Explanatory Statement
Civil Aviation Regulations 1988
Directions and determinations — Class D airspace
Purpose
The purpose of these directions and determinations is to make changes to flight crew licensing consequent on first, changes to aviation procedures in Class D controlled airspace, and secondly, the discontinuance of General Aviation Aerodrome Procedures at certain aerodromes (GAAP aerodromes). The former GAAP aerodromes were Archerfield, Bankstown, Camden, Jandakot, Moorabbin and Parafield.
The discontinuance of the former GAAP aerodrome procedures arises as part of CASA’s initiative to introduce, from 3 June 2010, at all former GAAP aerodromes, International Civil Aviation Organization (ICAO) Class D airspace procedures (as modelled on ICAO and US Federal Aviation Administration (FAA) Class D airspace procedures).
Legislation
Under subregulation 92 (2) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, in relation to an aerodrome, issue directions relating to the safety of air navigation. Under subregulations 92 (3) and (4), it is a strict liability offence for a person to contravene a direction.
Under subregulation 99AA (5) of CAR 1988, CASA may, among other things, give directions about the use of a class of airspace, a controlled aerodrome, a control area or a control zone to either, or both, of the following:
(a) aircraft engaged in I.F.R. flights;
(b) aircraft engaged in V.F.R flights.
Under subregulation 99AA (6), a direction must be given by means of Civil Aviation Orders or published in AIP or NOTAMS. Under subregulation 99AA (6A), a direction that is not given by means of a Civil Aviation Order is, in effect, a legislative instrument.
Under subregulations 99AA (7) and (8), it is a strict liability offence for a pilot in command of an aircraft to engage in a flight, or part of a flight, in contravention of a direction.
Background
In July 2009, CASA introduced changes to procedures at GAAP aerodromes. These changes included a limitation on the number of aeroplanes operating simultaneously in a particular aerodrome traffic circuit; a requirement for all aircraft to obtain an air traffic control (ATC) clearance to enter, cross or taxi along any runway; and changes to ATC hours of operation.
These changes were embodied in CASA 597/09 (which replaced CASA 329/09) and CASA 330/10.
However, in addition to these changes, CASA also gave notice that all GAAP aerodromes would be required to introduce ICAO Class D airspace procedures (as modelled on ICAO and US FAA Class D airspace procedures) from 3 June 2010 (revised from 21 April 2010). The introduction of such Class D procedures requires revocation of CASA 597/09 and CASA 330/10, and the substitution of new directions to pilots.
In February 2010, CASA issued Notice of Proposed Change 172/04 (NPC) to initiate formal public consultation on the proposed changes to Class D procedures. Among other things, the proposals related to:
(a) the introduction of ICAO Class D procedures (as modelled on ICAO and US FAA Class D airspace procedures) at GAAP aerodromes; and
(b) alignment of procedures for existing Class D aerodromes with the procedures to be introduced at the former GAAP aerodromes.
Change of airspace procedures
CASA made the decision to change the former GAAP aerodromes procedures to Class D procedures after reviewing safety incidents, traffic levels and operational risk. In seeking a solution, CASA was guided by ICAO Annex 11 standards for airspace services, and US FAA procedures and weather criteria for procedures for entry into, and operations within, Class D airspace.
Changing the former GAAP aerodromes procedures and adjustments to Class D procedures was considered to be the most appropriate way to address the identified safety risks while minimising impact on high-density training operations at the former GAAP aerodromes.
New procedures in Class D airspace
Using its powers under the Airspace Regulations 2007, effective from 3 June 2010, CASA has changed GAAP aerodromes and associated control zones (CTR) procedures to Class D procedures. As a result, air traffic at the former GAAP aerodromes will observe adjusted procedures and receive a different suite of ATS. For example:
(a) aircraft flight planned according to the Instrument Flight Rules (I.F.R.) will not, as formerly, be required to conform to the Visual Flight Rules (V.F.R.) when visual meteorological conditions exist; and
(b) all flights will receive ATS; and
(c) I.F.R. flights will be separated from I.F.R. and Special V.F.R. flights, and will receive traffic information about V.F.R. flights, as well as traffic avoidance advice on request; and
(d) V.F.R. flights will receive traffic information about I.F.R. and V.F.R. flights, as well as traffic avoidance advice on request; and
(e) Special V.F.R. flights will be separated from other Special V.F.R. flights, when the visibility is less than 5 000 metres; and
(f) other procedures and requirements will apply in Class D airspace and at the respective controlled aerodromes, as described in the MOS amendment.
Education and training
Significant changes are made to the way operations are conducted at both former GAAP and Class D aerodromes. CASA recognises the effect of this and has undertaken a significant training and education campaign to ensure that pilots, flying organisations, aerodrome operators and air traffic controllers are all prepared for these changes.
Directions to pilots
The directions to pilots, as contained in CASA 142/10, provide procedures for operations in Class D airspace, commencing on and from 3 June 2010.
The directions are supported by determinations and other directions in CASA 143/10, also commencing on 3 June 2010, which deal with applicable distances for flight visibility, applicable distances from cloud and special V.F.R. flights.
The present directions in CASA 142/10 apply to each pilot operating an aircraft in Class D airspace, and to each pilot operating an aircraft into, or out of, an aerodrome in Class D airspace.
For the purposes of the directions, relevant ATC tower means the ATC tower or other facility that provides air traffic services for a particular Class D CTR or its associated Class D airspace.
Under the directions, the former directions, CASA 330/09 and CASA 597/09, are revoked. The new directions deal in particular with communications and airspeed as follows.
Communications
Arrival or through flight
Before entering Class D airspace, the pilot must establish 2-way radio communication with the relevant ATC tower. While within Class D airspace, the pilot must maintain 2-way radio communication with the relevant ATC tower.
Clearance for landing, take-off and manoeuvring area
When a relevant ATC tower is in operation at an aerodrome, the pilot may only land at, take off from, or operate on the manoeuvring area of, that aerodrome if he or she has appropriate clearance from the tower.
A Note explains that manoeuvring area is defined in the Air Services Regulations 1995 as any part of an aerodrome that is used for the take-off and landing of aircraft and for the movement of aircraft in association with take-off and landing, but does not include any apron.
Departing flight
When a relevant ATC tower is in operation at an aerodrome, the pilot must establish 2-way radio communication with the tower before entering the manoeuvring area, and, unless the tower instructs otherwise, maintain that communication while on the manoeuvring area or while within the Class D airspace.
At a non-towered aerodrome in a Class D CTR, the pilot must establish 2-way radio communication with the relevant ATC tower before departing. He or she must also maintain that communication while within the Class D airspace, unless the relevant tower instructs otherwise.
Airspeed limit below 2 500 ft
Unless otherwise permitted by the relevant ATC tower, the pilot in Class D airspace must not exceed an airspeed limit of 200 KT if he or she is within 4 nautical miles of the tower, and flying at or below 2 500 ft above the ground.
Legislative Instruments Act 2003 (LIA)
Under subregulation 99AA (6A) of CAR 1988, a direction that is not published in a CAO is a disallowable instrument. Under subparagraph 6 (d) (i) of 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. The direction is, therefore, a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA on changes to pilot procedures has taken place under the auspices of the NPC process for making the related Manual of Standards Part 172 Amendment (No. 1) 2010 in relation to airspace management.
NPC 172/04 was released for public consultation on 19 February 2010 and placed on the Safety Consultative Committee (SCC) website. The period for comment closed on 19 March 2010. There were 20 responses to the NPC and CASA took each response into account in deciding how to proceed further with the NPC.
Office of Best Practice Regulation (OBPR)
OBPR does not require a Regulation Impact Statement because a preliminary assessment of the Business Compliance Costs indicates that the amendment will have only a low impact on business.
Making and commencement
The instrument, which commences on 3 June 2010, has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA 142/10]