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 pilots in command of 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.
Pilots in command of 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 Air Operator’s Certificate. CASA must receive and accept in writing a range of corroborative documentation from the foreign operator and the issuing authority.
Pilots in command who have not successfully completed the required training must report this fact to Air Traffic Control (ATC) so that alternative landing arrangements can be made. Previously, such reports were required prior to top of descent or when first making contact with ATC in controlled airspace within 100 nautical miles of KSA. 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 has been extended to controlled airspace and aerodromes 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 218/04) which expires at the end of March 2009.
The instrument commences on 1 April 2009. It stops having effect at the end of 31 March 2011.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 142/09]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were amended by the Direction - Parallel Runway Operations at Sydney (Kingsford Smith) Airport (Instrument Number CASA 142/09), enacted in 2009, to address the need for increased runway capacity during poor weather conditions at Sydney (Kingsford Smith) Airport (KSA). This direction, issued under the authority of section 98 of the Civil Aviation Act 1988, mandates that pilots in command of Australian registered aircraft must complete ILS PRM approach procedures training in a CASA approved flight simulator or synthetic trainer, or on a training course approved by CASA. Foreign registered aircraft pilots must complete similar training in the simulator or trainer that supports the foreign operator’s operations, or on a course conducted by a facility approved by the issuing authority of the Air Operator’s Certificate. The direction also extends the requirement for pilots who have not completed the necessary training to report this to Air Traffic Control (ATC) within 120 nautical miles of KSA, allowing ATC sufficient time to make alternative landing arrangements. This legislative instrument, subject to disallowance in the Parliament, replaces a previous direction (CASA 218/04) and is in effect from 1 April 2009 until 31 March 2011.
Scope and Application
The Civil Aviation Regulations 1988 Direction, specifically targeting parallel runway operations at Sydney (Kingsford Smith) Airport, applies to pilots in command of both Australian and foreign registered aircraft intending to utilise the Precision Runway Monitor (PRM) for instrument approaches. The direction mandates that such pilots must complete additional training for ILS PRM approach procedures, either in a CASA-approved flight simulator or synthetic trainer, or through a recognised training course. For Australian pilots, the training must align with CASA’s set requirements and examinations, while foreign pilots must complete training in simulators or trainers that align with their respective Air Operator’s Certificate, with CASA receiving corroborative documentation from the issuing authority. The geographical scope of this direction extends to controlled airspace and aerodromes within 120 nautical miles of Sydney (Kingsford Smith) Airport, ensuring that Air Traffic Control has adequate time to manage the impact of non-participation in these operations. The direction, being a disallowable instrument, is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. It was issued by a delegate of CASA and supersedes the previous direction CASA 218/04, effective from 1 April 2009 to 31 March 2011.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) have been amended to include a direction for parallel runway operations at Sydney (Kingsford Smith) Airport (KSA) using the Precision Runway Monitor (PRM) (subregulation 99AA(5)). Section 98 of the Civil Aviation Act 1988 allows for these regulations to be made, and this direction aims to increase runway capacity during poor weather conditions by enabling aircraft to fly side by side down instrument approaches to the parallel runways. This is achieved through the PRM, which creates a 2,000-foot no-transgression zone between aircraft.
Pilots in command of 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 (subregulation 99AA(5)). The requirements for these courses and examinations are detailed in the direction. Foreign registered aircraft pilots must also complete similar training 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 issuing authority. CASA must receive corroborative documentation from the foreign operator and the issuing authority.
Pilots who have not completed the required training must report this to Air Traffic Control (ATC) to allow for alternative landing arrangements. The reporting requirement has been extended to controlled airspace and aerodromes within 120 nautical miles of KSA, ensuring ATC has adequate time to assess the impact of non-participation in the parallel runway operations. This replaces the previous requirement to report before top of descent or when first making contact with ATC within 100 nautical miles of KSA.
The direction is a disallowable instrument under the Legislative Instruments Act 2003 (LIA), meaning it is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. The instrument was made by a delegate of CASA under subregulation 7(1) of CAR 1988 and replaces a previous direction (CASA 218/04), which expires at the end of March 2009. The instrument commences on 1 April 2009 and stops having effect at the end of 31 March 2011. While consultation under section 17 of the LIA has not been undertaken, this instrument is designed to enhance safety and efficiency in parallel runway operations at Sydney (Kingsford Smith) Airport.