EXPLANATORY STATEMENT
CIVIL AVIATION ACT
CIVIL AVIATION REGULATIONS
DIRECTION UNDER SUBREGULATION 99AA (5) RELATING TO THE USE OF CLASS E AIRSPACE BY V.F.R. AIRCRAFT
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Under regulation subregulation 99AA (5) of the Civil Aviation Regulations (the Regulations), CASA may give directions or instructions about the use of a class of airspace by aircraft engaged in flights under the visual flight rules (V.F.R.). Under subregulation 99AA (6A) of the Regulations, a direction under subregulation 99AA (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
The purpose of this instrument is to require powered aircraft operating in Class E airspace to carry an activated and serviceable Mode A and Mode C secondary radar surveillance transponder. By carrying and operating that type of transponder a V.F.R aircraft transmits to Air Traffic Control radar a precise image giving its height and location. Without a transponder, no information on the position or altitude of the V.F.R. aircraft would be provided to Air Traffic Control, despite the aircraft being within the coverage of en route secondary surveillance radar
In addition, when aircraft are fitted with a transponder outside of radar coverage, the use of a serviceable and activated transponder will facilitate detection of the aircraft by other aircraft which are fitted with collision avoidance systems.
The instrument has been issued by the Acting Director of Aviation Safety, on behalf of CASA, under section 84A of the Act.
[INSTRUMENT NUMBER: CASA 202/98]
Overview
The Civil Aviation Act 1988 was enacted to regulate the aviation industry in Australia, ensuring the safety of air navigation and related matters. This legislation provides the legal framework for the Civil Aviation Regulations, which govern various aspects of civil aviation, including the use of airspace. A specific regulation under this Act, the Civil Aviation Regulations, addresses the use of Class E airspace by Visual Flight Rules (VFR) aircraft. The explanatory statement outlines that the Civil Aviation Safety Authority (CASA) may issue directions or instructions regarding such use under subregulation 99AA(5). The stated policy objective of this instrument is to mandate that powered aircraft operating in Class E airspace must carry an activated and serviceable Mode A and Mode C secondary radar surveillance transponder. This requirement ensures that VFR aircraft transmit precise height and location information to Air Traffic Control, enhancing situational awareness and collision avoidance. The instrument, issued by the Acting Director of Aviation Safety on behalf of CASA, aims to bolster aviation safety by mandating the use of transponders in specified airspaces.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Regulations, governs the safety of air navigation in Australia, with specific attention to the use of Class E airspace by aircraft operating under visual flight rules (VFR). Under subregulation 99AA(5) of the Civil Aviation Regulations, the Civil Aviation Safety Authority (CASA) can issue directions or instructions regarding the utilisation of Class E airspace by VFR aircraft. This particular instrument mandates that all powered aircraft operating within Class E airspace must carry an activated and serviceable Mode A and Mode C secondary radar surveillance transponder. This requirement is integral to ensuring that VFR aircraft transmit precise height and location data to Air Traffic Control radar, thereby maintaining situational awareness even when VFR aircraft are within the coverage of en route secondary surveillance radar. Furthermore, the presence of an operational transponder outside radar coverage areas aids in the detection of aircraft by other aircraft equipped with collision avoidance systems, thereby enhancing overall flight safety. This instrument, issued by the Acting Director of Aviation Safety on behalf of CASA under section 84A of the Act, is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901.
Key Provisions
The Civil Aviation Act 1988 (the Act) provides the foundation for the regulation of civil aviation in Australia, and under Section 98, the Governor-General may create regulations aimed at ensuring the safety of air navigation. One such regulation is subregulation 99AA(5) of the Civil Aviation Regulations (the Regulations), which allows the Civil Aviation Safety Authority (CASA) to issue directions or instructions about the use of Class E airspace by aircraft flying under visual flight rules (VFR). This specific direction, issued under subregulation 99AA(6A) and classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, mandates that powered aircraft operating in Class E airspace must carry an activated and serviceable Mode A and Mode C secondary radar surveillance transponder. The inclusion of this requirement is crucial for ensuring that Air Traffic Control (ATC) receives precise information about the height and location of VFR aircraft, even if they are within the coverage of secondary surveillance radar but without a transponder, ATC would not receive any data on their position or altitude.
The obligations imposed by this regulation are clear and specific. Powered aircraft operating in Class E airspace must ensure their Mode A and Mode C transponders are both activated and serviceable before flight. This requirement is not only to provide ATC with essential information but also to enhance safety by facilitating the detection of aircraft by other aircraft equipped with collision avoidance systems when operating outside radar coverage. This dual functionality of the transponders ensures that both ATC and other aircraft can track and respond to the presence of VFR aircraft, thereby reducing the risk of mid-air collisions and enhancing overall airspace safety.
Failure to comply with these provisions can lead to significant consequences. Although the specific penalties for non-compliance are not detailed in the explanatory statement, the broader legal framework under which CASA operates allows for both civil and criminal penalties. Civil penalties could include fines, while criminal penalties might involve imprisonment, depending on the severity and circumstances of the breach. The exact penalties would be determined in accordance with the applicable laws and regulations, but the overarching aim is to enforce strict compliance to maintain the highest standards of aviation safety. The instrument has been issued by the Acting Director of Aviation Safety, on behalf of CASA, under section 84A of the Act, underscoring the regulatory authority’s commitment to ensuring safe and efficient air navigation.