CASA 466/07 - Direction — stop bars

Overview

The Civil Aviation Regulations 1988 were amended in 2007 to introduce a direction concerning the use of stop bars at Melbourne Airport to enhance safety and efficiency in low visibility conditions. This amendment was introduced to address the gap in Australian regulations concerning compliance with International Civil Aviation Organization (ICAO) standards for stop bar operations, which are crucial for facilitating aircraft landings and take-offs during low visibility conditions and preventing aircraft from entering runways without Air Traffic Control clearance. The direction was issued by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988, with the aim of ensuring that aircraft operating in Australia adhere to international safety standards. This legislative instrument was subject to consultation with local airport users and the broader aviation community, as required by the Legislative Instruments Act 2003, and it came into effect on the day after its registration.

Scope and Application

The Civil Aviation Regulations 1988 Direction – Stop Bars applies to aircraft operating in Australia, specifically those engaging in Visual Flight Rules (VFR) and Instrument Flight Rules (IFR) flights, and mandates compliance with International Civil Aviation Organization (ICAO) standards for stop bar lighting to enhance safety during low visibility operations. This direction ensures that pilots must stop and hold at a lit stop bar until receiving appropriate verbal instructions from Air Traffic Control (ATC) before proceeding. The regulation is applicable nationally, as it is issued under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, with specific reference to Melbourne Airport as a pilot site for the implementation of stop bar lighting. The regulations do not explicitly state any exclusions or thresholds, but it is understood that compliance is necessary for all aircraft operating under VFR and IFR within Australian airspace. The scope of the direction is further extended and refined through subordinate instruments, subject to disallowance and parliamentary scrutiny under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Regulations 1988, specifically subregulation 99AA(5), mandate that the Civil Aviation Safety Authority (CASA) can issue directions or instructions regarding the use of certain airspaces and aerodromes by aircraft operating under Visual Flight Rules (VFR) or Instrument Flight Rules (IFR). This regulation aims to ensure safety in air navigation, in line with section 98(1) of the Civil Aviation Act 1988. One such direction pertains to the use of stop bar lighting, which is crucial for low visibility operations and is prescribed by the International Civil Aviation Organization (ICAO) Annex 14. This regulation is particularly relevant at Melbourne Airport, the first in Australia to install such lighting to facilitate operations under low visibility conditions and to prevent aircraft from inadvertently entering runways without proper clearance from Air Traffic Control (ATC). The primary obligation imposed by this direction is that pilots of aircraft must stop and hold at a lit stop bar, and only proceed when ATC gives the appropriate verbal instruction and switches off the stop bar. This requirement does not necessitate any special equipment in the aircraft but rather relies on the pilot's compliance with the stop bar operations as a standard practice. Although there are no existing regulations in Australia mandating compliance with stop bar operations, this direction ensures that aircraft operating within Australian airspace adhere to the ICAO standards, thereby enhancing safety and operational efficiency. Non-compliance with the stop bar direction could potentially lead to safety issues and operational disruptions, particularly in low visibility conditions. While the specific penalties for breaching these regulations are not explicitly stated in the provided text, general aviation regulations often include penalties for non-compliance, which may encompass administrative fines, suspension of flight privileges, or other punitive measures determined by CASA. These penalties are intended to enforce adherence to safety protocols and ensure the integrity of air navigation within Australia. According to the Legislative Instruments Act 2003 (LIA), the direction given by CASA is classified as a disallowable instrument under subregulation 99AA(6A) of the Civil Aviation Regulations 1988. This classification means that the direction is subject to parliamentary oversight, requiring it to be tabled and potentially disallowed by Parliament under sections 38 and 42 of the LIA. Furthermore, consultation has been conducted with local airport users and the broader aviation community in the Victoria/Tasmania region through the Regional Airspace and Procedures Advisory Committee (RAPAC), and the aviation industry has been notified via an Aeronautical Information Publication (AIP) Supplement and covering letter from Airservices Australia. This direction comes into effect on the day after its registration and has been issued by a delegate of CASA in accordance with subregulation 7(1) of CAR 1988.