CASA 32/97 - Determination under paragraph 178(1)(b) of the Civil Aviation Regulations

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INSTRUMENT NUMBER:  CASA   32/97

 

 

CIVIL AVIATION ACT 1988

 

CIVIL AVIATION REGULATIONS

 

DETERMINATION

UNDER PARAGRAPH 178 (1) (b) OF THE

CIVIL AVIATION REGULATIONS

 

 

I, TERRY CHARLES ARTHUR WILSON, General Manager Flying Operations Branch, a delegate of the Civil Aviation Safety Authority, under paragraph 178 (1) (b) of the Civil Aviation Regulations:

 (a) revoke instrument number SRS 2/1992; and

 (b) determine that the method of calculating the lowest safe altitude for a route segment for which a lowest safe altitude has not been determined is the method set out in the Schedule.

 

 

[Signed T. Wilson]

 

 

Terry Wilson

General Manager

Flying Operations Branch

 

12 February 1997

__________________

 

SCHEDULE

 

Interpretation

1. In this Determination, unless the contrary intention appears:

“corrected highest terrain”, in relation to the effective area of a route segment, has the meaning given in section 4;

“effective area”, in relation to a route segment, has the meaning given in section 3;

“Grid LSALT” means the LSALT shown for a grid square on an En Route Chart (ERC) or Terminal Area Chart (TAC);

“LSALT” means lowest safe altitude;

“navigation tolerance area”, in relation to a route segment, is the area calculated in accordance with section 5.

 


Lowest safe altitudes

2.1 Subject to paragraph 2.2, if the LSALT for a route segment has not been determined under paragraph 178 (1) (a) of the Civil Aviation Regulations, the LSALT for the route segment is the highest of the following altitudes, rounded up (if necessary) to the next 100 feet:

 (a) 1,000 feet above the top of the highest reported obstacle in the effective area;

 (b) if an aeronautical topographical chart is used to calculate the lowest safe altitude—1,000 feet above the height of the corrected highest terrain in the effective area;

 (c) 1,500 feet above mean sea level.

 

2.2 If the LSALT for a route segment has not been determined under paragraph 178(1)(a) of the Civil Aviation Regulations and is to be determined by reference to Grid LSALTs, the LSALT for the route segment is the highest grid LSALT shown for the effective area.

 

Effective area—meaning

3.1 If the LSALT for a route segment is determined by reference to the Grid LSALTs shown on an ERC or TAC, the effective area of the route segment is the area of the earth’s surface represented by all the grid squares over which the navigation tolerance area determined in accordance with paragraph 5.1 is shown to extend wholly or in part.

 

3.2 If the LSALT for a route segment is determined by any other means, the effective area of the route segment is the area that comprises:

 (a) the navigation tolerance area of the route segment, determined in accordance with paragraph 5.2; and

 (b) a 5-mile wide area surrounding the navigation tolerance area.

 

Calculating the height of the corrected highest terrain

4.1 The height of the corrected highest terrain in the effective area of a route segment is the higher of the following:

 (a) the highest spot height in the effective area plus 360 feet;

 (b) the height of the highest contour in the effective area as shown on an aeronautical topographical chart  plus the height equal to the height between 2 successive contours as shown on the chart plus 360 feet.

 

Calculating the navigation tolerance area:

5.1 If the LSALT for a route segment is determined by reference to Grid LSALTs, the navigation tolerance area of the route segment is the area of the earth’s surface ascertained by applying on either side of the planned track the navigation error allowance appropriate to the navigation aids, system or method used for the navigation of the aircraft.

 


5.2 If paragraph 5.1 does not apply, the navigation tolerance area of a route segment is the area of the earth’s surface bounded by 2 imaginary lines that:

 (a) start at the beginning of the route segment and diverge, one on each side, from the planned track:

 (i) if a navigation aid is used at the beginning of the route segment—at an angle of 10.3; and

 (ii) if a navigation aid is not used at the beginning of the route segment—at an angle of 15; and

 (b) if an area navigation system is being used—continue until:

 (i) each line reaches a point abeam the end of the route segment; or

 (ii) each line reaches a point 30 miles abeam the planned track; or

 (iii) each line reaches a point in the rated coverage area of the navigation aid at the end of the route segment from which a straight line drawn to the end of the route segment would converge with the planned track at an angle of not less than 10.3;

  whichever happens first; and

 (c) if an area navigation system is not being used—continue until:

 (i) each line reaches a point abeam the end of the route segment; or

 (ii) each line reaches a point 50 miles abeam the planned track; or

 (iii) each line reaches a point in the rated coverage area of the navigation aid at the end of the route segment from which a straight line drawn to the end of the route segment would converge with the planned track at an angle of not less than 10.3;

  whichever happens first; and

 (d) if the lines first reach the points abeam the planned track and a navigation aid is used at the end of the route segment—continue parallel to the planned track until each line reaches a point in the rated coverage area of the navigation aid at the end of the route segment from which a straight line drawn to the end of the route segment would converge with the planned track at an angle of not less than 10.3, and then go straight to the end of the route segment; and

 (e) if the lines first reach the points abeam the planned track and a navigation aid is not used at the end of the route segment—continue parallel to the planned track until each line reaches a point abeam the end of the route segment, and then converge to form a semicircle, centred on the end of the route segment, with a radius of 30 miles or 50 miles, as the case requires; and

 (f) if the lines first reach the points abeam the end of the route segment—converge from those points to form a semicircle, centred on the end of the route segment, with a radius equal to the distance between those points and the end of the route segment.

 

5.3 If the route segment is served by a VOR, the rated coverage of the VOR, for the purposes of subparagraphs 5.2(b), (c) and (d) is taken to be 60 miles, or the coverage published in ERSA for the route segment, whichever is less.

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as the foundational legal framework governing civil aviation in Australia. The Act aims to ensure the safety, efficiency, and orderly development of civil aviation. One of its critical components is the Civil Aviation Regulations, which are periodically updated to address emerging challenges and incorporate new technologies. The 1997 determination under paragraph 178(1)(b) of the Civil Aviation Regulations, made by the Civil Aviation Safety Authority (CASA), sought to address a specific gap in the regulation of the lowest safe altitudes (LSALT) for route segments. By revoking an outdated instrument and introducing a new method for calculating the LSALT, the policy objective was to enhance aviation safety by providing clear and updated guidelines for determining safe altitudes, thus mitigating risks associated with inadequate altitude determinations.

Scope and Application

The Civil Aviation Regulations Determination sets out specific provisions for calculating the lowest safe altitude (LSALT) for route segments, which applies to the aviation industry and relevant stakeholders such as aircraft operators, air traffic controllers, and pilots. The scope of this legislation is national, as it is issued by the Civil Aviation Safety Authority (CASA), which is the national regulator for civil aviation in Australia. The Determination does not explicitly state any exclusions, exemptions, or thresholds, but it does specify the method of calculating the LSALT for route segments where such an altitude has not been previously determined. This Determination extends the application of the Civil Aviation Regulations by providing a detailed method for calculating the lowest safe altitude in certain circumstances, which may be further elaborated upon through subordinate instruments.

Key Provisions

The main operative sections of this legislation determine the method of calculating the lowest safe altitude (LSALT) for a route segment in civil aviation, as specified in the Schedule. Section 2.1 sets out the method for calculating the LSALT when it has not been determined under another provision of the Civil Aviation Regulations (section 178(1)(a)). This method involves taking the highest of three altitudes: 1,000 feet above the highest reported obstacle in the effective area, 1,000 feet above the corrected highest terrain in the effective area (if using an aeronautical topographical chart), or 1,500 feet above mean sea level. Section 2.2 specifies that when determining the LSALT by reference to Grid LSALTs shown on En Route Charts (ERC) or Terminal Area Charts (TAC), the LSALT for the route segment is the highest Grid LSALT shown for the effective area. The obligations imposed by this Act require aviation authorities and operators to adhere to the specified method of calculating the LSALT for route segments. This includes determining the effective area of a route segment and calculating the height of the corrected highest terrain within that area, as outlined in sections 3 and 4 of the Schedule. Operators must ensure that their flight operations comply with the determined LSALT for their intended route segments to ensure safety. Breaches of the provisions set out in this legislation could lead to various civil and criminal consequences. While the specific penalties are not detailed in the text, under the Civil Aviation Act 1988, breaches of civil aviation regulations can result in penalties such as fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, and would be determined by the relevant authorities in accordance with the Act.

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