CASA EX40/08 - Exemption - Part 139 of CASR 1998 - provision of traffic information by Unicom services (Cth)

Instrument number CASA EX40/08

I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

[Signed Bruce Byron]

Bruce Byron
Director of Aviation Safety and
   Chief Executive Officer

17 September 2008

Exemption — Part 139 of CASR 1998 – provision of traffic information by UNICOM services

1          Duration

This instrument:

(a)   commences on the day after it is registered; and

(b)   stops having effect at the end of 30 April 2009.

2          Revocation

Instrument CASA EX59/07 is revoked.

3          Application

This instrument applies to the provision of a UNICOM service by Airservices Australia (AA), Aviation Reference Number 202210, at the aerodromes in Schedule 1.

4          Exemption

AA is exempt from compliance with subregulation 139.385 (2) and regulation 139.395 of CASR 1998 in respect of paragraph 14.4.1.3 of the Manual of Standards (MOS) Part 139 to the extent mentioned in Schedule 2.

Note   Paragraph 14.4.1.3 of MOS Part 139 limits the information that can be exchanged by using UNICOM services.

5          Conditions

The exemption is subject to the conditions mentioned in Schedule 3.

Schedule 1          Aerodromes

     Dubbo, Hervey Bay, Olympic Dam, Port Macquarie, Wagga Wagga.

Schedule 2          Extent of exemption

The exemption extends only to the provision of UNICOM services used to provide basic traffic information.

Schedule 3          Conditions

1     In this Schedule:

relay transmission means retransmission of the substance of the received report.

2     AA must enter into an arrangement with an aerodrome operator for the provision of a UNICOM service.

3     In addition to the purposes mentioned in paragraph 14.4.1.3 of MOS Part 139, a UNICOM service may be used for the relay transmission of:

(a)   aircraft position information as advised by the pilot of that aircraft; and

(b)   intentions of an aircraft as advised by the pilot of that aircraft; and

(c)   estimates as to positions of aircraft as advised by the pilot of an aircraft.

4     When providing information in accordance with clause 3, the UNICOM operator must not interfere with the primary function of the frequency used by the service, which is to enable pilots to exchange traffic information for separation purposes. In particular, the operator must have regard to the primary function:

(a)   when more than 1 aircraft is on the frequency at the same time; and

(b)   when aircraft are already aware of the positions of other aircraft; and

(c)   when additional transmissions may contribute to radio frequency congestion.