Explanatory Statement
Civil Aviation Regulations 1988
Instructions under CAR 235A — minimum runway width for aeroplanes
Legislation
Subsection 98 (1) 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 subregulation 235A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions specifying the minimum runway width applicable to an aeroplane or a type of aeroplane.
Instrument
Australia has adopted the International Civil Aviation Organization methodology of using a code system, known as the aerodrome reference code, to specify the standards for individual aerodrome facilities which are suitable for use by aeroplanes within a range of performances and sizes. This has been published in the Manual of Standards Part 139 — Aerodromes.
The instrument renews a previous instrument, CASA 420/10 (the previous instrument), which expires at the end of May 2011. The instrument differs from the previous instrument in that the minimum runway width for Bombardier DHC8-400 and Airbus A380 aircraft has been specified by reference to an aerodrome reference code other than the code that would be obtained from Table 1. The Airbus A380 is an aerodrome reference code 4F aeroplane which has been certified to operate unconditionally on Code 4E runways. The Bombardier DHC8-400 is an aerodrome reference code 3D aeroplane which has been certified to operate unconditionally on Code 3C runways. There are also a number of consequential and minor drafting differences from the previous instrument.
Legislative Instruments Act
Under paragraph 5 of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument if it is of a legislative character and was made in the exercise of a power delegated by the Parliament and determines the law or alters the content of the law. The instructions meet all the above requirements. The instrument is, therefore, a legislative instrument and it is 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 undertaken with industry.
The instrument commences on 1 June 2011. It stops having effect at the end of February 2012.
The instructions have been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 204/11]
Overview
The Civil Aviation Regulations 1988, as supplemented by the instrument F2011L00900, were enacted to address the need for clear and updated regulations regarding the minimum runway widths required for different types of aeroplanes, ensuring they align with contemporary safety standards and operational capabilities. This legislation was introduced to provide the Civil Aviation Safety Authority (CASA) with the authority to issue specific instructions regarding runway widths, as permitted under subsection 98(1) of the Civil Aviation Act 1988. The policy objective is to enhance aviation safety by ensuring that aerodrome facilities meet the necessary standards for the safe operation of various aircraft types. This is achieved by adopting the International Civil Aviation Organization's aerodrome reference code system, which is detailed in the Manual of Standards Part 139 — Aerodromes. The instrument, which supersedes CASA 420/10, introduces specific minimum runway widths for the Bombardier DHC8-400 and Airbus A380 aircraft, reflecting their operational certifications and performance characteristics.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the instrument CASA 204/11, provide specific instructions under subregulation 235A(1) regarding the minimum runway width applicable to certain aeroplanes. This legislation applies to the Civil Aviation Safety Authority (CASA) and pertains to the regulation of aerodromes and the safety standards for aeroplanes, particularly those operated by commercial airlines and other entities involved in civil aviation. The instrument specifies the minimum runway widths for the Bombardier DHC8-400 and Airbus A380 aircraft by referencing an aerodrome reference code other than the one derived from Table 1, aligning with the International Civil Aviation Organization’s methodology. The instrument is applicable across Australia and is subject to the legislative requirements outlined in the Legislative Instruments Act 2003, ensuring it is appropriately tabled and can be disallowed by Parliament. This instrument replaces the previous instrument CASA 420/10, with minor drafting changes and updated specifications for the mentioned aircraft types.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988, as amended by this instrument, include subregulation 235A(1) (subsection 98(1) of the Civil Aviation Act 1988). This subregulation allows the Civil Aviation Safety Authority (CASA) to issue instructions specifying the minimum runway width applicable to aeroplanes or specific types of aeroplanes. These instructions are based on the aerodrome reference code, which is part of the International Civil Aviation Organization methodology, detailed in the Manual of Standards Part 139 — Aerodromes. This code system is designed to ensure that aerodrome facilities meet the necessary standards for different sizes and performance capabilities of aeroplanes.
The obligations imposed by this Act on the parties and entities it governs are primarily centred around compliance with the specified minimum runway widths for aeroplanes. Operators of Bombardier DHC8-400 and Airbus A380 aircraft must adhere to the specified runway widths as outlined in the aerodrome reference code. These specifications ensure that the aeroplanes can operate safely and effectively within the designated runway dimensions. Furthermore, aerodrome operators must ensure that their runways meet these minimum widths to facilitate safe operations for the specified types of aeroplanes.
There are potential civil and criminal consequences for breaching the minimum runway width requirements stipulated by the Civil Aviation Regulations 1988. Non-compliance with these requirements could lead to safety hazards, potentially resulting in accidents or incidents. While the Act does not explicitly state maximum penalties for such breaches, CASA may impose administrative penalties or other enforcement actions. Additionally, if the non-compliance leads to an incident or accident, it could result in further civil or criminal liabilities under other provisions of the Civil Aviation Act 1988 or related regulations. It is crucial for all parties to adhere to these specifications to maintain the safety and efficiency of air navigation.