Explanatory Statement
Civil Aviation Safety Regulations 1998
Approval — means of providing surface wind information
Exemption — provision of a wind direction indicator
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Subpart 139.B of the Civil Aviation Safety Regulations 1998 (CASR 1998) relates to certified aerodromes, and includes regulations 139.050, 139.180 and 139.185.
Paragraph 139.050 (a) of CASR 1998 provides that the standards for a certified aerodrome’s facilities and equipment are set out in the Manual of Standards (MOS) – Part 139 Aerodromes (the MOS).
Regulation 139.180 of CASR 1998 provides that the operator of a certified aerodrome must, in accordance with the standards for wind direction indicators set out in the MOS, install and maintain at least 1 wind direction indicator at the aerodrome.
Subregulation 139.185 (1) of CASR 1998 provides that if a runway at a certified aerodrome is used in non-precision approach operations, the operator of the aerodrome must ensure that there is a wind direction indicator near the end or ends of the runway at which instrument non-precision approach operations can be conducted.
Subpart 139.C of CASR 1998 relates to registered aerodromes, and includes regulation 139.295.
Regulation 139.295 of CASR 1998 provides that the standards applicable to registered aerodromes are the standards applicable to certified aerodromes in relation to specified matters, including wind direction indicators, and other standards set out in the MOS that are applicable to registered aerodromes.
Under subregulation 11.160 (1) of CASR 1998, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic. Under subregulation 11.160 (3), CASA may grant an exemption either on application or on its own initiative. Under subregulation 11.170 (3), in making its decision whether to grant an exemption, CASA must regard as paramount the preservation of a level of aviation safety that is at least acceptable.
Subregulation 139.185 (3) provides that CASA may grant an exemption to the operator under regulation 11.160 from compliance with subregulation 139.185 (1) only if CASA is satisfied that surface wind information is passed to the pilots of aircraft approaching the runway by 1 of 3 specified means. The first of those means is an automatic weather observing system (AWOS) that is compatible with the Bureau of Meteorology’s weather observing system and provides surface wind information through an aerodrome weather information broadcast. The second of those means is an approved observer having a communication link with pilots through which timely information about surface wind can be clearly passed to pilots. The third of those means is any other means, approved by CASA, of providing surface wind information. Therefore, for CASA to grant an exemption from compliance with subregulation 139.185 (1) in circumstances where surface wind information is not able to be passed to pilots by an AWOS or an approved observer, CASA must have approved another means of providing surface wind information.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Background
For an aerodrome that does not have a wind direction indicator at the threshold of a runway, it is acceptable for the aerodrome to have a serviceable AWOS and an aerodrome weather information broadcast unit that provides surface wind information. In the event that the AWOS or broadcast unit is temporarily unserviceable, it is acceptable for the wind surface information to be provided to pilots by an approved observer through a communication link.
In the event that the AWOS or broadcast unit is temporarily unserviceable and there is no approved observer with a communication link to pilots, the safety of an approach operation will depend on the pilot’s ability to obtain surface wind information from another source. In these circumstances, it is acceptable to CASA for the pilot to conduct a circling approach during which the pilot is able to observe the aerodrome’s wind direction indicator before the final approach leg. However, the level of safety of a straight-in instrument non-precision approach is not considered to be acceptable in these circumstances.
Instrument
This instrument applies to any operator (the aerodrome operator) of a certified or registered aerodrome.
Section 3 of the instrument approves an aerodrome’s wind direction indicator as the means of providing surface wind information in the limited circumstances set out in that section. This approval will allow aircraft to conduct instrument non-precision approaches to aerodromes in the absence of a wind direction indicator near the end of the runway, a serviceable AWOS or an approved observer with a communication link to the pilot, if the pilot is performing a circling approach during which the pilot is able to observe the wind direction indicator before the final approach leg.
The exemption in subsection 4 (1) exempts the operator of a certified aerodrome from compliance with subregulation 139.185 (1) of CASR 1998 in relation to the conduct of instrument non-precision approach operations to a runway. The exemption in subsection 4 (2) exempts the operator of a registered aerodrome from compliance with the requirements of subregulation 139.185 (1), as they are applied to registered aerodromes by regulation 139.295.
The exemptions are subject to the conditions in Schedule 1 which include that an AWOS is installed at the aerodrome and that conditions regarding the nature and maintenance of the AWOS are met.
In the event that an AWOS or the weather information broadcast unit is unserviceable, the aerodrome operator must ensure that a Notice to Airmen (NOTAM) to that effect is issued and that the AWOS or unit is repaired as soon as reasonably possible. The aerodrome operator must also ensure that surface wind information is passed to pilots of aircraft approaching the runway by an approved observer who has a communication link with pilots through which timely information about surface wind can be clearly passed to pilots, or, alternatively, ensure that a NOTAM is issued to notify pilots that the straight-in instrument approach procedure minima are not available and that a circling approach is only available if the pilot is able to observe the aerodrome’s wind direction indicator before the final approach leg.
There are a number of current or recently expired exemptions granted by CASA that exempt aerodrome operators from compliance with subregulation 139.185 (1) of CASR 1998. It is anticipated that this general exemption will cause a reduction in exemptions sought by individual aerodrome operators to address this issue.
The exemption is consistent with the standards set out in paragraph 8.7.1.3 of the MOS as the MOS permits an alternative means of providing pilots with weather information in lieu of a wind direction indicator near the end of the runway.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. This exemption applies to a class of persons. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.
Consultation
Several aerodrome operators have requested an exemption from subregulation 139.185 (1) of CASR 1998 for the aerodrome that they operate in circumstances covered by this exemption. Rather than issue individual exemptions to those aerodrome operators, CASA has issued this general exemption to all operators of certified and registered aerodromes.
This instrument is beneficial to aerodrome operators, including those that have applied for an exemption, while preserving a level of aviation safety that is at least acceptable. It relieves aerodrome operators of the need to apply for, and pay fees associated with, individual exemptions for the aerodromes that they operate.
In these circumstances, CASA believes that no further consultation is necessary or appropriate.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Making and commencement
This exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day of registration. It expires at the end of 30 November 2016, as if it had been repealed by another instrument.
[Instrument number CASA 267/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Approval — means of providing surface wind information
Exemption — provision of a wind direction indicator
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This legislative instrument is a general exemption applying to any operator of a certified or registered aerodrome. It exempts the aerodrome operator from compliance with the requirement to have a wind direction indicator near the end or ends of a runway used in instrument non‑precision approach operations. The exemption is subject to conditions, in the interests of the safety of air navigation, including that an automatic weather observing system is installed at the aerodrome that provides surface wind information to pilots of aircraft approaching the runway, and that a suitable alternative means of providing surface wind information is available if the system is unserviceable.
The purpose of the instrument is to relieve aerodrome operators of the requirement for additional wind direction indicators in circumstances where a suitable means of providing surface wind information to pilots is in place.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority