory system, adapted to Australian conditions
| |
| Objective
|
Determination
for Option 2
|
| Establish
an appropriate regulatory structure to apply to any entity currently providing
or proposing to provide an aerodrome
|
•
No other country's aerodrome regulatory system can be
adopted in its entirety for Australian conditions.
|
| Use
another country's regulatory system, adapted to Australian conditions
|
•
Some elements of other country's aerodrome regulatory
system are used in CASR Part 139, e.g. 30 passenger criterion for certification
as used in USA and NZ, the registration system for small aerodromes as used in
Canada.
|
| Establish
supporting technical standards and guidance material
|
•
As with other countries, much of the Australian aerodrome standards are based
on ICAO Annex 14 and related documents.
|
3.10 This option fails to satisfy the criteria/objectives because:
• Although the CASR Part 139 adopted some elements of other countries' practices, no other countries' regulations can be adopted in their entirety to suit Australian conditions.
Option 3 - Remove existing regulations and allow industry to self-regulate
3.11 This option would involve government relinquishing direct regulation and control of aerodromes. The benefit of this option could be the introduction of initiatives and innovative means of running aerodromes. However, there are a number of problems with this approach, as discussed below:
• Loss of standardisation: This is a crucial element of aerodrome safety because pilots are trained to recognised and interpret standard patterns and signals provided at aerodromes. Aerodrome facilities and procedures that do not accord with the standards can cause confusion. In certain phases of flight, pilots have only a very short time frame to make critical operational decisions. Any confusion as a result of non-standard aerodrome pattern or signal is a risk to aircraft safety. In addition, even if a non-standard facility or procedure can deliver a similar outcome, the need to respond to different aerodrome situations will impose a significant workload on pilots, which is not conducive to aircraft safety. In addition, unless specific arrangements are in place, the self-regulatory approach may make it difficult for the Commonwealth Government to discharge its international obligations.
• Reliance of aerodrome to invest in a sufficient level of safety without government intervention: As a commercial entity, aerodrome operators have to balance their resources across a range of interests. Investment on aerodrome safety does not normally bring immediate tangible results or improve the company balance sheet. Doing the right thing safety-wise will therefore depend on individual diligence and the priority placed on safety against competing demand based on other commercial considerations. This system will not provide the travelling public with a high degree of comfort.
• Public perception of safety: Unlike other modes of transport, air transport is still regarded by some as a more dangerous form of transport. So it is important that the travelling public's concern on air safety is allayed as much as possible. The public will perceive a system regulated by the government as more reliable than a system self-regulated by the provider of the service, where commercial interests may be given precedence over other interests, such as safety.
3.12 The following table examines this option against the objectives of the proposed regulatory change.
| Option
3 - Remove existing regulations and allow industry to self-regulate
| |
| Objective
|
Determination
for Option 3
|
| Establish
an appropriate regulatory structure to apply to any entity currently providing
or proposing to provide an aerodrome
|
•
It may not be appropriate for the government to abrogate
its regulatory responsibility, as air transport is an increasingly important
service used by the public.
|
| Use
another country's regulatory system, adapted to Australian conditions
|
•
No other countries have devolved aerodrome regulation to the industry.
|
| Establish
supporting technical standards and guidance material
|
•
If the self-regulatory model is adopted, then the technical standards and
guidance material will only be advisory, compliance of which is the prerogative
of the aerodrome operators.
|
3.13 This option fails to satisfy the criteria/objectives because:
• There is no guarantee that the outcome will meet aerodrome safety objectives, or allow Australia to discharge its obligations to international aviation; and
• It may contribute to a potential loss of standardisation which is a critical element of air safety.
Option 4 - Revise and update current regulations and import relevant overseas experiences.
3.14 This option provides a regulatory framework that would facilitate safety oversight by CASA and provides a mechanism for the certification of existing and new industry participants.
3.15 The following table examines this option against the objectives of the proposed regulatory change.
3.16 Comparing the options above to the established objectives and taking into account industry responses to initial public consultation (Discussion Paper DP 0004AS), the project team determined that Option 4 - Revise and update current regulations and import relevant overseas experiences is the preferred option. This option could best achieve all the stated objectives by:
• Establishing an appropriate regulatory structure to apply to any entity currently providing or proposing to provide an aerodrome;
• Requiring aerodromes to be licensed which are used for air transport operations (currently known as regular public transport and charter operations);
• Specifying minimum standards and practices for aerodrome operation and provide relevant advisory material; and
• Complying with Australia's commitments to ICAO.
4. Impact Analysis
Synopsis of change proposal
4.1 By proceeding with the preferred option to introduce proposed CASR Part 139 it is expected the proposals will set standards for the provision of an aerodrome and enable CASA to ensure, by surveillance, that aerodrome operators perform their work in compliance with regulatory standards.
4.2 The key features of the preferred option include:
• Aerodrome licensing requirement to be extended to cover all aerodromes used in air transport operations (RPT or charter) by aircraft exceeding 30 passenger seats or 3400kg payload;
• The inclusion of aerodromes owned by mining companies used in closed charter operations in the regulatory framework;
• An new aerodrome category to be introduced called Registered Aerodromes enabling currently unlicensed aerodromes to have their operational data published in Aviation Information Publication (AIP) Enroute Supplement Australia (ERSA) and changes put on Notice to Airman (NOTAM);
• An accreditation system to be introduced to approve persons providing specialist services to registered aerodromes. Report of annual safety inspection of registered and other aerodromes by an approved person to be submitted to CASA;
• Existing Rules and Practices for Aerodromes to be replaced by a new Manual of Standards (MOS) - Part 139;
• MOS - 139 to specify the standards for aerodromes handling aircraft of 9 or less seats operating under Part 121B;
• ICAO standards on runway end safety area (RESA) and runway surface friction measurement to be introduced at aerodromes used in international operations;
• Licensed aerodromes to be known as Certified Aerodromes in accordance with ICAO convention, and they will be required to adopt a safety management system; and
• Standards to be prescribed for aerodromes required to provide a ground based communications system, including Aerodrome Frequency Response Unit, Unicom, and Certified Air Ground Operator Services.
Expected impact
4.3 CASR Part 139 will eventually adopt the new classification of aircraft operations, i.e. use the term 'air transport' to replace the existing 'regular public transport' and 'charter' operations which will be introduced under CASR Part 121A and CASR Part 121B. In the interim, pending the making of those parts, regular public transport and charter operations have been considered as a single operational standard for the purposes of the application of CASR Part 139. The effect of this change means CASR Part 139 will now also be applicable to operators of aerodromes hitherto used only for charter operations, by aircraft with more than 30 passenger seats. A number of aerodromes currently serving mining operations will be affected.
4.4 For licensed aerodromes, the following significant changes to existing regulations are proposed in the new CASR Part 139:
• Licensed aerodromes will now be known as certified aerodromes. For the transition period, it is proposed that all existing aerodrome licences be deemed as valid for 3 years from the date of the new CASR Part 139, or until they are replaced by a new aerodrome certificate, whichever is earlier. For existing licence holders, there is no need for an application for the new certificate, but CASA will need confirmation that the holder's Aerodrome Manual has been updated to comply with CASR Part 139;
• On a change of operator, the aerodrome certificate will be re-issued instead of being transferred. A temporary certificate may be issued to bridge the gap during the change-over process;
• The requirement of an annual safety inspection report for certified aerodromes will be deleted, but the content coverage of the technical safety inspection report will be increased, and this report must to be retained for at least 3 years;
• The clear prescription of notification channels will be maintained - to NOTAM Office, Aeronautical Information Service (AIS), Air Traffic Control (ATC) and CASA;
• The clarification of training needed by personnel to conduct aerodrome safety functions;
• Foreshadowing the need to adopt a safety management system at certified aerodromes, and an applicable date of November 2005 to have the SMS in place for aerodromes used in international operations. The use of a SMS in aerodromes is to ensure that safety is given appropriate attention at all levels of the aerodrome organisation industry, and is in line with other areas of aviation;
• The addition of a requirement to set out details of the aerodrome administration in the Aerodrome Manual; and
• The specification of radio communication facilities to be provided at an aerodrome, to satisfy the requirement of CASR Part 71 - Airspace. CASR Part 71 prescribes the criteria, based on aircraft mix and level of activities, under which a range of air traffic services, including radio communication facilities, are to be provided at an aerodrome.
4.5 For unlicensed aerodromes, it is proposed that a new Registered Aerodrome scheme be introduced. Transport Canada successfully uses such a scheme to publish information about small aerodromes in their AIP. CASA understands that the USA Federal Aviation Administration (FAA) is also looking at a regulatory regime for this category of aerodromes. The main features of the registered aerodrome scheme are:
• It is voluntary, and only a nominal fee for the registration will be charged by CASA;
• To be registered, the applicant will need to satisfy specified entry control and on-going maintenance requirements, including the provision of appropriately trained reporting officers;
• Once registered by CASA, the aerodrome information will be published in ERSA, and changes can be notified through a NOTAM; and
• Instead of scheduled CASA audits, CASA will appoint appropriately qualified persons from the industry who can be selected by aerodrome operators to conduct periodic safety inspections of the aerodrome.
4.6 For the new Manual of Standards (MOS) Part 139, the proposed significant changes from the current RPA are:
• The ICAO standard for runway end safety area will be adopted, which will be applicable to all new runways or runway extensions. Existing runways, serving code 4 jet aeroplanes will be required to meet the RESA standard of 90m from the runway strip end within 5 years from the date of the MOS-139. The MOS will provide the following options in meeting RESA standards:
° provide the land to meet the specified RESA;
° where it is not practicable to provide the full length of RESA, use an engineering solution to prepare the RESA surface such that it will assist effectively in aircraft deceleration, e.g. by use of a soft ground arresting system; or
° the reduction in runway operating length to cater for RESA.
• The ICAO standard for the measurement of runway friction for runways serving code 4 jet aeroplanes engaged in international operations will be adopted and be applicable within 5 years of the date of the MOS-139.
• For existing aerodrome facilities that do not meet relevant standards in the MOS-139, aerodrome operators will be required to indicate a timing when the facility will be brought up to standard.
• Add a new chapter on applying to have aerodromes registered and the operating standards for registered aerodromes.
• Add a new chapter on the standards of radio communication facilities, which may need to be provided at an aerodrome.
Effect on existing regulation
4.7 The following consequential amendments to the existing legislation will need to be made when the relevant section of CASR Part 139 is promulgated. These include:
• repeal of relevant/associated CARs 1988;
• repeal of relevant/associated CAOs;
• review of all existing CAAPs and subsequent re-issue of relevant material in Advisory Circulars (AC's);
• amendment to the ERSA and the AIP; and
• amendment of an editorial nature to all documentations with reference to licensed aerodromes.
Expected impact (benefits and costs)
4.8 The benefit, which can be derived from the proposed changes, is an overall enhancement of the safety of the aerodrome sector of the aviation industry. However, there will be costs associated with some of the changes and these are described below.
4.9 There will be a cost (associated with licensing/administration) for approximately 10 currently unlicensed aerodromes used for charter operations by aeroplanes with more than 30 passenger seats. The estimated licensing cost for each is in the order of $10,000. There will also be a need to provide training for aerodrome reporting officers at a one-off cost of approximately $1,000 to $2,000. In addition, the aerodrome operators will need to arrange for annual technical inspections which, depending on complexity, may cost in the range of approximately $2,000 to $5,000. The benefit is that these aerodromes which do serve a large number of passengers, will meet the same standard as other aerodromes used by similar aircraft size. There may also be some reduction in the aerodrome insurance premiums.
4.10 For certified aerodromes used in international operations, (7 major and 10 restricted use international) there will be costs in bringing the aerodromes into line with international standards, as follows:
• Adopting a safety management system. Aerodrome operators will be expected to develop a Safety Management System (SMS) commensurate to the complexity of their aerodromes. CASA does not propose at this time to prescribe mandatory standards. The costs would mainly be time spent in evaluating safety risks, devising counter measures and documenting procedures and responsible persons. It could be expected that, if consultants are required, associated costs for preparing a SMS will be incurred, which may run into thousands of dollars. CASA is working with the Australian Airports Association in the development of guidance material to facilitate the smooth and economic introduction of a SMS.
• Providing RESA. Where land is available, the cost would be minimal. Where land is not readily available owing to the presence of a road, waterway or other constraint, an alternative would be to provide a soft ground arresting system. Some USA runways have been provided with soft ground arrestor systems made of cellular cement blocks or phenolic foam. Depending on the material adopted, CASA anticipates that significant costs may be incurred which may run to hundreds of thousands of dollars. Another option would be to reduce operating runway lengths, but this could limit the maximum payload of aircraft which may not be acceptable to the airlines.
• Runway surface friction measurement. Surface friction measuring devices are used on major Australian roads. The cost for a round of runway surface friction measurement is in the order of $2,000 to $5,000.
4.11 To allow smooth planning and cost budgeting, a five year period is provided for the introduction of these standards. The benefit is that Australian aerodromes used in international operations will be in compliance with international standards.
4.12 For all existing licensed aerodromes, there is no cost involved in the change-over of the licence to a certificate. There may be a minor administrative cost relating to updating the Aerodrome Manual in accordance with CASR Part 139, such as providing an organisational structure. There would be a saving with the deletion of the current annual safety inspection and report.
4.13 Unlicensed aerodromes are being offered a means of getting their aerodrome information in the ERSA and having access to the NOTAM system. The costs include having a CASA approved person periodically verify the safety status of the aerodrome, which costs in the order of $2,000, and ensuring their reporting officers are appropriately trained. Courses for this category of personnel offered by training organisations may be in the order of hundreds of dollars to thousands of dollars. One of the benefits of being registered is that aerodrome operators will be able to demonstrate that they are meeting their duty of care obligations to aeroplanes which operate from their aerodromes. An additional benefit is that pilots will not need to make an enquiry about the aerodrome for each flight and the information provided will be more creditable.
4.14 Unlicensed aerodromes currently used for RPT operations need to have trained reporting officers and must submit a safety inspection report to CASA annually if the aircraft conducting RPT operations has more than 9 passenger seats. It is proposed that these requirements remain, but be extended to all aerodromes used at least once per week by aircraft with more than 9 passenger seats conducting such air transport operations. A small number of aerodromes serving mining companies for regular charter operations will be affected. The annual cost is in the range of $2,000. This is a considered quality assurance measure to ensure that aerodromes used by a sizeable number of passengers will not be allowed to deteriorate to an unsafe situation.
4.15 The provision of radio communication facilities is dependent on the level and mix of aircraft activities at an aerodrome and in accordance with the criteria of CASR Part 71. There should be no additional cost in gathering aircraft movement statistics as this information is currently gathered for landing charges purposes.
• Aerodrome Frequency Response Unit (AFRU). The cost of providing an AFRU is about $2,000 one-off and currently some 80 aerodromes are equipped with such a unit. Based on the proposed criteria for mandatory broadcasting zone in CASR Part 71, it is unlikely that additional AFRU's will be required.
• Certified Air/Ground Service (CA/GRS). The cost of setting up a CA/GRS is in the order of $100,000 - $150,000 initially, and the on-going operating cost is in the order of $50,000 - $100,000 per annum. Before a CA/GRS is provided, CASR Part 71 requires the service be justified through an Aeronautical Study. The Aeronautical Study process is a formalisation of the existing Safety Case process which is used by Airservices Australia, and many other air traffic services providers in leading aviation nations. It is used to analyse the need for and justify proposed changes to the level of air traffic services provided to, and funded by, the aviation industry. In relation to the question of whether or not a CA/GRS should be provided at any non-controlled aerodrome, the requirement for the Aeronautical Study imposes a disciplined, structured approach on CASA and other interested stakeholders to conduct such studies, or to ensure such studies are undertaken, before any mandatory requirement is imposed on aerodrome operators to provide a CA/GRS.
• CASR Part 71 proposes that an Aeronautical Study for a CA/GRS be undertaken where the total annual air traffic movement rate exceeds 7,500 Instrument Flight Rules (IFR) movements, or 40,000 total aircraft movements. (IFR aircraft movements represent those movements by aircraft which are mainly commercial passenger transport aircraft.) In carrying out an Aeronautical Study, a CA/GRS would only be required where the Study shows a positive net benefit/cost would result from the provision of the CA/GRS. In other words, the costs of providing the service would, over a specified time (period of 10 years) be less than the estimated costs arising from any potential aircraft accidents resulting in loss of life or property which the presence of the CA/GRS would have averted. Based on current statistics, it is likely that 20 additional CA/GRS's may be required. Under the existing CAO 92.3 - Condition Applicable to Licences Issued to Special Traffic Mix Aerodromes, there are presently only two aerodromes that are required to provide this service.
4.16.1 Summary of costs
Aerodrome Certification
Currently there are 10 unlicensed aerodromes which will need to be certified. This will include:
• a one-off certification cost in the order of $10,000 each;
• training costs of approx. $1,000-2,000 for aerodrome reporting officers; and
• on-going annual costs of $2,000-5,000 for aerodrome technical inspection.
Safety Management System
For the 17 major and restricted international aerodromes there will be no additional costs if the SMS is developed in-house, as part of the work of the existing aerodrome staff. If a consultant is used, then depending on complexity of the aerodrome, the likely fees can be in the low tens of thousands of dollars.
Compliance with RESA standard: Estimated costs are not quantifiable, as it will depend on the proposed solution adopted by individual aerodromes.
• Where land is available, the costs would be minimal;
• Where the acquisition of land for RESA is impracticable, costs for compliance would depend on the proposed solution
o using engineering solution may cost anything from half to a million dollars;
o reduction of operational length of runway may impose operational costs on certain aircraft operators which require full length of the runway.
Runway surface friction measurement: Using hired equipment and consultant, cost of each measurement is in the order of $2,000 to $5,000. It is expected that major aerodromes will acquire the measuring device and use their staff to do the routine measurement. The cost of the measurement device alone should be in the order of $10,000-20,000.
Costs to existing licensed aerodromes in converting to Part 139: Currently there are 262 licensed aerodromes. CASA will issue new aerodrome certificates at no cost to the aerodrome operators.
Costs of registration: This is an option provided to aerodrome operators. The take-up rate cannot be quantified but is in the order of $200.00.
• Aerodrome inspection report - in the order of $2,000.
• Training of aerodrome reporting officer -- $1,000 - $2,000.
• On-going costs - annual inspection report @ $2,000.
Costs of Aerodrome Frequency Response Unit (AFRU): Currently about 80 aerodromes are equipped with the AFRU. The cost of each unit is in the order of $2,000. It is not anticipated that a lot more additional aerodromes would require the AFRU.
Costs of Certified Air/Ground Service (CA/GRS): Currently 2 aerodromes are provided with CA/GRS.
• Establishment costs - $100,000-$150,000
• On-going operating costs - $50,000-$100,000 per annum
• Additional aerodromes that may need to provide CA/GRS - in the order of 20.
Impact on small business operating on aerodrome: Part 139 does not have impact on small businesses operating on aerodromes.
4.17 CASA believes the proposed regulations add value to the Australian aviation safety system. It has little, if any, impact on aviation related businesses conducted at the aerodrome.
Persons Affected
4.18 The persons affected by CASR Part 139 are:
• Licensed aerodrome operators;
• Unlicensed aerodrome operators;
• Airlines;
• Persons involved in the operation and maintenance of aerodromes; and
• Aerodrome consultants.
4.19 Other entities likely to be affected to a lesser extent include:
• The travelling public;
• Ground handling personnel employed by airlines;
• Government departments, agencies and organisations that have an involvement or interest on aerodromes;
• Instrument procedure designers;
• Aerodrome and Airways training organisations; and
• Aerodrome and Airways equipment suppliers.
5. Consultation
5.1 CASA is committed to working cooperatively with the aviation industry to maintain and enhance aviation safety. In meeting this commitment, the CASA Standards Consultative Committee (SCC) is a joint CASA/industry forum, set up to involve the aviation industry formally during the development phase of regulatory material. The SCC examines proposed regulatory changes to determine if they are worth pursuing and assists CASA in the allocation of priorities for those projects. Aviation industry experts then work together with CASA staff in subordinate groups (SCC Sub-Committees and Project Teams) on the detailed development of regulatory material (both new regulations and amendments).
5.2 All legislative change projects use standard project management methodology in accordance with CASA's Regulatory Reform Plan. Each project has seven distinct phases:
• Initiation and Planning - the project is defined, a CASA/industry project team is selected with the assistance of the Standards Consultative Committee (SCC), and a project plan developed;
• Regulatory Development - involves data gathering, evaluation and consultation through project meetings, NPRMs and consultation briefings;
• Legal Drafting - by the Attorney General's Department;
• Formal Consultation - involves Notices of Proposed Rule Making (NPRM), consultation briefings and Summaries of Responses (SORs);
• Legislative Approval - involves a Regulation Impact Statement (RIS), approval of the regulations by the Minister for Transport and Regional Services, and "making" of the Regulations by the Governor-General;
• Implementation - includes industry education and training managed by CASA's Aviation Safety Promotion Division; and
• Commencement of the Regulations.
5.3 Consultation on the aerodrome regulatory review started in 1997 with the formation of Technical Committee 3 (TC3), under the CASA Regulatory Framework Program. TC3 was made up of representatives of the then Federal Airports Corporation, the Australian Airport Owners Association, regional aerodrome operators, airlines and CASA aerodrome specialists. TC3 was established to review aerodrome regulations and standards and propose alternative standards if required. A Discussion Paper DP9801RP was issued in April 1998.
5.4 In conjunction with the development of air transport regulations, contained in CASR Part 121 (Air Transport Operations - Large Aeroplanes), the deliberations of TC3 and the comments to DP 9801RP were further progressed, leading to another Discussion Paper DP 0004AS in June 2000, which set forth a range of proposals to amend the existing aerodrome regulations.
5.5 In September 2001, CASA published NPRM 0112AS which formally invited public comment on the proposed CASR Part 139 - Aerodrome Certification and Operation. This NPRM proposed to provide, as far as possible, a set of rules which taken in their entirety, promote the safety of aircraft operations at aerodromes, minimise the costs to the industry and CASA, meet the International Civil Aviation Organization (ICAO) requirements and are consistent with those of other leading aviation States. The majority of those States rely, as does Australia, on the ICAO Annex 14 Standards and Recommended Practices for the technical content of the regulations.
5.6 The NPRM contained proposed legislative changes (Part 139), a draft Manual of Standards (MOS) and the consolidated results of previous consultation conducted through a Discussion Paper (DP 0004AS) on aerodrome certification and operation. The period for public comment on the proposals contained in the NPRM closed on 16 November 2001. However this period was extended to end 2001 following requests from the aviation community. NPRM 0112AS was posted to the CASA website on 11/9/2001 and the availability notified in the Australian newspaper 'aviation supplement' on 14/9/2001 and the Weekend Australian on 15/9/2001. Some 400 printed copies of the NPRM were distributed. At the closing date, CASA received thirty-five (35) responses to the NPRM.
5.7 The disposition of individual comments was as follows and the percentage disposition is shown below:
| Disposition
of Comments
|
No
of comments
|
| Acceptable
without change
|
5
= 14%
|
| Acceptable
with change
|
15
= 43%
|
| Not
acceptable
|
0
= 0%
|
| Not
acceptable unless changed
|
7
= 20%
|
| Not
stated
|
8
= 23%
|
| Total
= 35
| |
The salient points of the responses are:
• No opposition to the new aerodrome certification program or the new MOS 139;
• No opposition to the aerodrome registration system;
• A number of Charter operators and mining companies sought clarification on the proposed CASR Part 139. Clarification was given and no report of concerns.
• Request for consideration of individual cases from two aerodrome operators on RESA implementation. This will be addressed when the aerodrome operator develop their implementation strategies. It should be noted that CASR Part 139 contains a provision for exemption of regulations and standards, where justified.
5.8 In the period August - October 2001, CASA conducted a program of industry briefings in major centres coinciding with Australian Airports Association and RAPAC meetings. These briefings were held concurrent to the issue of a NPRM 0112AS. This included visits to Sydney, Launceston, Essendon, LaTrobe Valley, Brisbane, Adelaide, Hobart, Canberra, Perth, Darwin and Townsville.
5.9 A Summary of Responses (SOR), which presents CASA's evaluation of each comment, received on NPRM 0112AS, together with the consequent disposition of the final legislative changes has been prepared and will be made publically available to coincide with the making of the legislation. The SOR will be available on CASA's website at www.casa.gov.au.
6. Conclusion and recommended option
6.1 The following table shows the comparison of the objectives and an assessment of each option, and clearly shows the benefits of Option 4.
Objective |
Option
1
|
Option
2
|
Option
3
|
Option
4
|
| Retain
current requirements without change
|
Use
another country's regulatory system, adapted to Australian conditions
|
Remove
existing regulations and allow industry to self-regulate
|
Revise
and update current regulations and import relevant overseas experiences
| |
| Establish
an appropriate regulatory structure to apply to any entity currently providing
or proposing to provide an aerodrome
|
no
|
no
|
no
|
yes
|
| Use
another country's regulatory system, adapted to Australian conditions
|
no
|
no
|
yes
|
yes
|
| Establish
supporting technical standards and guidance material
|
no
|
no
|
yes
|
yes
|
6.2 If the proposed CASR Part 139 is implemented, the benefits flowing from the proposal are expected to:
• Enhance safety, initially at international aerodromes but later all certified aerodromes, with the introduction of a safety management system and for wet weather operations with the upgrade of the RESA and runway friction measurement standards.
• Allow currently unlicensed aerodromes to achieve a consistent level of standard if they choose to be registered.
• Enhance aerodrome professionals, as they will be formal approved by CASA to provide aerodrome inspection services.
• Enhance the safety of air travellers to regional aerodromes particularly those engaged in mining operations.
7. Implementation and review
7.1 CASR Part 139 will be submitted to the Minister for Transport and Regional Services for approval and is expected that the Governor-General, in council, will make the Regulation in March 2003 with a planned commencement date of 2 May 2003.
7.2 An implementation/transition plan for CASR Part 139 will begin on rule making. The implementation/transition phase provides for Australia wide education and training programs, the development and approval of necessary (operational) manuals, the adjustment of delegations/authorisations, changes to regulatory services fees/charges, development and approval of procedures and the application of the new rules.
7.3 The monitoring and review of the new regulations will be conducted on an ongoing basis during the implementation/transition phase. Thereafter, following the commencement of the regulations, monitoring and review will be conducted on an as required basis and (within 5 years) as required by the Government.