CASA 329/09 - Directions - Airservices Australia

Overview

The Civil Aviation Safety Regulations 1998, as amended by F2009L02759, address issues concerning the safe navigation and operation of aircraft within Australian airspace. Enacted by the Australian Government under the authority of the Civil Aviation Act 1988, this legislation empowers the Civil Aviation Safety Authority (CASA) to issue specific directions to ensure aviation safety. The urgency and necessity of these directions stem from recent reviews of General Aviation Aerodrome Procedures (GAAP) aerodromes, which identified areas requiring immediate attention. The primary objective of these directions is to enhance aviation safety by mandating Airservices Australia to provide appropriate air traffic services at designated aerodromes and ensuring that air traffic controllers respond promptly to pilot requests. These measures aim to maintain a safe operating environment for aircraft, particularly during critical phases of flight such as takeoff, landing, and taxiing.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the Civil Aviation Safety Authority (CASA) with the authority to issue directions concerning matters that affect the safe navigation, operation, or maintenance of aircraft, as stipulated under subsection 11.245(1). These directions apply to Airservices Australia, which must ensure the provision of appropriate Air Traffic Services (ATS) at specified General Aviation Aerodrome Procedures (GAAP) aerodromes by certain deadlines. The directions also mandate that Airservices Australia submit an implementation plan to CASA detailing how these services will be provided and require regular progress updates. Furthermore, Air Traffic Controllers (ATC) are directed to respond to pilot requests for clearance to enter, cross, or taxi along any runway at GAAP aerodromes, while maintaining a maximum of six aeroplanes in the circuit at any given time, with exceptions for gliders and aeroplanes towing gliders at Camden aerodrome. These regulations are applicable nationally and are enforced under the Civil Aviation Act 1988, with any contraventions constituting a strict liability offence under CASR 11.255. The legislative instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) allow the Civil Aviation Safety Authority (CASA) to issue directions under section 11.245 for matters affecting the safe navigation, operation, or maintenance of aircraft. These directions, as outlined in subregulation 11.245(2) of the CASR 1998, must be reasonably necessary for safety, consistent with the Civil Aviation Act 1988, and aligned with CASA's functions. Furthermore, any direction issued can be in force for no longer than one year, as stipulated in regulation 11.250 of the CASR 1998. The power to issue such directions is vested in the Director of CASA, as per subregulation 11.260(2) of the CASR 1998. Contravening these directions is considered a strict liability offence under CASR 11.255. The obligations imposed by these directions are significant for Airservices Australia, which is mandated to provide Air Traffic Services (ATS) appropriate for Class D airspace at each aerodrome by 21 April 2010, as well as ensuring ATS are available daily during daylight hours without any reduction from current hours of darkness. Airservices must also submit an implementation plan to CASA by 21 August 2009, detailing how these requirements will be met. Additionally, Air Traffic Controllers (ATC) are obligated to respond to any requests from pilots for clearance to enter, cross, or taxi along any runway at any General Aviation Aerodrome Procedures (GAAP) aerodromes, effective from 21 July 2009. Airservices must also ensure that the maximum number of aeroplanes in the circuit on one runway, controlled by an ATC, does not exceed six, with an additional departure being permissible at the discretion of the controlling ATS after considering safety factors. Gliders and aeroplanes towing gliders are exempt from this limitation when using the glider launch and landing areas at Camden aerodrome. The consequences for non-compliance with these directions are severe. Under CASR 11.255, any contravention of a direction is a strict liability offence, meaning that the burden of proof does not lie with the accused. This implies that penalties can be imposed regardless of intent or negligence. The exact penalties are not detailed in the provided text, but strict liability offences typically carry significant fines and possibly imprisonment, depending on the severity and impact of the breach on aviation safety. The directions, being legislative instruments under the Legislative Instruments Act 2003, are subject to tabling and disallowance in Parliament, further underscoring the gravity of their enforcement.