Explanatory Statement
Civil Aviation Regulations 1988
Instructions — minimum runway width for aeroplanes
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 235A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions specifying the minimum runway width applicable to an aeroplane or a type of aeroplane.
On 2 December 2010, CASA issued CASA Regulatory Policy DAS-PN014-2010 entitled Manual of Standards Part 139 – Runway Width – CAR 235A Minimum Runway Width which stated that runway width standards contained in the Manual of Standards (MOS) for Part 139 of the Civil Aviation Safety Regulations 1998 (CASR 1998) will be applied from 1 June 2011. This policy was issued to ensure runway width standards applied by Australia are generally consistent with International Civil Aviation Organization (ICAO) recommended practices.
Australia has adopted the ICAO methodology of using a code system, known as the aerodrome reference code, to specify the standards for individual aerodrome facilities which are suitable for use by aeroplanes within a range of performances and sizes. This has been published in MOS Part 139 — Aerodromes.
CASA had been authorising operations from runways narrower than the MOS standard, partly on the basis of United States Federal Aviation Administration (FAA) standards. The reference to FAA Advisory Circulars has been removed from the new instructions. With the exception of this change, the instrument is similar of previous instructions.
Legislative Instruments Act
Under paragraph 5 of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument if it is of a legislative character and was made in the exercise of a power delegated by the Parliament and determines the law or alters the content of the law. The instructions meet all the above requirements. The instrument is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has been undertaken with industry.
Project AS 11/15 has provided a forum to discuss the removal of the FAA Airport Design runway width criteria from the CASA Instructions issued under CAR 1988-235A-Minimum runway width. Meetings have occurred with the Working Group members on 21 July and 6 December 2011. CASA has advised the Working Group of the intent to remove the FAA guidance. Agreement to remove the FAA guidance has been achieved.
CASA Project AS 11/15 Leaders briefed in the Australian Airports Association at technical workshops in November 2011 of the intent to replace the existing CASA Instructions on minimum runway width without reference to the FAA Airport Design runway width criteria.
The instrument replaces instrument CASA 204/11 which expires at the end of February 2012.
Office of Best Practice Regulation
The Office of Best Practice Regulation has assessed the impacts of the proposed changes as minor and determined that a Regulation Impact Statement was not required.
Human Rights Compatibility Statement
This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Making and commencement
The instrument commences on 1 March 2012.
The instructions have been issued by a delegate of CASA appointed under regulation 11.260 of CASR 1998.
[Instrument number CASA 61/12]
Overview
The Civil Aviation Regulations 1988 were enacted to regulate the safety of air navigation in Australia, providing a legislative framework for the oversight of civil aviation. These regulations were developed to address gaps in safety and operational standards within the civil aviation sector. The Civil Aviation Act 1988 authorised the Governor-General to make regulations for the Act, and under subsection 98(1), the Civil Aviation Safety Authority (CASA) was empowered to issue instructions specifying the minimum runway width applicable to aeroplanes. This legislative framework was intended to ensure that Australian aviation safety standards align with international practices, particularly those recommended by the International Civil Aviation Organization (ICAO). The Civil Aviation Regulations 1988 were enacted by the Parliament of Australia, aiming to enhance the safety and efficiency of civil aviation operations within the country.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the instructions issued by the Civil Aviation Safety Authority (CASA) under section 98(1) of the Civil Aviation Act 1988, establish minimum runway width standards for aeroplanes operating within Australia. These instructions, effective from 1 March 2012, specify the minimum runway width applicable to aeroplanes or types of aeroplanes and are designed to align with International Civil Aviation Organization (ICAO) recommended practices. The instructions apply to all entities and persons involved in the operation of aeroplanes in Australia, including airlines, airports, and air traffic control services, ensuring that runway standards are uniformly applied across the aviation industry. The regulations cover the entire national airspace, extending to all states, territories, and regions within Australia. Notably, these instructions replace previous CASA Instructions that referenced United States Federal Aviation Administration (FAA) standards, aligning Australian practices more closely with international benchmarks. This legislative instrument is subject to the requirements of the Legislative Instruments Act 2003, including tabling and disallowance provisions, and has undergone consultation with industry stakeholders to facilitate its development and implementation.
Key Provisions
The Civil Aviation Regulations 1988, as amended by the instrument F2012L00453, contain specific provisions regarding the minimum runway width for aeroplanes, particularly under subregulation 235A(1). This regulation empowers the Civil Aviation Safety Authority (CASA) to issue instructions that specify the minimum runway width for aeroplanes or certain types of aeroplanes. The primary aim of these instructions, as stated in CASA Regulatory Policy DAS-PN014-2010, is to align Australia’s runway width standards with the International Civil Aviation Organization (ICAO) recommended practices, ensuring safety and consistency in air navigation.
These instructions mandate that the minimum runway width standards be adhered to, as outlined in the Manual of Standards (MOS) for Part 139 of the Civil Aviation Safety Regulations 1998. The regulations utilise an aerodrome reference code system, which is also adopted by ICAO, to determine the appropriate standards for individual aerodrome facilities based on the performance and size of aeroplanes. This shift to ICAO standards was implemented from 1 June 2011, as detailed in the CASA policy document. The instructions also remove references to United States Federal Aviation Administration (FAA) standards, thereby ensuring that all operational standards are uniformly aligned with ICAO guidelines.
The obligations imposed by these instructions are clear and specific. Any party or entity operating an aeroplane must ensure that the runways used comply with the specified minimum width standards. This includes adherence to the aerodrome reference code system and the guidelines provided in MOS Part 139. Failure to comply with these standards could potentially compromise the safety of air navigation, leading to severe consequences.
The consequences for non-compliance with these instructions are significant. While the specific penalties for breaches are not detailed within the text, the overarching framework under which these instructions operate suggests that penalties could include fines, suspension of operational permits, or other regulatory actions. Such measures are designed to ensure strict adherence to the safety standards outlined in the Civil Aviation Regulations 1988, thereby safeguarding the integrity of air navigation and the safety of all involved.