Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Regulations 1988
Designation of airspace for broadcast requirements — aerodrome with certified air/ground radio services
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to the safety of air navigation. Paragraph 99A (1) (b) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may designate airspace within defined horizontal and vertical limits as an area in which broadcast requirements apply. Paragraph 99A (3) of CAR 1988 provides that CASA may give directions specifying the broadcast requirements that apply to those designated areas, and the radio frequencies on which such broadcasts must be made.
Under Part 139 of the Civil Aviation Safety Regulations 1998, CASA has previously established a legislative requirement that may require an aerodrome operator to provide a Certified Air/Ground Radio Service (CA/GRS). The requirement was established in 1999 stemming from concern about the potential for aircraft conflicts with the increasing volume and mix of air traffic at the aerodromes concerned. The CA/GRSs enhance air safety by providing pilots with relevant traffic, weather and pertinent aerodrome information, for all aircraft arriving, departing, or overflying the vicinity of the aerodrome at which the service is provided.
The pilot in command of an aircraft intending to land at the aerodrome or fly through the area without landing must, immediately upon entering the area, broadcast certain information about the aircraft including its callsign and type, its position and altitude and the pilot’s intentions. This information is then assessed by the CA/GRS operator and other aircraft that subsequently operate into the area are alerted by the CA/GRS operator by broadcasting the details of relevant aircraft.
Similarly, when taxiing for take-off from an aerodrome in a designated area, the pilot in command must broadcast information identifying the aircraft, aerodrome and runway, the intended destination or direction and if Instrument Flight Rules are to be used. Information identifying the aircraft and runway, and a statement of the pilot’s immediate intentions must be broadcast just before the aircraft enters the actual take-off runway. This provides the operator of the CA/GRS with information to pass to other possibly conflicting arriving or departing or overflying aircraft that subsequently come into the designated area, and whose pilots would not have heard the earlier aircraft broadcasts.
In this instrument, the designated area is identical to the area of the Avalon Control Zone and associated Control Areas activated when the Control Tower is operating. On days when the Tower is not operating, a CA/GRS will operate on the Avalon Common Traffic Advisory Frequency.
This instrument is necessary because defining the volume in which the CA/GRS will operate will reduce any confusion in the minds of pilots as to which frequency they should listen to and broadcast on.
Legislative Instruments Act 2003
Under subsections 5 (1) and (4) of the Legislative Instruments Act 2003 (the LIA), the designation is a legislative instrument. 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 not been necessary as this instrument simply preserves the present arrangements that were consulted on with the industry at large at the time that the CA/GRSs were initially proposed.
The instrument commences on 1 December 2008.
The instrument has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 629/08]