EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
SUBREGULATIONS 99A (1) and (3)
DESIGNATION OF AIRSPACE FOR BROADCAST REQUIREMENTS — CTAF
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.
Paragraph 99A (1) (b) of the Civil Aviation Regulations 1988 (the Regulations) provides that CASA may designate airspace within defined horizontal and vertical limits as an area in which broadcast requirements apply. Paragraph 99A (3) of the Regulations provides that CASA may give directions specifying the broadcast requirements that apply to those designated areas, and the radio frequencies on which such broadcasts must be made.
Under these provisions, CASA has established across Australia broadcast areas centred on aerodromes. Depending on the likely volume of traffic associated with an aerodrome, an area is either a mandatory broadcast zone (an MBZ), in relation to which all aircraft must make alerting broadcasts, or a common traffic advisory frequency (CTAF) broadcast area in which only radio-equipped aircraft must make such broadcasts.
From time to time, in response to changes in operational circumstances, CASA reissues instruments which designate areas in which broadcast requirements apply, state what those requirement are and provide for the radio frequencies on which those broadcasts are to be made.
In this instrument, the designated areas are CTAF broadcast areas in which radio-equipped aircraft must make certain broadcasts. The pilot in command of a radio-equipped aircraft intending either to land at an aerodrome in the designated area or fly through the area without landing, must immediately on entering the area broadcast certain information about the aircraft, including its callsign and type, its position and level and the pilot’s intentions.
Similarly, when taxiing for take-off from an aerodrome in a designated area the pilot in command of a radio-equipped aircraft must broadcast information identifying the aircraft, aerodrome and runway, the intended destination or direction and if instrument flight rules are to be used. Information identifying the aircraft and runway, and a statement of the pilot’s immediate intentions must be broadcast just before the aircraft enters the actual take-off runway.
The pilot in command of an aircraft that is not radio-equipped is not required to broadcast in CTAF designated areas.
CASA 484/04 had previously designated CTAF broadcast areas, broadcast requirements and radio frequencies for radio-equipped aircraft. The instrument revokes and replaces CASA 484/04 to incorporate a new CTAF broadcast area established at The Monument (Qld). The instrument also changes the CTAF radio frequency at Wiluna (WA) and Junee (WA) aerodromes. This is to facilitate the use of an Aerodrome Frequency Response Unit.
Legislative Instruments Act 2003
Under subsections 5 (1) and (4) of the Legislative Instruments Act 2003 (the LIA), the designation is a legislative instrument. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation under section 17 of the LIA has been in accordance with standing arrangements under which the changes were considered and recommended by the Western Australian Regional Airspace Users Advisory Committee.
The instrument commences on 9 June 2005.
The instrument has been issued on behalf of CASA by the Head of Operational and Flight Crew Licensing Standards, a delegate of CASA under subregulation 7 (1) of the Regulations.
[Instrument number CASA 203/05]
Overview
The Civil Aviation Regulations 1988 were enacted to provide for the regulation of civil aviation in Australia, ensuring the safety of air navigation and addressing gaps in airspace management. These regulations, issued under the authority of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to designate specific airspaces for broadcast requirements, such as mandatory broadcast zones and common traffic advisory frequency (CTAF) areas. This regulatory framework is designed to enhance communication between aircraft and ground stations, particularly in areas with varying traffic volumes, thus improving overall aviation safety. The policy objective is to streamline and standardise broadcast requirements in designated airspaces, facilitating efficient air traffic management and communication. The regulations are subject to parliamentary oversight and consultation with relevant airspace user advisory committees, ensuring a balanced approach to aviation safety and operational efficiency.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, particularly the Civil Aviation Regulations 1988, pertain to the regulation of airspace and safety of air navigation within Australia. The Act empowers the Governor-General to make regulations concerning the safety of air navigation, and under this authority, the Civil Aviation Safety Authority (CASA) has established broadcast areas around aerodromes across Australia. These areas are designated either as mandatory broadcast zones (MBZ), where all aircraft are required to make alerting broadcasts, or as common traffic advisory frequency (CTAF) broadcast areas, where only radio-equipped aircraft are required to make such broadcasts. The pilot in command of a radio-equipped aircraft must broadcast specific information about the aircraft and the pilot's intentions when entering these designated areas. Conversely, aircraft that are not radio-equipped are exempt from this broadcast requirement within CTAF designated areas. This regulatory framework is designed to enhance aviation safety by ensuring that pilots communicate their actions and intentions, thereby reducing the risk of mid-air collisions and other aviation incidents.
Key Provisions
The key provisions of the instrument revolve around the designation of airspace for broadcast requirements, specifically for radio-equipped aircraft operating within Common Traffic Advisory Frequency (CTAF) broadcast areas. Section 99A(3) of the Civil Aviation Regulations 1988 allows the Civil Aviation Safety Authority (CASA) to designate airspace and specify the broadcast requirements for those areas, including the radio frequencies to be used. Under this authority, CASA has established CTAF broadcast areas centred on aerodromes across Australia, with specific requirements for radio-equipped aircraft intending to land or fly through these areas. The pilots must broadcast certain information, including the aircraft's callsign, type, position, level, and intentions. Additionally, when taxiing for take-off from an aerodrome in a designated area, the pilot must broadcast information identifying the aircraft, aerodrome, runway, intended destination or direction, and whether instrument flight rules will be used. A statement of immediate intentions must be broadcast just before entering the actual take-off runway.
The obligations imposed on parties governed by this Act primarily concern the pilots of radio-equipped aircraft. Pilots must comply with the broadcast requirements when entering or operating within the designated CTAF areas. This includes broadcasting their callsign, aircraft type, position, level, and intentions upon entering the area. Before take-off, they must also broadcast identifying information about the aircraft, aerodrome, and runway, along with the intended destination or direction, and a statement of immediate intentions. These obligations ensure that all radio-equipped aircraft communicate essential information to other pilots and air traffic control, thereby enhancing aviation safety.
Failure to comply with the broadcast requirements within the designated CTAF areas may lead to various consequences. Although the specific offences, penalties, or consequences for non-compliance are not detailed in the provided text, it is reasonable to infer that such breaches could be considered violations under the Civil Aviation Act 1988 or the Civil Aviation Regulations 1988. Typically, violations of these regulations could result in civil penalties, including fines, and potentially criminal charges if the breach leads to an incident or endangers flight safety. The exact penalties would depend on the severity of the non-compliance and the specific circumstances surrounding the incident.