Civil Aviation Amendment Regulations 2000 (No. 2) (Cth)
Civil Aviation Amendment Regulations 2000 (No. 2)
Statutory Rules 2000 No. 8
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the
Civil Aviation Act 1988 . Dated 16 February 2000.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
JOHN ANDERSON
Minister for Transport and Regional Services
made under the
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These Regulations are the
Civil Aviation Amendment Regulations 2000 (No. 2) .
These Regulations commence on gazettal.
Schedule 1 amends the
Civil Aviation Regulations 1988 .
(regulation 3)
[1] Subregulation 2 (1), after definition of flight information service
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flight level 290 , in relation to a flight of an aircraft, means the height at which the aircraft’s altimeter, if it were adjusted to a reading on the subscale of 1013.2 hectopascals, would show a height of 29 000 feet.
[2] Subregulation 2 (1), after definition of hot air airship
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ICAO Doc. 9574-AN/934 means Doc. 9574-AN/934 (Manual on Implementation of a 300 m (1 000 ft) Vertical Separation Minimum Between FL 290 and FL 410 Inclusive) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.
[3] Subregulation 2 (1), after definition of recognised flight time
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Regional Air Navigation Agreement means a Regional Air Navigation Agreement approved by decision of the Council of the International Civil Aviation Organisation.
[4] Subregulation 2 (1), after definition of route segment
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RVSM airspace means any of the following:
(a) the airspace, at or above flight level 290, identified in AIP to be airspace where a vertical separation minimum of 1 000 feet applies;
(b) the airspace, at or above flight level 290, designated, or otherwise recognised, by the competent authority of a foreign country to be airspace where a vertical separation minimum of 1 000 feet applies;
(c) airspace, at or above flight level 290, where a vertical separation of 1 000 feet applies under the terms of a Regional Air Navigation Agreement.
RVSM airworthiness approval has the meaning given by regulation 181C.
RVSM airworthiness approved aircraft means:
(a) an Australian aircraft for which an RVSM airworthiness approval is in force; or
(b) a foreign aircraft for which an RVSM foreign airworthiness approval is in force.
RVSM foreign airworthiness approval has the meaning given by regulation 181D.
RVSM operational approval has the meaning given by regulation 181E.
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Division 5 Operations in RVSM airspace
Subdivision 1 Preliminary
181A What this Division does This Division sets out the requirements for getting an RVSM airworthiness approval or an RVSM operational approval and provides for the administrative control of such approvals.
181B Definitions for this Division In this Division:
Australian operator means an operator whose principal place of business, or whose place of permanent residence, is in Australian territory.
181C What is an RVSM airworthiness approval? An RVSM airworthiness approval is an approval given, under regulation 181G, for an Australian aircraft indicating that it is suitable to be operated in RVSM airspace.
181D What is an RVSM foreign airworthiness approval? An RVSM foreign airworthiness approval is an approval (however described) given for a foreign aircraft by the competent authority of the country in which the aircraft is registered indicating that the aircraft is suitable to be operated in RVSM airspace.
181E What is an RVSM operational approval? An RVSM operational approval is an approval given, under regulation 181M, to an Australian operator approving the operator to operate the aircraft covered by the approval in RVSM airspace.
Subdivision 2 RVSM airworthiness approvals
181F Application for RVSM airworthiness approval
(1) The operator of an Australian aircraft may apply to CASA for an RVSM airworthiness approval for the aircraft.
(2) An application must be in writing and must be accompanied by:
(a) documents that identify the aircraft; and
(b) enough information to show that the aircraft is equipped with the following:
(i) 2 independent altitude measurement systems;
(ii) a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems;
(iii) an altitude alert system;
(iv) an automatic altitude control system; and
(c) enough information to show that the equipment mentioned in paragraph (b) meets the requirements of ICAO Doc. 9574-AN/934; and
(d) enough information to show that the aircraft is of a type that meets the requirements of ICAO Doc. 9574-AN/934.
(3) If CASA reasonably needs more information to enable it to consider an application, CASA may give the applicant a written notice asking for the information that:
(a) is described in the notice; and
(b) is in the possession, or control, of the applicant.
(4) CASA may refuse or cease to consider the application until the applicant complies with the notice.
181G RVSM airworthiness approval
(1) CASA must approve an application for an RVSM airworthiness approval for an Australian aircraft if:
(a) the aircraft is equipped with the equipment mentioned in paragraph 181F (2) (b); and
(b) the equipment meets the requirements of ICAO Doc. 9574-AN/934; and
(c) the aircraft is of a type that meets the requirements of ICAO Doc. 9574-AN/934.
(2) CASA must tell the applicant in writing of its decision about the applicant’s application.
Note Regulation 297A provides for review of certain decisions by the Administrative Appeals Tribunal.
181H How long RVSM airworthiness approvals remain in force
(1) An RVSM airworthiness approval remains in force until it is cancelled.
(2) However, an RVSM airworthiness approval is not in force during any period of suspension.
181I Notice to RVSM airworthiness approval holder to show cause
(1) CASA may give the holder of an RVSM airworthiness approval a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that would justify the cancellation of the approval under regulation 181J.
(2) A show cause notice must:
(a) tell the holder of the facts and circumstances that, in CASA’s opinion, would justify the cancellation of the approval under regulation 181J; and
(b) invite the holder to show in writing, within a reasonable time stated in the notice, why the approval should not be cancelled.
(3) A show cause notice may state that the approval is suspended if CASA reasonably considers that there may be a serious risk to aviation safety if the approval were not suspended.
(4) If a show cause notice states that the approval is suspended, the approval is suspended from when the notice is given to the holder.
(5) CASA may at any time revoke the suspension.
(6) If the approval is suspended and CASA has not dealt with it under regulation 181J within the period of 90 days after the day it is suspended, the suspension lapses at the end of that period.
Note Regulation 297A provides for review of certain decisions by the Administrative Appeals Tribunal.
181J Cancellation of RVSM airworthiness approval
(1) CASA may cancel an RVSM airworthiness approval by written notice given to its holder if:
(a) CASA has given the holder a show cause notice under regulation 181I in relation to it; and
(b) CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the holder; and
(c) there are reasonable grounds for believing that the aircraft covered by the approval:
(i) does not meet, or continue to meet, a requirement of this Division for the approval; or
(ii) is no longer capable of being operated safely in RVSM airspace because of inaccurate or unreliable height-keeping caused by the failure, or malfunctioning, of any of the aircraft’s equipment mentioned in paragraph 181F (2) (b).
(2) If CASA has given a show cause notice under regulation 181I to the holder of an RVSM airworthiness approval and it decides not to cancel the approval, it:
(a) must tell the holder in writing of the decision; and
(b) must, if the approval is suspended under that regulation, revoke the suspension.
Note Regulation 297A provides for review of certain decisions by the Administrative Appeals Tribunal.
181K Cancellation at request of holder
(1) Despite anything else in this Subdivision, CASA must cancel an RVSM airworthiness approval if asked, in writing, by its holder to do so.
(2) The cancellation takes effect when the request is given to CASA, or if a later day is stated in the request, on the later day.
Subdivision 3 RVSM operational approvals
181L Application for RVSM operational approval
(1) An Australian operator may apply to CASA for an RVSM operational approval.
(2) An application must be in writing and must be accompanied by:
(a) a list of the RVSM airworthiness approved aircraft that are proposed to be covered by the approval; and
(b) a written description of the program proposed by the applicant to ensure the continued airworthiness for operations in RVSM airspace of the aircraft while they are used in those operations; and
(c) a written description of the training program proposed by the applicant for the members of the applicant’s flight crew who will carry out operations in RVSM airspace.
(3) If CASA reasonably needs more information to enable it to consider an application, CASA may give the applicant a written notice asking for the information that:
(a) is described in the notice; and
(b) is in the possession, or control, of the applicant.
(4) CASA may refuse or cease to consider the application until the applicant complies with the notice.
181M RVSM operational approval
(1) CASA must approve an application for an RVSM operational approval if:
(a) each aircraft to be covered by the approval is an RVSM airworthiness approved aircraft; and
(b) the applicant has a program for the continued airworthiness for operations in RVSM airspace of the aircraft to ensure that they will continue to meet the requirements of ICAO Doc. 9574‑AN/934 while they are used in those operations; and
(c) the applicant has a training program for the members of the flight crew of the aircraft to ensure that the members are adequately trained to carry out operations in RVSM airspace.
(2) CASA must tell the applicant in writing of its decision about the applicant’s application.
Note Regulation 297A provides for review of certain decisions by the Administrative Appeals Tribunal.
181N How long RVSM operational approvals remain in force
(1) An RVSM operational approval remains in force until it is cancelled.
(2) However, an RVSM operational approval is not in force during any period of suspension.
181O Notice to RVSM operational approval holder to show cause
(1) CASA may give the holder of an RVSM operational approval a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that would justify the cancellation of the approval under regulation 181P.
(2) A show cause notice must:
(a) tell the holder of the facts and circumstances that, in CASA’s opinion, would justify the cancellation of the approval under regulation 181P; and
(b) invite the holder to show in writing, within a reasonable time stated in the notice, why the approval should not be cancelled.
(3) A show cause notice may state that the approval is suspended if CASA reasonably considers that there may be a serious risk to aviation safety if the approval were not suspended.
(4) If a show cause notice states that the approval is suspended, the approval is suspended from when the notice is given to the holder.
(5) CASA may at any time revoke the suspension.
(6) If the approval is suspended and CASA has not dealt with it under regulation 181P within the period of 90 days after the day it is suspended, the suspension lapses at the end of that period.
Note Regulation 297A provides for review of certain decisions by the Administrative Appeals Tribunal.
181P Cancellation of RVSM operational approval
(1) CASA may cancel an RVSM operational approval by written notice given to its holder if:
(a) CASA has given the holder a show cause notice under regulation 181O in relation to it; and
(b) CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the holder; and
(c) there are reasonable grounds for believing that the holder:
(i) has contravened regulation 181S, 181T, 181U or 181V; or
(ii) does not meet, or continue to meet, a requirement of this Division for getting the approval; or
(iii) is no longer able to operate an aircraft covered by the approval safely in RVSM airspace because of inaccurate or unreliable height-keeping caused by the failure, or malfunctioning, of any of the aircraft’s equipment mentioned in paragraph 181F (2) (b); or
(iv) is no longer able to carry out operations in RVSM airspace safely because of inaccurate or unreliable height-keeping by members of the holder’s flight crew during those operations.
(2) If CASA has given a show cause notice under regulation 181O to the holder of an RVSM operational approval and it decides not to cancel the approval, it:
(a) must tell the holder in writing of the decision; and
(b) must, if the approval is suspended under that regulation, revoke the suspension.
Note Regulation 297A provides for review of certain decisions by the Administrative Appeals Tribunal.
181Q Removal of aircraft from RVSM operational approval
(1) In this regulation:
airworthiness approval means:
(a) an RVSM airworthiness approval; or
(b) an RVSM foreign airworthiness approval.
(2) If an RVSM operational approval covers an aircraft whose airworthiness approval is cancelled by the issuing authority, CASA:
(a) must cancel the RVSM operational approval; and
(b) must (unless the airworthiness approvals of all the aircraft covered by the RVSM operational approval are cancelled) give a new RVSM operational approval covering the remaining aircraft.
(3) A new RVSM operational approval given under paragraph (2) (b) takes effect on the cancellation of the replaced RVSM operational approval.
(4) If CASA cancels an RVSM operational approval under paragraph (2) (a), it:
(a) must give written notice of the cancellation, setting out the date of the cancellation, to the holder of the approval; and
(b) must, if it replaces the approval under paragraph (2) (b), include in the notice a statement to that effect.
181R Cancellation at request of holder
(1) Despite anything else in this Subdivision, CASA must cancel an RVSM operational approval if asked, in writing, by its holder to do so.
(2) The cancellation takes effect when the request is given to CASA, or if a later day is stated in the request, on the later day.
181S Requirements of Australian operator using Australian aircraft The holder of an RVSM operational approval must not permit an Australian aircraft used by the holder to begin a flight during which the aircraft may fly in RVSM airspace unless:
(a) the approval covers the aircraft; and
(b) an RVSM airworthiness approval is in force for the aircraft; and
(c) the aircraft is equipped with the equipment mentioned in paragraph 181F (2) (b); and
(d) the equipment is functioning properly; and
(e) each member of the flight crew of the aircraft has satisfactorily completed the training program mentioned in paragraph 181M (1) (c).
181T Requirements of Australian operator using foreign aircraft The holder of an RVSM operational approval must not permit a foreign aircraft used by the holder to fly into Australian territory on a flight, or begin a flight in Australian territory, during which the aircraft may fly in RVSM airspace over Australian territory unless:
(a) the approval covers the aircraft; and
(b) an RVSM foreign airworthiness approval is in force for the aircraft; and
(c) the aircraft is equipped with the equipment mentioned in paragraph 181F (2) (b); and
(d) the equipment is functioning properly; and
(e) each member of the flight crew of the aircraft has satisfactorily completed the training program mentioned in paragraph 181M (1) (c).
181U Monitoring height-keeping The holder of an RVSM operational approval must comply with the requirements for monitoring height‑keeping in RVSM operations mentioned in the Pacific RVSM Minimum Monitoring Requirements issued by the Asia Pacific Approvals Registry and Monitoring Organisation and approved by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.
181V Telling CASA about cancellation of RVSM foreign airworthiness approval If the RVSM foreign airworthiness approval of a foreign aircraft used by an Australian operator is cancelled by the issuing authority, the operator must tell CASA in writing as soon as practicable.
Subdivision 4 Miscellaneous
181W Certificate of approval
(1) If CASA approves an application under regulation 181G or 181M, it must issue to the applicant a certificate in an approved form setting out:
(a) what the approval is; and
(b) any other information CASA thinks should be included.
(2) CASA may issue a replacement certificate if anything set out on a certificate is no longer correct.
181X New registration marks If an RVSM airworthiness approval or RVSM operational approval identifies an Australian aircraft by reference to a registration mark (the
old registration mark ) that has been replaced with a new registration mark assigned to the aircraft under regulation 16A, the reference in the approval to the old registration mark is taken to be a reference to the new registration mark.
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(sc) a decision under regulation 181G not to approve an application for an RVSM airworthiness approval; or
(sd) a decision under regulation 181I to suspend an RVSM airworthiness approval; or
(se) a decision under regulation 181J to cancel an RVSM airworthiness approval; or
(sf) a decision under regulation 181M not to approve an application for an RVSM operational approval; or
(sg) a decision under regulation 181O to suspend an RVSM operational approval; or
(sh) a decision under regulation 181P to cancel an RVSM operational approval; or
1. These Regulations amend Statutory Rules 1988 No. 158, as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; Act No. 25, 1990; Statutory Rules 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 (new regulation 239 contained in regulation 16 was disallowed by the Senate on 23 March 1994) and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111, 139 and 220; 1998 Nos. 31, 32, 219, 234 (disallowed by the Senate on 8 March 1999), 235, 236 and 288; 1999 Nos. 166 (as amended by 1999 No. 262), 167, 210, 229, 262, 353 and 354.
2. Made by the Governor-General on 16 February 2000, and notified in the
Commonwealth of Australia Gazette on 23 February 2000.
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