Explanatory Statement
Civil Aviation Regulations 1988
Determination — flight visibility and distance from cloud in V.F.R. flights
Direction — Special V.F.R. flights
Purpose
The purpose of this instrument is to update the determination of flight visibility and distance from cloud in V.F.R. flights and to provide direction to aircraft pilots about Special V.F.R. flights.
These changes are 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 aerodromes arises as part of CASA’s initiative to first, introduce, 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) from 3 June 2010, and secondly, to align procedures for existing Class D aerodromes with the procedures to be introduced at the former GAAP aerodromes.
Legislation
Directions about aerodromes
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.
Directions about use of airspace
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 (CAOs) or published in AIP or NOTAMS. Under subregulation 99AA (6A), a direction that is not given by means of a CAO 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.
Flight visibility and distance from cloud
Under subregulations 172 (2) and (2A) of CAR 1988, the pilot in command of an aircraft must not conduct a V.F.R. flight if the flight visibility is not equal to or greater than the applicable distance determined by CASA, and the vertical and horizontal distances from cloud are not equal to or greater than the applicable distances determined by CASA.
Under subregulation 172 (2AA), failure to comply with a determination is a strict liability offence. Under subregulation 172 (2B), CASA must notify the determined distances in AIP or NOTAMS.
Under subregulation 172 (3), when determining applicable distances, CASA may do so by reference to a class of airspace.
Under subregulation 172 (4), despite subregulation 172 (2), the pilot in command of an aircraft may conduct a Special V.F.R. flight if air traffic control (ATC) gives permission and the flight is conducted in accordance with any applicable conditions.
Subregulation 172 (5) defines special V.F.R. flight as a V.F.R. flight conducted in a control zone, or a control area next to a control zone, for the purpose of entering or leaving the zone, when the flight visibility or distances from cloud are less than the determined distances.
Power to impose conditions
Under subregulation 303A (1) of CAR 1988, if CASA or an authorised person is authorised under CAR 1988 to grant a prescribed exemption, and there is no provision expressly for the imposition of conditions, then this regulation authorises CASA or the authorised person to grant the exemption subject to conditions in the interests of the safety of air navigation.
Under subregulation 303A (2), a condition has no effect unless it is set out in the exemption, or in a written notice to the holder of the exemption.
Under subregulation 303A (3), if a person contravenes a condition of a prescribed exemption or any other provision of CAR 1988, the exemption has no effect while the contravention continues.
Under subregulation 303A (4), prescribed exemption means an exemption, direction, instruction, notification, permission, approval or authority (whatever it is called) that has the effect of exempting a person from complying with a provision of CAR 1988.
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 ATC clearance to enter, cross or taxi along any runway; and changes to ATC hours of operation.
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). Further, steps would be taken to align procedures for existing Class D aerodromes with the procedures to be introduced at the former GAAP aerodromes.
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.
Determination and directions to pilots about fight visibility etc.
As part of these changes, it is necessary to make the instrument to which this Explanatory Statement relates. This is to revise and update flight visibility determinations for Class D and other classes of airspace, to deal with helicopter flights over water, and to deal specifically with Special V.F.R. flights in Class D airspace.
The instrument
The instrument provides as follows.
Revocation
First, under section 2, CASA instrument SRS 3/1992 is revoked. This revoked instrument was the predecessor of the current instrument, CASA 143/10.
Flight visibility in V.F.R.
Under section 3, the applicable distance for flight visibility during a relevant V.F.R. flight is not less than the relevant distance mentioned in Schedule 1 of the instrument. Schedule 1 is set out in Appendix 1 of this Explanatory Statement.
Distances from cloud in V.F.R.
Under section 4, the applicable distances for vertical and horizontal distances from cloud during a relevant V.F.R. flight are not less than the relevant distances mentioned in Schedule 1.
Special V.F.R. in Class C or Class D airspace
Under section 5, the pilot of an aircraft may only conduct a flight in Class C or Class D airspace under the Special V.F.R. (SVFR) if several conditions are met.
Thus, the aircraft flight must be conducted clear of cloud. For an aeroplane, the flight visibility must be not less than 1 600 m. For a helicopter, the flight visibility must be not less than 800 m. For a balloon, the flight visibility must be not less than 100 m for a height below 500 ft AGL or 1 600 m for a height above 500 ft AGL. For a helicopter, the aircraft must be operated at a speed that allows the pilot adequate opportunity to see any obstructions or air traffic in sufficient time to avoid collision. The aircraft flight must be conducted in accordance with the requirements of regulation 157 of CAR 1988 in relation to low flying. Finally, the pilot of the aircraft must have an SVFR clearance from ATC.
Conditions
Each applicable distance for flight visibility, and each vertical and horizontal distance from cloud, mentioned in an item in Schedule 1 must be applied subject to the conditions for it in the Schedule, for example, in relation to radio carriage, day operation only, speed restrictions etc.
Schedule 1
As noted above, Schedule 1 is set out in Appendix 1 of this Explanatory Statement. The Schedule also contains a key explaining some abbreviations, and some explanatory Notes.
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 instrument 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 flight visibility etc. 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 143/10]
Appendix 1
Applicable distance for flight visibility and applicable distances for cloud
Key:
AMSL means above mean sea level.
AGL means above ground level.
Column 1 | 2 | 3 | 4 | 5 | 6 | 7 |
Item | Class of Airspace | Type of aircraft | Height at which applicable | Applicable distance for flight visibility | Applicable distances for vertical and horizontal distances from cloud visibility | Conditions |
1 | Class A | Not applicable | See Note 1. | |||
2 | Class C | Aeroplanes, helicopters and balloons | At or above 10 000 ft AMSL | 8 km | 1 000 ft vertical 1 500 m horizontal | Subject to alternative ATC permission for SVFR. See Note 2. |
3 | Class C | Aeroplanes, helicopters and balloons | Below 10 000 ft AMSL | 5 000 m | 1 000 ft vertical 1 500 m horizontal | Subject to alternative ATC permission for SVFR. See Note 2. |
4 | Class D | Aeroplanes, helicopters and balloons | All of the Class D airspace | 5 000 m | 1 000 ft above 500 ft below 600 m horizontal | Subject to alternative ATC permission for SVFR. See Note 2. |
5 | Class E | Aeroplanes, helicopters and balloons | At or above 10 000 ft AMSL | 8 km | 1 000 ft vertical 1 500 m horizontal |
|
6 | Class E | Aeroplanes, helicopters and balloons | Below 10 000 ft AMSL | 5 000 m | 1 000 ft vertical 1 500 m horizontal |
|
7 | Class G | Aeroplanes, helicopters and balloons | At or above 10 000 ft AMSL | 8 km | 1 000 ft vertical 1 500 m horizontal |
|
8 | Class G | Aeroplanes, helicopters and balloons | Subject to items 9, 10, 11, 12 and 13, below 10 000 ft AMSL | 5 000 m | 1 000 ft vertical 1 500 m horizontal |
|
9 | Class G | Aeroplanes, helicopters and balloons | Subject to items 10, 11, 12 and 13, at or below whichever is the higher of: (a) 3 000 ft AMSL; (b) 1 000 ft AGL | 5 000 m | Clear of cloud and in sight of ground or water | Radio must be carried and used on the appropriate frequency |
10 | Class G | Helicopters | (a) Below 700 ft above ground; or (b) below 700 ft above water when operating at a distance from land that allows compli-ance with sub-regulation 258 (1) of CAR 1988. See Note 3. | 800 m | Clear of cloud | (a) Day operation only; (b) at a speed that allows the pilot adequate opportunity to see any obstructions or air traffic in sufficient time to avoid collision; (c) if operating less than 10 NM from an aerodrome with an approved instrument approach procedure — then: (i) in accordance with all requirements to report, broadcast and maintain a listening watch; and (ii) maintaining a separation of at least 500 ft vertically from any aircraft conducting an IFR operation less than 10 NM from the aero-drome. |
11 | Class G | Helicopters | Below 700 ft above water when operating at a distance from land greater than that which allows compliance with subregulation 258 (1) of CAR 1988. See Note 3. | 1. 5 000 m, if only condition 1 is com-plied with | 1. 600 m horizontal and 500 ft vertical, if only con-dition 1 is complied with | 1. (a) Day operation only; (b) at a speed that allows the pilot adequate opportunity to see any obstructions or air traffic in sufficient time to avoid collision; (c) if operating less than 10 NM from an aerodrome with an approved instrument approach procedure — then: (i) in accord-ance with all require-ments to report, broadcast and main-tain a listening watch; and (ii) maintaining a separation of at least 500 ft verti-cally from any aircraft conducting an IFR operation less than 10 NM from the aero-drome. 2. The applicable distances for vertical and horizontal distances from cloud visibility do not apply if the helicopter: (a) uses track guidance provided by an approved operating radio navigation aid; and (b) is equipped with a comple-mentary radio navigation system. |
2. 800 m, if conditions 1 and 2 are both complied with | 2. Clear of cloud, if conditions 1 and 2 are both com-plied with | |||||
12 | Class G | Balloons | Below 1 500 ft above ground or water | 5 000 m | Clear of cloud | No vertical clearance from cloud below the balloon is required provided: (a) the top of the cloud is at or below 500 ft above ground or water; and (b) the balloon is at least 10 NM from an aerodrome with an approved instrument approach procedure |
13 | Class G | Balloons | Below 500 ft above ground or water | 100 m | Not applicable | Day operation only provided the balloon is at least 10 NM from an aerodrome with an approved instrument approach procedure. |
Note 1 V.F.R. aircraft are not permitted to fly in Class A airspace.
Note 2 SVFR means Special Visual Flight Rules and is dealt with in subregulations 172 (4) and (5) of CAR 1988.
Note 3 Subregulation 258 (1) of CAR 1988 provides that the pilot in command of the aircraft must not fly over water at a distance from land greater than the distance from which the aircraft could reach land if the engine, or, in the case of a multi-engined aircraft, the critical engine (being the engine the non-operation of which when the other engines are in operation gives the highest minimum speed at which the aircraft can be controlled) were inoperative.
Subregulation 258 (3) provides that it is a defence to a prosecution under subregulation 258 (1) of CAR 1988 if the flight was in accordance with directions issued by CASA. CASA has issued Directions which, if complied with during a permitted flight over water, would allow the flight to be at the greater distance mentioned in subregulation 258 (1).