Commonwealth Numbered Regulations - Explanatory Statements
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CIVIL AVIATION SAFETY AMENDMENT REGULATIONS 2011 (NO. 2) (SLI NO 265 OF 2011)
EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 265
Issued under the authority of the Minister for Infrastructure and Transport
Civil Aviation Act 1988
Civil Aviation Safety Amendment Regulations 2011 (No. 2)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. That subsection also provides that the Governor-General may make regulations in relation to the safety of air navigation, being regulations with respect to any other matters to which the Parliament has power to make laws.
The new Regulations are necessary to increase situational awareness of tower air traffic controllers in separating surface vehicles from aircraft, especially at aerodromes that experience high traffic density passenger transport aircraft operations.
Subsection 9(1) of the Act specifies, in part, that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.
Subsection 98(3) of the Act further provides that Subsection 98(1) includes the power to make regulations for, or in relation to, the operation and use of aerodromes. Regulations pertaining to aerodromes exist in Part 139 of the Civil Aviation Safety Regulations 1998 (CASR).
CASR Part 139 prescribes the minimum requirements for aerodromes used in air transport operations. It includes provisions for suitable runway surfaces and markings, aerodrome lighting and routine monitoring of obstacle limitation surfaces for hazardous obstructions in the vicinity of the aerodrome at certified or registered aerodromes.
The possibility of aircraft and vehicle runway incursions is a significant safety concern, particularly during low visibility conditions at aerodromes. The regulations amend CASR Part 139 - Aerodromes - to introduce new requirements for aerodrome operators, surface vehicles and their drivers at those designated aerodromes where Advanced Surface Movement Guidance and Control Systems (A-SMGCS) are required.
The Regulations enable integration of electronic surveillance equipment with visual air traffic control (ATC) procedures to detect and identify surface vehicles. More specifically, the Regulations will:
* empower the CASA to designate an aerodrome as subject to A-SMGCS procedures;
* prescribe obligations of and procedures for aerodrome certificate holders and vehicle drivers; and
* set technical standards for electronic surveillance and the requirement for radio communications equipment to be fitted to vehicles entering the manoeuvring area.
The use of published Terminal Instrument Flight Procedures (TIFPs) at uncertified and unregistered aerodromes also presents an increased safety risk as such aerodromes may not comply with the standards for certified or registered aerodromes. Furthermore, CASA does not monitor these aerodromes and therefore has no assurance of the condition of the aerodrome and its environment or suitability for the safe conduct of instrument approach procedures.
Consequently, the Regulations also amend CASR Part 139 and CASR Part 173 to address the publication and use of TIFPs by:
* limiting the use of published TIFPs to certified and registered aerodromes;
* updating definitions to be consistent with the International Civil Aviation Organization (ICAO); and
* correcting minor editorial drafting inconsistencies to present provisions in clearer terms.
There are five (5) uncertified or unregistered aerodromes with a published TIFP
that are required to become certified or registered in accordance with these
regulations by 1 April 2012.
The Regulations also make consequential amendments to: CASR Parts 101, Table 101.155-2, CASR Part 172, CASR Part 173 and CASR dictionary. A new paragraph will be inserted under CASR Part 201 to enable a person to appeal to the Administrative Appeals Tribunal to review a decision by CASA to designate an aerodrome and requiring A-SMGS procedures.
CASA conducted formal public consultation on the amendments to CASR Part 139 through the release of Notice of Proposed Rule Making (NPRM) 0910AS -Vehicles on the Manoeuvring Area of Aerodromes with Advanced Surface Movement Guidance and Control Systems (A-SMGCS) on 14 January 2010. The period for public comment on the proposals closed on 11 March 2010.
CASA received six (6) responses to the NPRM, which included the operators of Brisbane, Melbourne, Perth and Sydney airports who will be subject to A-SMGCS requirements, Airservices Australia in its role as the A-SMGCS provider, and a manufacturer of aerodrome vehicle locator equipment.
Comments largely related to specific aspects of the proposals rather than the overall concept or requirement and were evaluated and incorporated, as appropriate, into the proposed amendments. Some comments raised concerns in relation to technical details of vehicle equipment and the timeframe for compliance. However, Airservices Australia, through its Surface Movement Guidance and Control Systems program, has already installed modern aerodrome surface electronic surveillance equipment at Melbourne and Sydney. Installation of surveillance facilities at Brisbane and Perth airports is proceeding and they are likely to be commissioned in 2012. Associated Tower ATC procedures would be established in accordance with the proposed regulations.
CASA conducted industry consultation on amendments to the regulations, in relation to the use of TIFP at uncertified or unregistered aerodromes, through the release of a consultative draft in February 2011. Additionally, CASA wrote to 34 aerodrome operators who might be affected by the amendments to CASR Parts 139 and 173. CASA received four responses to the consultation draft, three of which indicated it was not acceptable to limit the use of TIFPs to registered and certified aerodromes only. In August 2011, CASA notified the same 34 aerodrome operators that revised draft regulations were published on its website, stressing the safety benefits of the procedures applying to registered and certified aerodromes.
The Office of Best Practice Regulation (OBPR) assessed the impacts of the proposals to amend CASR Parts 139 and 173 to be nil or low and that the preparation of a Regulation Impact Statement (RIS) was not required (OBPR ID: 10866 & OBPR ID: 13040).
The amendments to CASR Parts 101, 171, 172, 173, 201 and the CASR Dictionary are minor and machinery in nature. They are consequential to the abovementioned CASR Parts and have no additional impact.
Details of the Regulations are set out in the Attachment.
The Regulations in Schedule 1 commence on the day following registration on the Federal Register of Legislative Instruments. The Regulations in Schedule 2 that apply to the uncertified or unregistered aerodromes commence on 1 April, 2012.
Authority: Subsection 98(1) of the
Civil Aviation Act 1988
ATTACHMENT
Details of the Civil Aviation Safety Amendment Regulations 2011 (No. 2)
Regulation 1 - Name of Regulations
Regulation 1 names the Regulations as the Civil Aviation Safety Amendment Regulations 2011 (No. 2).
Regulation 2 - Commencement
Regulation 2 provides that regulations 1 to 3 and Schedule 1 of the Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments and that Schedule 2 of the Regulations commence on 1 April 2012.
Regulation 3 - Amendment of Civil Aviation Safety Regulations 1998
Regulation 3 provides that Schedules 1 and 2 amend the Civil Aviation Safety Regulations 1998.
Schedule 1 -- Amendments commencing on day after registration
Item [1] - Table 101.155-2, note
Item [1] replaces office with Office to correct a typographical error.
Item [2] - Subregulation 101.155 (5), note 2
Item [2] replaces office with Office to correct a typographical error.
Item [3] - After Division 139.B.3
Item [3] inserts new Division 139.B.4 Aerodromes to which A-SMGCS applies.
This item inserts regulation 139.251 to define the acronym A-SMGCS as used in the regulation to mean Advanced Surface Movement Guidance and Control System as defined ICAO Document 9830 (A-SMGCS) Manual.
This item inserts Regulation 139.252 Designation of aerodromes to which A-SMGCS applies.
Subregulation 139.252 (1) provides that CASA may designate an aerodrome certified under Part 139 as an aerodrome to which A-SMGCS procedures applies.
Subregulation 139.252 (2) sets out the requirements in relation to designating an aerodrome as an aerodrome to which A-SMGCS applies, specifically the air traffic service (ATS) provider will be required to submit a safety assessment to CASA that shows the aerodrome requires the use of A-SMGCS to ensure the safe control of aircraft and vehicles operating on the manoeuvring area.
Subregulation 139.252 (3) provides that a designation of an aerodrome under subregulation (1) by CASA must be in writing and set out the date, which may not be less than 6 months after the designation is made, on which the designation takes effect.
Subregulation 139.252 (4) provides that CASA must give a copy of the designation to the operator of the aerodrome that is the subject of the designation and also to the ATS provider who made the request under subregulation (2).
Subregulation 139.252 (5) provides that, if CASA receives a request and safety assessment under subregulation (2) above, and then decides not to designate the aerodrome; CASA must tell the ATS provider who made the request, in writing, of the decision and the reasons for it.
Item [3] also inserts new regulation 139.254 Vehicles at aerodromes to which A-SMGCS applies.
Subregulation 139.254 (2) provides that the operator of an aerodrome that is designated under regulation 139.252 must, before the date on which the designation takes effect, establish procedures as mentioned in subregulation 139.254(2) and (3) and publish the procedures in its aerodrome manual.
Subregulation 139.254 (3) provides that the procedures established by the operator of an aerodrome, must require any vehicle that enters, or moves on, the manoeuvring area of the aerodrome to be fitted with serviceable electronic surveillance and radio communications equipment to the technical standards published in the Manual of Standards for CASR Part 139, or otherwise be accompanied by a another vehicle that meets the equipment requirements.
Subregulation 139.254 (4) provides that the procedures established by the operator of an aerodrome, must also require that drivers of vehicles fitted with the equipment mentioned in subregulation (3), to monitor the ATC radio frequency and communicate with ATC at all times that the vehicle is on the manoeuvring area.
Subregulation 139.254 (5) provides that it is an offence by the operator of an aerodrome if the operator has not complied with its procedures and does ensure that persons who operate vehicles on the manoeuvring area, and the drivers of vehicles on the manoeuvring area comply with the procedures, on and after the date on which the designation of the aerodrome takes effect.
Subregulation 139.254 (6) provides that an offence against subregulations 139.254 (1) or (5) is an offence of strict liability. Each offence carries a maximum penalty of 25 penalty units.
Item [4] - Subregulation 171.010 (1), definition of AIS
Item [4] omits the definition which is now defined in the CASR Dictionary.
Item [5] - Regulation 172.180
Item [5] changes each occurrence in regulation 172.180 of 'Aeronautical Information Service' to its acronym 'AIS'.
Item [6] - Regulation 173.010, definitions of AIS, off-shore installation, specialised helicopter operations and terminal instrument flight procedure
Item [6] omits a number of definitions which are now defined in the CASR Dictionary.
Item [7] - Regulation 173.010, note
Item [7] updates the note on which definitions have moved to the CASR Dictionary.
Item [8] - Regulation 173.035
Item [8] inserts new regulation 173.035 Design, review or amendment of terminal instrument flight procedures - requirement for procedure design certificate etc.
Subregulation 173.035 (1) provides that it is an offence for a person to carry out design work on a TIFP for use by Australian aircraft operating under Instrument Flight Rules (IFR), by foreign aircraft operating under IFR in Australian territory unless permitted to do so.
Subregulation 173.035 (2) allows CASA, a certified designer whose procedure design certificate authorise that designer to carry on design work and an employee of a certified designer to carry out work on TIFPs.
Subregulation 173.035 (3) provides that it is an offence for a person to review or amend TIFPs for use by an Australian aircraft operating under IFR at, or in the vicinity of, an aerodrome in a foreign country unless permitted to do so.
Subregulation 173.035 (4) allows CASA, a certified designer, an employee of a certified designer, an authorised designer or an employee of an authorised designer to review or amend a TIFP.
Subregulation 173.035 (5) provides that it is an offence for a person to carry out design work on a TIFP for use by Australian aircraft operating under IFR at, or near the vicinity of, an off-shore installation.
Subregulation 173.035 (6) allows CASA, a certified designer, an employee of a certified designer, an authorised designer or an employee of an authorised designer to carry out work on a TIFP under 173.035(5).
Subregulation 173.035 (7) provides that an offence against subregulations 173.035 (1), (3) or (5) is an offence of strict liability. Each offence carries a maximum penalty of 50 penalty units.
Item [9] - Regulation 173.195
Item [9] provides an amendment to correct wording to terminal instrument flight procedure.
Item [10] - Subregulation 173.290 (1)
Item [10] provides a minor grammatical correction by adding the word 'of' after 'disposing'.
Item [11] - Paragraph 173.400 (1) (b)
Item [11] provides a minor grammatical correction by adding the word 'the' after under.
Item [12] - Paragraph 173.400 (1) (f)
Item [12] provides correct wording for the subregulation powers of an authorised inspector.
Item [13] - After paragraph 201.004 (p)
Item [13] provides that a decision made by CASA under regulation 139.252 to designate an aerodrome as an aerodrome to which A-SMGCS applies is subject to review by an application made by a person to the Administrative Appeals Tribunal.
Item [14] - Dictionary, Part 1, definition of AIP-ERSA
Item [14] provides a correction of the author, of the AIP-ERSA from 'AIS' to 'AA'.
Item [15] - Dictionary, Part 1, definition of AIS
Item [15] updates the definition to be consistent with that of ICAO.
Item [16] - Dictionary, Part 1, definitions of instrument approach procedure and instrument departure procedure
Item [16] updates both definitions to be consistent with that of ICAO.
Item [17] - Dictionary, Part 1, definition of NOTAM office
Item [17] omits the definition, as it is repeated.
Item [18] - Dictionary, Part 1, definition of NOTAM Office
Item [18] provides a correction in the definition by changing 'AIS' to 'AA'.
Item [19] - Dictionary, Part 1, after definition of obstacle limitation surface
Item [19] inserts the definition off-shore installation as it is currently undefined.
Item [20] - Dictionary, Part 1, after definition of special flight permit
Item [20] inserts the definition specialised helicopter operation as it is currently undefined.
Item [21 - Dictionary, Part 1, after definition of synthetic training device
Item [21] inserts the definition terminal instrument flight procedure into the Dictionary as the definition has been removed from CASR Part 173.
Schedule 2 -- Amendments commencing on 1 April 2012
Item [1] - Regulation 139.030
Item [1] substitutes existing Regulation 139.030 with an amended Regulation 139.030 that empowers CASA to enforce restrictions on the use of TIFPs at aerodromes.
Subregulation 139.030 (1) provides that it an offence by the operator of an aerodrome to have a TIFP without the aerodrome being a registered or certified aerodrome or a specialised helicopter operation.
Subregulation 139.030 (2) provides that it is an offence by the aerodrome operator if the aerodrome operator does not immediately notify the AIS and the certified designer of the TIFP, upon becoming uncertified or unregistered if there is a TIFP available for the aerodrome. This subregulation excludes aerodromes that have a specialised helicopter operation.
Subregulation 139.030 (3) provides that an offence against subregulation 139.030 (1) and (2) is an offence of strict liability. Each offence carries a maximum penalty of 10 penalty units.
Subregulation 139.030 (4) provides a reference for the definition of a certified designer to 173.015.
Item [2] - Regulation 139.040, note
Item [2] provides a reminder note that TIFP restrictions can be found in regulation 139.030.
Item [3] - Subregulation 139.260 (1), note
Item [3] provides a reminder note that TIFP restrictions can be found in regulation 139.030.
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