EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
SUBREGULATIONS 99AA (5) AND 174A (3)
APPROVAL FOR CERTAIN GLIDERS TO FLY UNDER THE V.F.R. WITHOUT A SECONDARY SURVEILLANCE RADAR TRANSPONDER
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 99AA (5) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions about the use of a class of airspace by aircraft engaged in flights under the Visual Flight Rules (V.F.R.) or the Instrument Flight Rules. CASA has given such directions in section 52.1 of the Civil Aviation Orders (the CAOs).
Paragraph 1.2 of section 52.1 of the CAOs provides that in Class A/RVSM airspace (airspace with a reduced vertical separation minimum for aircraft) the essential RVSM equipment of an aircraft includes a secondary surveillance radar transponder (SSRT) that has an altitude-reporting system that can be switched to operate from either of two independent altitude measurement systems on board the aircraft.
Subregulation 174A (1) of CAR 1988 provides that CASA may issue instructions relating to the SSRT equipment that must be carried on an aircraft before it undertakes a V.F.R. flight. Subregulation 174A (3) of CAR 1988 provides that CASA may give permission for aircraft to be flown under the V.F.R. although not equipped with SSRT equipment that may be required under subregulation 174A (1).
Gliders do not normally fly in Class A airspace (which includes high altitude airspace) and they are not equipped with SSRT because they do not have an adequate power source on board. However, following an agreement with Airservices Australia (AA), the Canberra Gliding Club (CGC) conducts high altitude flights in Class A airspace in accordance with 2 permissions issued by CASA.
This instrument revokes and replaces those permissions. In substantially the same terms it gives permission under subregulations 99AA (5) and 174A (3) for pilots in command of gliders, who are members of the Gliding Federation of Australia (GFA) and who operate from Bunyan Airfield in the Snowy Mountains area, to operate in Class A airspace without SSRT equipment for the purposes of those glider flights.
The instrument is subject to compliance with conditions set out in Schedule 1. The flights must be conducted in accordance with the operational requirements of AA and CASA. The pilot in command must be a member of the GFA, have received and understood a briefing about the flights from the Chief Flying Instructor of the CGC, or his or her delegate, and carry and use a VHF radio to make broadcasts in accordance with regulation 99A of CAR 1988. The pilot in command must keep on his or her person, during any flight and for a limited period before and after any flight, a copy of the Letter of Agreement entered into between the CGC and AA for the conduct of high altitude glider flights.
Regulation 5A of CAR 1988 provides that where CASA has issued a CAO, and subsequently gives a permission under CAR 1988 that affects anything in the CAO, the permission is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. The instrument would have been disallowable under regulation 5A because it affects the requirement to carry SSRT equipment in accordance with paragraph 1.2 of section 52.1 of the CAOs.
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA) an instrument is a legislative instrument if declared to be a disallowable instrument under legislation in force before the commencing day of the LIA.
As a legislative instrument, this instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the Legislative Instruments Act 2003 has not been undertaken. The instrument revokes and replaces instruments that dealt with high altitude glider operations in substantially the same terms.
Registration under the Legislative Instruments Act 2003
The instrument has been lodged for registration under section 25 of the LIA together with a copy of this explanatory statement.
The permission starts having effect on 9 June 2005 and stops having effect at the end of May 2007.
The instrument has been issued by the Acting Executive Manager, Aviation Safety Compliance, a delegate of CASA.
[Instrument number CASA 198/05]
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia and to ensure the safety and efficiency of air navigation. The Act provides the legal framework for the regulation of civil aviation, including the issuance of regulations and the oversight of aviation safety by the Civil Aviation Safety Authority (CASA). The Civil Aviation Regulations 1988 (CAR 1988) were introduced to further elaborate on the provisions of the Civil Aviation Act 1988 and to provide detailed rules and requirements for the operation of aircraft in Australia. The policy objective of these regulations is to ensure the safety of air navigation and the protection of the public. In the context of the subregulations 99AA(5) and 174A(3) of the CAR 1988, the problem addressed is the operation of gliders in Class A airspace without the mandatory secondary surveillance radar transponder (SSRT) equipment, a requirement typically necessitated by the need for altitude reporting and collision avoidance systems in such airspace. The instrument issued under these subregulations allows certain gliders operated by the Canberra Gliding Club, under specific conditions, to fly in Class A airspace without SSRT equipment, subject to stringent conditions to ensure safety, including the requirement for pilots to be members of the Gliding Federation of Australia and to comply with operational requirements set by Airservices Australia and CASA.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the instrument F2005L01427, pertains to the operation of gliders under the Visual Flight Rules (V.F.R.) in Class A airspace without the necessity of a secondary surveillance radar transponder (SSRT). This applies to pilots in command of gliders who are members of the Gliding Federation of Australia and who operate from Bunyan Airfield in the Snowy Mountains area. The instrument revokes and replaces prior permissions, continuing to allow these specific glider flights in Class A airspace under certain conditions, despite the general requirement for SSRT equipment in such airspace. These permissions are subject to compliance with conditions outlined in Schedule 1, including adherence to operational requirements set by Airservices Australia and the Civil Aviation Safety Authority (CASA), and the necessity for pilots to carry a copy of the Letter of Agreement between the Canberra Gliding Club and Airservices Australia. The instrument is a legislative instrument subject to tabling and disallowance in Parliament, in accordance with the Legislative Instruments Act 2003, and is effective from 9 June 2005 until the end of May 2007.
Key Provisions
The main operative sections of this legislation are subregulations 99AA(5) and 174A(3) of the Civil Aviation Regulations 1988. These provisions allow the Civil Aviation Safety Authority (CASA) to give directions about the use of a class of airspace by aircraft flying under the Visual Flight Rules (VFR) and to issue permission for aircraft to fly under VFR without the required secondary surveillance radar transponder (SSRT) equipment. Specifically, subregulation 99AA(5) enables CASA to provide such directions, while subregulation 174A(3) allows CASA to grant permission for aircraft to fly under VFR without SSRT equipment. This legislation applies to gliders operated by pilots who are members of the Gliding Federation of Australia (GFA) and who fly from Bunyan Airfield in the Snowy Mountains area. The permission granted by these subregulations is contingent on compliance with the conditions set out in Schedule 1, including adherence to operational requirements set by Airservices Australia (AA) and CASA, and the pilot in command being a GFA member who has received a briefing about the flights from the Chief Flying Instructor of the Canberra Gliding Club or their delegate.
The obligations imposed by this legislation include several specific requirements for pilots operating gliders under the granted permissions. Firstly, pilots must ensure that they are members of the GFA. Secondly, they must have received and understood a briefing about the flights from the Chief Flying Instructor of the Canberra Gliding Club or their delegate. Additionally, pilots must carry and use a VHF radio to make broadcasts in accordance with regulation 99A of the Civil Aviation Regulations 1988. Furthermore, the pilot in command must keep a copy of the Letter of Agreement entered into between the CGC and AA for the conduct of high altitude glider flights on their person during any flight and for a limited period before and after any flight. These obligations are designed to ensure that the flights are conducted safely and in accordance with the terms of the agreement between the relevant parties.
The legislation also outlines potential consequences for breaches of the conditions set out in the permissions granted by subregulations 99AA(5) and 174A(3). While specific penalties are not detailed within the text of the legislation, it is noted that the instrument is a legislative instrument and is therefore subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. This means that any breach of the conditions could potentially lead to the instrument being disallowed by Parliament, which could result in the cessation of the permissions granted. Additionally, any failure to comply with the conditions could be considered a breach of the Civil Aviation Act 1988 or the Civil Aviation Regulations 1988, which could result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach.