CASA 70/17 - Direction — stop bars

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2017L00954 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Direction — stop bars

Purpose

The instrument will replace an existing instrument that directs aircraft taxiing on the manoeuvring area of an aerodrome to stop and hold at all lighted stop bars and to proceed further only when the lights are switched off. The new instrument adds a mechanism for the pilot to pass an illuminated stop bar that remains illuminated due to a malfunction in accordance with contingency measures implemented by Airservices Australia (AA) as an air traffic control (ATC) service provider.

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Safety Regulations 1998 (CASR) and Civil Aviation Regulations 1988 (CAR).

 

Under subregulation 99AA (5) of CAR, CASA may give directions or instructions about the use of a class of airspace, a controlled aerodrome, a control area or a control zone by an aircraft engaged in either, or both, V.F.R. and I.F.R. flights.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Background

Stop bar lighting is prescribed in International Civil Aviation Organization (ICAO) Annex 14 for low-visibility operations. The installation of stop bars, together with other new facilities, allows landings and take‑offs to take place in low-visibility conditions where extensive delays would otherwise occur. In addition to facilitating low-visibility operations, stop bars are considered a valuable defence against aircraft inadvertently entering a runway without ATC clearance.

 

Stop bar operations require no special equipment in aircraft but merely require the pilot of an aircraft to stop and hold at an illuminated stop bar and to only proceed when ATC gives the appropriate verbal instruction and switches off the stop bar.

 

There are no regulations requiring compliance with stop bar operations in Australia. Instrument CASA 466/07 was made in 2007 to ensure that aircraft operating in Australia comply with the ICAO standard by directing pilots not to pass illuminated stop bars.

 

From time to time, however, stop bars malfunction and in this situation are designed to remain in the illuminated position to avoid aircraft entering runways without clearance. Where a malfunction persists for a significant period, instrument CASA 466/07 required ATC to manage aerodrome operations without use of the holding point at which the malfunctioning stop bar was located.

 

AA, as an ATC service provider, has developed contingency measures that enable its air traffic controllers to direct aircraft to pass an illuminated stop bar without compromising safety.

 

Instrument

In accordance with subsection 33 (3) of the Acts Interpretation Act 1901, the instrument repeals instrument CASA 466/07. For subregulation 99AA (5) of CAR, the instrument restates the direction not to pass an illuminated stop bar at a controlled aerodrome and also adds a direction allowing a pilot to pass an illuminated stop bar in the circumstances mentioned in the instrument.

 

To pass an illuminated stop bar, a pilot must be advised by ATC that ATS stop bar contingency measures are in effect in relation to the stop bar. “ATS stop bar contingency measures” is not defined and is intended to be a phrase for effective communication between ATC and the pilot. However, the direction does not direct that precise phrase to be used.

 

The pilot must also be instructed by ATC to pass the illuminated stop bar, and the ATC instruction must identify the particular stop bar by reference to the aerodrome holding point at which the stop bar is located.

 

Before any use of contingency measures under this instrument, CASA will require AA to incorporate the ATS stop bar contingency measures into its operations manual. AA must comply with its operations manual under regulation 172.080 of CASR. CASA monitors AA’s operations manual as part of its safety surveillance program.

 

CASA is satisfied that the provision for contingency measures is appropriate to safely enable efficient operations at an aerodrome, will reduce workload on pilots and air traffic controllers when a malfunctioning stop bar would otherwise preclude use of an aerodrome holding point, and is consistent with international practice.

 

Legislation Act 2003 (the LA)

Paragraph 98 (5A) (a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation or the maintenance of aircraft. Additionally, paragraph 98 (5AA) (a) of the Act provides that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument for the LA if the instrument is expressed to apply in relation to a class of persons.

 

The instrument gives directions to a class of persons, being pilots of aircraft. The instrument is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

The direction not to pass a stop bar that is illuminated reflects the ICAO standard in Annex 2 of the Convention on International Civil Aviation and in the legislative requirements of most countries.

 

CASA conducted consultation under section 17 of the LA in relation to the original direction not to pass a stop bar that is illuminated (CASA 466/07). Melbourne Airport consulted with local airport users and the broader aviation community in the Victoria/Tasmania region via the Regional Airspace and Procedures Advisory Committee. AA also notified the aviation industry via an Aeronautical Information Publication (AIP) Supplement and covering letter. The requirement to stop and hold short of a lit stop bar has been incorporated in the AIP since 2007.

 

The direction replicates the direction in CASA 466/07 and adds measures in which an illuminated stop bar may be passed if the stop bar is malfunctioning. CASA has consulted with AA in relation to the instrument and the contingency measures that AA will implement in support of the instrument. The aviation industry will be notified about the new stop bar arrangements via an AIP Supplement.

 

In these circumstances, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required in this case, as the direction is covered by a standing agreement between CASA and OBPR under which a RIS is not required for directions (OBPR id: 14507).

 

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights as it does not raise any human rights issues.

 

Making and commencement

The direction has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR.

 

The instrument comes into effect on 15 August 2017 and does not state a repeal date. The direction will endure until repealed by separate instrument or other operation of law.

 

[Instrument number CASA 70/17]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Direction — stop bars

 

This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The instrument will replace an existing instrument that directs aircraft taxiing on the manoeuvring area of an aerodrome to stop and hold at all lighted stop bars and to proceed further only when the lights are switched off. The new instrument adds a mechanism for the pilot to pass a stop bar that remains illuminated due to a malfunction in accordance with contingency measures implemented by Airservices Australia as an air traffic control service provider.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Civil Aviation Safety Authority

Overview

The Civil Aviation (Stop Bars) Direction 2017, enacted in 2017, addresses a gap in the existing regulations concerning aircraft operations at aerodromes, specifically the handling of illuminated stop bars, which are critical for ensuring safe aircraft movements in low-visibility conditions. The instrument was created under the authority of the Civil Aviation Act 1988, empowering the Civil Aviation Safety Authority (CASA) to issue such directions for the safety of air navigation. The policy objective is to ensure the safe and efficient operation of aircraft by providing clear guidance on how pilots should handle stop bars, including provisions for when stop bars malfunction. This direction aims to maintain safety standards while also allowing for contingency measures to be implemented when necessary, reducing potential operational delays at aerodromes. The instrument replaces the previous Civil Aviation Safety Authority (CASA) Direction No. 466/07, which required aircraft to stop and hold at all illuminated stop bars, with a new direction that includes a mechanism for pilots to pass an illuminated stop bar if it is malfunctioning, in accordance with contingency measures provided by Airservices Australia. This addition aims to enhance operational flexibility and efficiency while maintaining the highest safety standards. The instrument is subject to tabling and disallowance in the Parliament under the Legislation Act 2003, ensuring it meets legislative scrutiny and oversight.

Scope and Application

The Civil Aviation Regulations 1988 Direction—stop bars applies specifically to pilots of aircraft who are required to comply with the directive regarding stop bars at controlled aerodromes. This regulation is part of a broader legislative framework under the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. The instrument, which was issued under the Civil Aviation Safety Regulations 1998, ensures that aircraft operating in Australia adhere to the International Civil Aviation Organization (ICAO) standards for low-visibility operations by directing pilots not to pass illuminated stop bars unless specific contingency measures are in effect due to a malfunction. The instrument applies to the entire Commonwealth of Australia and is subject to tabling and disallowance in Parliament under the Legislation Act 2003. The Civil Aviation Safety Authority (CASA) has developed these measures in consultation with Airservices Australia, an air traffic control service provider, to ensure the safety and efficiency of aerodrome operations. The instrument does not include specific exclusions or thresholds but requires Airservices Australia to implement and monitor the contingency measures through its operations manual, which is subject to CASA’s safety surveillance program.

Key Provisions

The Civil Aviation Regulations 1988 (CAR) include a directive that aircraft taxiing on the manoeuvring area of an aerodrome must stop and hold at all lighted stop bars, only proceeding when the lights are switched off (subregulation 99AA(5)). This requirement ensures that aircraft do not inadvertently enter a runway without air traffic control (ATC) clearance, thus maintaining safety during low-visibility operations. In addition to this, the new instrument allows pilots to pass a stop bar that remains illuminated due to a malfunction, provided certain conditions are met. The new provisions replace the previous instrument CASA 466/07, which only mandated stopping at illuminated stop bars without providing a mechanism for passing them in case of malfunction. Airservices Australia (AA), as an ATC service provider, has an obligation to implement and adhere to the contingency measures that enable pilots to pass illuminated stop bars when they remain lit due to malfunctions. These measures must be incorporated into AA's operations manual and must comply with regulation 172.080 of the Civil Aviation Safety Regulations 1998 (CASR). Furthermore, the Civil Aviation Safety Authority (CASA) is responsible for monitoring AA’s compliance with its operations manual as part of its safety surveillance program. Pilots, on the other hand, must follow the instructions given by ATC and ensure they only pass an illuminated stop bar when ATC has confirmed that ATS stop bar contingency measures are in effect and has specifically instructed them to do so. Failure to comply with the requirements of the Civil Aviation Regulations 1988 could result in various civil and criminal consequences. Although the specific penalties are not outlined in the explanatory statement, contravention of regulations under the Civil Aviation Act 1988 can result in fines and imprisonment. For instance, under section 234 of the Civil Aviation Act 1988, a person who contravenes a regulation can be fined up to $22,200 for an individual and $111,000 for a body corporate, or imprisonment for up to two years, or both. Additionally, the Director of Civil Aviation Safety can issue a direction to a pilot or an aircraft operator to cease the non-compliant activity, and further breaches may result in more severe penalties. The instrument, which was made under the authority of the Civil Aviation Act 1988 and the Acts Interpretation Act 1901, is a legislative instrument and is subject to tabling and disallowance in the Parliament. The instrument came into effect on 15 August 2017 and does not specify a repeal date. Its provisions will remain in effect until repealed by a separate instrument or another operation of law. This legislative instrument does not engage any of the applicable rights or freedoms and is compatible with human rights, as it does not raise any human rights issues, as confirmed by the Statement of Compatibility with Human Rights.

Legal classification tags

Area of Law
Civil Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.