Explanatory Statement
Civil Aviation Regulations 1988
Direction — all pilots operating at GAAP aerodromes
Legislation
Subregulation 92 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may, in relation to an aerodrome, issue directions relating to the safety of air navigation.
Subregulation 99AA (5) of CAR 1988 provides that CASA may give directions or instructions about the use of a class of airspace, a controlled aerodrome, a controlled area or a controlled zone to either, or both, of the following:
(a) aircraft engaged in I.F.R. flights;
(b) aircraft engaged in V.F.R flights.
Under subregulation 6 of CAR 99AA, a direction, instruction or particulars of a service must be given by means of a Civil Aviation Order (CAO) or published in AIP or NOTAMS.
Background
CASA recently undertook 2 reviews of General Aviation Aerodrome Procedures (GAAP) aerodromes. Taking into consideration the review findings and in the interests of aviation safety, the direction has been issued to all pilots operating at, into, and out of, GAAP aerodromes.
Instrument of direction
All pilots operating at, into, and out of, any of the aerodromes at Archerfield, Bankstown, Camden, Jandakot, Moorabbin and Parafield must request and obtain an Air Traffic Control (ATC) clearance before entering, crossing or taxiing along any runway at any of the GAAP aerodromes identified in the direction while ATC services are in operation at that aerodrome.
Legislative Instruments Act 2003 (LIA)
Under subregulation 6A of CAR 99AA, a direction that is not published in a CAO is a disallowable instrument. Under subparagraph 6 (d) (i) of the LIA, an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The direction is, therefore, a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Regulation Impact Statement
The Office of Best Practice Regulation does not require a Regulation Impact Statement because a preliminary assessment of the Business Compliance Costs indicates that the amendment will have only a low impact on business.
Consultation
Consultation under section 17 of the LIA has not been carried out because the instrument is required as a matter of urgency in the interest of aviation safety. However, during the review, GAAP stakeholders were consulted and notice of the intention to give the direction has been given.
The direction has been made by the Director of Aviation Safety in accordance with subregulations 92 (2) and 99AA (5) of CAR 1988.
[Instrument number CASA 330/09]
Overview
The Civil Aviation Regulations 1988, as amended by the F2009L02762 legislation, was introduced to address safety concerns specifically related to pilots operating at General Aviation Aerodrome Procedures (GAAP) aerodromes. Enacted under the authority of the Legislative Instruments Act 2003, this legislative instrument was developed in response to findings from recent reviews conducted by the Civil Aviation Safety Authority (CASA). The primary objective of this legislation is to enhance aviation safety by mandating that all pilots must request and obtain an Air Traffic Control (ATC) clearance before entering, crossing, or taxiing along any runway at designated GAAP aerodromes while ATC services are operational. This requirement is aimed at ensuring that all pilots adhere to stringent safety protocols, thereby reducing the risk of accidents and improving overall air navigation safety at these aerodromes. The legislation was enacted without formal consultation due to the urgency of the safety issues identified, although stakeholders were involved during the review process and informed of the intent to issue the direction.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) grant the Civil Aviation Safety Authority (CASA) the authority to issue safety-related directions concerning aerodromes and the use of controlled airspace. Specifically, under subregulation 92(2) of CAR 1988, CASA can issue directions regarding aerodrome safety, while subregulation 99AA(5) allows CASA to provide directions or instructions about controlled airspace, controlled aerodromes, controlled areas, or controlled zones to both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) aircraft. This authority extends to mandating that these directions must be conveyed via a Civil Aviation Order (CAO) or published in the Aeronautical Information Publication (AIP) or Notices to Air Missions (NOTAMS). The recent review of General Aviation Aerodrome Procedures (GAAP) aerodromes led CASA to issue a direction to all pilots operating at, into, and out of specified GAAP aerodromes to ensure aviation safety. The direction mandates that pilots obtain an Air Traffic Control (ATC) clearance before entering, crossing, or taxiing along any runway at Archerfield, Bankstown, Camden, Jandakot, Moorabbin, and Parafield aerodromes when ATC services are operational. This direction is a legislative instrument under the Legislative Instruments Act 2003 (LIA) and is subject to disallowance in Parliament. Although a Regulation Impact Statement was not required due to the low business compliance costs, consultation with GAAP stakeholders occurred during the review phase, and notice of the direction's intention was provided.
Key Provisions
Section 92(2) of the Civil Aviation Regulations 1988 (CAR 1988) and section 99AA(5) of CAR 1988 allow the Civil Aviation Safety Authority (CASA) to issue directions concerning the safety of air navigation at aerodromes and the use of certain airspaces, respectively. These provisions empower CASA to ensure that aviation safety is maintained by directing pilots on specific procedures to follow at designated aerodromes, which include both Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) flights. The direction issued to pilots at General Aviation Aerodrome Procedures (GAAP) aerodromes mandates that they must obtain an Air Traffic Control (ATC) clearance before entering, crossing, or taxiing along any runway when ATC services are operational. This requirement is specifically applicable to aerodromes at Archerfield, Bankstown, Camden, Jandakot, Moorabbin, and Parafield.
The obligations imposed by these directions on the parties governed by them are clear and precise. Pilots operating at the specified GAAP aerodromes must strictly adhere to the requirement of obtaining an ATC clearance before performing any of the mentioned actions on the runways. Failure to comply with this directive could potentially compromise aviation safety, thereby placing both the pilots and other air traffic at risk. The directions also stipulate that these must be communicated through a Civil Aviation Order (CAO) or published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMs), ensuring that all relevant parties are duly informed and aware of the safety measures in place.
Breaching these directions could have serious legal consequences. Under the Legislative Instruments Act 2003 (LIA), the direction is considered a legislative instrument that is subject to tabling and disallowance in Parliament. This means that if the direction is not approved, it can be annulled, which underscores the seriousness of compliance. The potential penalties for non-compliance with these directions are not explicitly stated in the text, but they are likely to include administrative fines or other enforcement actions that are consistent with aviation safety regulations. Non-compliance could also result in disciplinary actions against the pilots or their employers, further highlighting the critical importance of adhering to these safety directives.