Explanatory Statement
Civil Aviation Regulations 1988
Direction — parallel runway operations at Sydney (Kingsford Smith) Airport
Legislation
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under subregulation 99AA (5) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, give directions about the use of a controlled aerodrome.
Parallel runway operations at Sydney (Kingsford Smith) Airport (KSA) (which is a controlled aerodrome), using the Precision Runway Monitor (PRM), allow for a significant increase in runway capacity in poor weather conditions. The PRM is very accurate and allows aircraft to fly side by side down the instrument approaches to the parallel runways separated by a no‑transgression zone of 2 000 feet. Special procedures apply when these operations are in progress and pilots are required to satisfactorily complete additional training for safety purposes.
The direction requires that a pilot in command of an aircraft operating under an Australian Air Operator’s Certificate (AOC), or other Australian registered aircraft, must complete ILS PRM approach procedures training either in a CASA approved flight simulator or synthetic trainer, or on a training course approved by CASA. The requirements of the course and examination are set out in the direction.
A pilot in command of an aircraft operating under a foreign aircraft AOC, or other foreign registered aircraft, must complete ILS PRM approach procedures training either in the flight simulator or synthetic trainer that supports the foreign operator’s operations, or on a training course conducted by the training facility approved by the authority (the issuing authority) which issued the foreign operator’s AOC. CASA must receive and accept in writing a range of corroborative documentation from the foreign operator and the issuing authority.
A pilot in command, who has not successfully completed the required training, must report this fact to Air Traffic Control (ATC) so that alternative landing arrangements can be made. To ensure that ATC has adequate time in which to assess the impact of non-participation in the parallel runway operations, the requirement to report to ATC applies prior to entering controlled airspace within 120 nautical miles of KSA.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under subregulation 99AA (6A) of CAR 1988, a direction under subregulation 99AA (5) that is not given by means of a Civil Aviation Order is a disallowable instrument for section 46A of the Acts Interpretation Act 1901. The direction is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument replaces a previous direction (CASA 142/09) which expires at the end of 31 March 2011.
The instrument commences on 1 April 2011. It stops having effect at the end of 31 March 2013.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 113/11]
Overview
The Civil Aviation Regulations 1988, enacted in 1988, govern the operation and safety standards of aircraft in Australia. The regulation was introduced to ensure that the aviation sector adheres to stringent safety standards and operational protocols to protect passengers, crew, and the general public. The Civil Aviation (Safety) Regulations 1998 (F2011L00545) issued by the Civil Aviation Safety Authority (CASA) under the authority of section 98 of the Civil Aviation Act 1988, addresses the need for specific operational procedures to manage parallel runway operations at Sydney (Kingsford Smith) Airport (KSA) during poor weather conditions. This regulation is designed to enhance the safety and efficiency of aircraft landings and takeoffs using the Precision Runway Monitor (PRM) system. The policy objective is to ensure that pilots operating under Australian or foreign AOCs receive adequate training to safely conduct parallel runway operations at KSA.
Scope and Application
The Civil Aviation Regulations 1988 Direction concerning parallel runway operations at Sydney (Kingsford Smith) Airport applies to pilots in command of aircraft operating under an Australian or foreign Air Operator’s Certificate. This includes aircraft registered in Australia or by foreign entities, operating within the jurisdiction of the Commonwealth. The Direction mandates specific training requirements for pilots to ensure safe parallel runway operations, particularly in poor weather conditions, using the Precision Runway Monitor (PRM). Pilots must complete ILS PRM approach procedures training either in a CASA approved flight simulator or synthetic trainer, or on an approved training course. Australian pilots must meet CASA training requirements, while foreign pilots must complete training in a simulator or on a course approved by the authority that issued their foreign operator’s AOC, with CASA needing corroborative documentation. Failure to complete the required training necessitates a report to Air Traffic Control prior to entering controlled airspace within 120 nautical miles of the airport to facilitate alternative landing arrangements. The Direction, made under subregulation 99AA(5) of the Civil Aviation Regulations 1988, is a disallowable instrument and is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. This instrument, effective from 1 April 2011, replaces a previous direction and ceases to have effect at the end of 31 March 2013.
Key Provisions
The Civil Aviation Regulations 1988, as amended, includes a direction under section 99AA(5) that specifies the requirements for parallel runway operations at Sydney (Kingsford Smith) Airport (KSA) using the Precision Runway Monitor (PRM). This direction is aimed at increasing runway capacity during poor weather conditions by allowing aircraft to operate in close proximity during instrument approaches, separated by a 2,000-foot no-transgression zone. Section 99AA(5) of the Civil Aviation Regulations 1988 provides the Civil Aviation Safety Authority (CASA) with the authority to issue such directions for the use of controlled aerodromes like KSA. Pilots in command of aircraft operating under an Australian Air Operator’s Certificate (AOC) or other Australian registered aircraft must complete ILS PRM approach procedures training, either in a CASA-approved flight simulator or synthetic trainer, or on a training course approved by CASA. The specific requirements and examination criteria for this training are detailed in the direction. Similarly, pilots in command of aircraft operating under a foreign AOC or other foreign registered aircraft must also complete ILS PRM approach procedures training, either in a flight simulator or synthetic trainer that supports the foreign operator’s operations, or on a training course conducted by a facility approved by the authority that issued the foreign operator’s AOC. CASA must receive and accept in writing corroborative documentation from the foreign operator and the issuing authority.
The obligations imposed by the direction include ensuring that pilots in command of aircraft comply with the specified training requirements before participating in parallel runway operations at KSA. Pilots who have not completed the required training must report this to Air Traffic Control (ATC) prior to entering controlled airspace within 120 nautical miles of KSA to allow ATC sufficient time to make alternative landing arrangements. The direction also mandates that CASA receive and accept corroborative documentation from foreign operators and their issuing authorities, confirming that the necessary training has been completed. Failure to comply with these obligations may result in the pilot being unable to participate in the parallel runway operations, potentially impacting flight schedules and airport operations.
Breaches of the direction may result in civil or criminal consequences. Pilots who do not complete the required training and fail to report this to ATC may be subject to enforcement actions under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. Such actions may include fines and other penalties as prescribed by the regulations. Additionally, failure to comply with the requirements for foreign operators may result in CASA taking action against the foreign operator or the issuing authority, which could include revocation of operating permits or AOCs. The maximum penalties for breaches of the Civil Aviation Regulations 1988 can vary depending on the specific offence and the regulatory framework applicable at the time of the breach.