Explanatory Statement
Civil Aviation Regulations 1988
Designation — Class E airspace at Avalon for VFR broadcasts
Directions — VFR broadcasts and frequency for Avalon ATC tower hours
Purpose
This instrument imposes radio broadcasting requirements on pilots operating under visual flight rules (VFR) when in, or planning to enter, designated airspace at Avalon, Victoria, during the hours of operation of the Avalon air traffic control (ATC) tower.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under paragraph 99A (1) (b) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may designate airspace within defined horizontal and vertical limits as an area in which broadcast requirements apply. Under paragraphs 99A (3) (a) and (b), CASA may give directions specifying the broadcast requirements that apply to those designated areas, and the radio frequency on which such broadcasts must be made. Under subregulation 99A (4), if CASA gives a direction it must publish details of it in the Aeronautical Information Publication (AIP) or a notice to aviators (NOTAMS). Under subsections 99A (5), (6) and (7), it is a strict liability offence for a pilot to contravene a direction without a reasonable excuse.
Under subregulation 167 (1) of CAR 1988 (commencing on 3 June 2010), the pilot in command of an aircraft that is part of the aerodrome traffic at a controlled aerodrome must maintain a lookout for other aerodrome traffic to avoid collision. The pilot must also either maintain a continuous listening watch on the radio frequency specified in the AIP for communications with the aerodrome control service or, if that is not possible, keep a watch for any visual instructions from the aerodrome by that service.
Under subregulation 2 (1) of CAR 1988, aerodrome traffic is defined as all traffic on the manoeuvring area of an aerodrome, and all aircraft flying in the vicinity of an aerodrome.
Instrument CASA 142/10 (commencing on 3 June 2010) requires that, before entering Class D airspace, and while within it, the pilot in command of an aircraft must establish 2-way radio communication with the relevant ATC tower. Relevant ATC tower, for this purpose, is defined as the ATC tower or other facility that provides ATC services for a particular Class D control zone or its associated Class D airspace.
Background
Avalon aerodrome is a high volume airport that complements Melbourne (Tullamarine) aerodrome with a mix of commercial airliners and light aircraft in Class D and Class E airspace.
Commencing on 3 June 2010, instrument CASA 142/10 provides pilots with directions when operating in the Avalon Class D airspace. However, because of the nature of the particular Avalon aerodrome traffic, there is a risk that higher altitude transiting or approaching aircraft in the Avalon Class E control areas may listen exclusively to, or communicate with, the Melbourne air traffic service instead of the Avalon ATC tower. It is necessary, therefore, to complement CASA 142/10 with an instrument which ensures appropriate Avalon tower communications by aircraft in the Class E Avalon airspace above the Class D airspace.
Designation and direction
Commencing on 3 June 2010, instrument CASA 178/10 designates the specific Avalon Class E control areas as broadcast areas, and directs broadcast requirements.
Pilots operating under the VFR who intend to enter and operate in the designated Avalon Class E control areas during the hours of operation of the Avalon ATC tower must, before entering the areas, broadcast their intentions, including any subsequent changes of intention.
Similarly, while operating within a designated Class E control area such pilots must maintain 2-way radio communication with the Avalon tower.
Broadcasts in the designated areas must be made on radio frequency 120.10 MHz.
Specific details of the instrument are in Appendix 1.
Legislative Instruments Act 2003 (the LIA)
Under subsections 5 (1) and (4) of the LIA, the directions are 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 has been under the broader consultation process associated with the making of Civil Aviation Amendment Regulations 2010 (No. 1) (the Amendment Regulations), which deal directly with changes to broadcast requirements at controlled and non-controlled aerodromes.
The Amendment Regulations have been the subject of extensive industry consultation and review over the last 3 years, as described in more detail in section 3 of Notice of Proposed Rule Making (NPRM) 0908OS published for comment on 28 September 2009, and the Notice of Final Rule Making (NFRM) published on 9 April 2010.
Regulation Impact Statement (RIS)
The Office of Best Practice Regulation (OBPR) does not require preparation of a RIS in this case because the instrument is a minor machinery change consequential on the Amendment Regulations. The Amendment Regulations have been assessed as not being likely to add significantly to industry costs. OBPR has granted a RIS Exemption (reference 9691) for the changes made by the Amendment Regulations. The instrument, because of its consequential nature, is considered to be covered by that also and will have only a nil to low impact on business.
Commencement and making
The instrument takes effect on 3 June 2010 following registration. It has been made by a delegate of CASA under section 94 of the Act.
[Instrument number CASA 178/10]
Appendix 1 — Details of instrument
1 Commencement
Under this section, the instrument commences on 3 June 2010.
2 Designation — broadcast area
Under this section, the area of airspace within the horizontal and vertical limits set out for the area in a Table in Schedule 1 of the instrument is designated as an area in which broadcast requirements apply (designated area).
3 Direction — broadcast requirements
Under this section, the broadcast requirements for a designated area are mentioned in Schedule 2 of the instrument.
4 Direction — radio frequency
Under this section, broadcasts in a designated area must be made on radio frequency 120.10 MHz.
Schedule 1 Designated areas
Under Schedule 1, Table 1 and Table 2 set out the limits of the Avalon Class E control areas.
Schedule 2 Broadcast requirements for designated areas
The specific broadcast requirements are set out in Schedule 2.
Thus, the pilot in command of an aircraft operating under the VFR who intends to enter, and operate in, a designated area during the hours of operation of the Avalon ATC tower must, before entering the designated area, broadcast his or her intention to do so, and broadcast any change of intention.
Such pilots, while operating in the designated area, must maintain 2-way radio communication with the tower, including communication about any change of intention.