EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
SUBREGULATION 174A (3)
PERMISSION FOR CERTAIN GLIDERS TO FLY UNDER THE V.F.R. WITHOUT A SECONDARY SURVEILLANCE RADAR TRANSPONDER
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 99AA (5) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions about the use of a class of airspace by aircraft engaged in flights under the Visual Flight Rules (V.F.R.) or the Instrument Flight Rules. CASA has given such directions in section 52.1 of the Civil Aviation Orders (the CAOs).
Paragraph 1.2 of section 52.1 of the CAOs provides that in Class A/RVSM airspace the essential RVSM equipment of an aircraft includes a secondary surveillance radar transponder (SSRT) that has an altitude-reporting system that can be switched to operate from either of two independent altitude measurement systems on board the aircraft.
However, subregulation 174A (3) of CAR 1988 provides that CASA may give permission for aircraft to be flown under the V.F.R. although not equipped with certain communications equipment, including SSRT equipment provided for under subregulation 174A (1).
Gliders do not normally fly in Class A airspace (which includes high altitude airspace) and they are not equipped with transponders because they do not have an adequate power source on board. Following an agreement with Airservices Australia (AA), the Canberra Gliding Club (CGC) proposes to conduct high altitude flights in Class A airspace. CASA has given its approval to this subject to conditions contained in instrument CASA 435/04.
The instrument therefore gives permission to pilots in command of gliders who are members of the Gliding Federation of Australia (GFA), and who operate from Bunyan Airfield, to fly without SSRT equipment for the purposes of those glider flights.
The permission is subject to compliance with certain conditions including conditions in the instrument of approval. These include adherence to the requirements of a Letter of Agreement about the flights between CGC and AA. The pilot in command must keep on his or her person, a copy of the Letter of Agreement during any flight and for a limited period before and after any flight. The pilot in command must also be a member of the GFA, have received and understood a briefing about the flights from the Chief Flying Instructor of the CGC, or his or her delegate, and carry and use a VHF radio to make broadcasts in accordance with regulation 99A of CAR 1988.
Regulation 5A of CAR 1988 provides that where CASA has issued a CAO, and subsequently gives a permission under CAR 1988 that affects anything in the CAO, the permission is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. The instrument is therefore disallowable because it affects the Class A airspace equipment requirements set out in paragraph 1.2 of section 52.1 of the CAOs.
The permission starts having effect on gazettal and stops having effect at the end of July 2006.
The instrument has been issued by the Acting Executive Manager, Aviation Safety Compliance, a delegate of CASA.
[Instrument Number: CASA 436/04]
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Regulations 1988 (CAR 1988) were introduced to implement the provisions of the Act, and the Civil Aviation Orders (CAOs) further detail operational requirements and procedures. In this context, subregulation 174A(3) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to grant permission for certain aircraft to fly under Visual Flight Rules (VFR) without a secondary surveillance radar transponder (SSRT), addressing specific operational needs while ensuring safety. The policy objective is to facilitate safe air navigation by allowing exceptions to standard equipment requirements where appropriate and justified, such as for gliders in high altitude flights.
Scope and Application
The Civil Aviation Regulations 1988, as amended by subregulation 174A(3), pertain to the operation of gliders within Class A airspace under Visual Flight Rules (VFR), specifically allowing them to fly without the mandatory secondary surveillance radar transponder (SSRT) equipment. This provision applies to pilots in command of gliders who are members of the Gliding Federation of Australia (GFA) and operate from Bunyan Airfield. The permissions granted are contingent on compliance with conditions outlined in the instrument of approval CASA 435/04, which includes adherence to a Letter of Agreement between the Canberra Gliding Club (CGC) and Airservices Australia (AA). Pilots must carry a copy of the Letter of Agreement during flights, be members of the GFA, have received a briefing from the Chief Flying Instructor of the CGC, and use a VHF radio for broadcasts as per regulation 99A of the Civil Aviation Regulations 1988. This exemption is effective from the date of gazettal and ceases at the end of July 2006. The instrument is a disallowable instrument under the Acts Interpretation Act 1901, as it modifies requirements set out in the Civil Aviation Orders regarding Class A airspace equipment.
Key Provisions
The Civil Aviation Regulations 1988, specifically under subregulation 174A(3), allow the Civil Aviation Safety Authority (CASA) to permit gliders to operate under Visual Flight Rules (VFR) in Class A airspace without the requirement for a secondary surveillance radar transponder (SSRT). This is primarily due to the fact that gliders typically do not fly in such high-altitude airspace and lack the necessary power sources for transponders. The Canberra Gliding Club (CGC) has proposed conducting high-altitude flights in Class A airspace in agreement with Airservices Australia (AA). CASA has approved this proposal, subject to specific conditions detailed in instrument CASA 435/04. This permission is specifically for pilots in command of gliders who are members of the Gliding Federation of Australia (GFA) and who operate from Bunyan Airfield.
The obligations imposed on the parties by the Act include adherence to the conditions specified in the approval instrument CASA 435/04. Pilots must possess a copy of the Letter of Agreement between CGC and AA during their flights and for a limited period before and after any flight. They must also be members of the GFA, have received a briefing from the Chief Flying Instructor of the CGC or their delegate, and use a VHF radio to make broadcasts in accordance with regulation 99A of the Civil Aviation Regulations 1988. These conditions are designed to ensure the safety and compliance of the flights in the high-altitude environment of Class A airspace.
Failure to comply with the conditions set forth in the instrument CASA 435/04 can lead to several consequences. Given that the permission is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, non-compliance could result in regulatory action by CASA. Although the specific penalties for breaching these conditions are not explicitly detailed in the provided text, it is reasonable to infer that penalties could include fines, suspension of flying privileges, or other administrative actions taken to ensure compliance with the Civil Aviation Act 1988 and related regulations. The permission granted under this instrument is effective from its gazettal and expires at the end of July 2006, highlighting the temporary nature of this specific regulatory allowance.