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]
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing gaps in previous legislation to enhance air safety and efficiency. The Act empowers the Governor-General to make regulations concerning the safety of air navigation, including the designation of specific airspace areas where broadcast requirements must be met. The Civil Aviation Regulations 1988 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to designate airspace and specify broadcast requirements for aerodromes with certified air/ground radio services. This legislative framework was introduced to mitigate potential aircraft conflicts due to the increasing volume and mix of air traffic, ensuring that pilots receive critical information about traffic, weather, and aerodrome conditions, thereby enhancing overall aviation safety.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1988, provides the legislative framework for the regulation of aviation safety and operations within Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations concerning the safety of air navigation. Pursuant to this authority, the Civil Aviation Safety Authority (CASA) has designated specific airspace areas, including the Avalon Control Zone, where broadcast requirements apply to enhance aviation safety. This involves the mandatory broadcasting of certain information by pilots entering these designated areas, which is then managed by the Certified Air/Ground Radio Service (CA/GRS) operator. This instrument applies to all aircraft and pilots operating within the designated airspace, as well as to aerodrome operators required to provide a CA/GRS. The geographic reach of this regulation is national, given the jurisdiction of CASA over all aspects of civil aviation in Australia. The instrument does not exclude any specific entities or conduct but rather sets out clear operational requirements for aviation safety. The instrument is subject to the Legislative Instruments Act 2003, which mandates its tabling and disallowance in Parliament. The instrument became effective on 1 December 2008, following the necessary consultations with industry stakeholders.
Key Provisions
The Civil Aviation Regulations 1988, as amended by the legislation F2008L04530, designate specific airspace around the Avalon aerodrome as an area where broadcast requirements must be met. According to section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations concerning the safety of air navigation. Under this provision, the Civil Aviation Safety Authority (CASA) can specify areas where broadcast requirements are applicable and the radio frequencies to be used for these broadcasts, as outlined in paragraph 99A(3) of the Civil Aviation Regulations 1988. For the Avalon aerodrome, this designated area coincides with the Avalon Control Zone and the associated Control Areas, activated when the Control Tower is operational. On days when the Tower is not in operation, the Certified Air/Ground Radio Service (CA/GRS) will use the Avalon Common Traffic Advisory Frequency.
The obligations imposed by this legislation primarily concern the aerodrome operators and pilots. Aerodrome operators must ensure that the CA/GRS is operational when required, providing pilots with critical information about traffic, weather, and aerodrome conditions. Pilots, on the other hand, are required to broadcast specific information about their aircraft, position, altitude, and intentions upon entering the designated airspace. This includes broadcasting when taxiing for take-off, before entering the take-off runway, and when landing or flying through the area without landing. These obligations are designed to enhance air safety by ensuring that all relevant parties are informed about the movements and intentions of aircraft within the designated airspace.
Failure to comply with the broadcast requirements may result in safety risks, potentially leading to aircraft conflicts. While the regulations do not explicitly state penalties for non-compliance, breaches of aviation safety regulations can lead to enforcement actions by CASA. Such actions may include administrative penalties, fines, or in severe cases, suspension or revocation of the aerodrome operator’s license or the pilot’s license. The exact penalties would depend on the nature and severity of the breach, as well as the applicable aviation regulations and standards at the time of the offence.