CASA EX02/10 - Exemption - from provisions in Part 172 of CASR 1998

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide a comprehensive regulatory framework to ensure the safety of civil aviation within Australia, as authorised by the Civil Aviation Act 1988. This legislation addresses the need for a robust and detailed regulatory system to manage the safety and efficiency of air navigation services in Australia. The CASR 1998 outline specific requirements for air traffic service providers, including Airservices Australia, which is an approved provider subject to the regulations and the Manual of Standards (MOS) issued by the Civil Aviation Safety Authority (CASA). One of the key objectives of these regulations is to mandate adherence to safety standards, including those related to instrument approach and departure procedures, to maintain an acceptable level of safety in air navigation. CASA has the authority to issue exemptions from certain provisions of CASR 1998 if necessary for safety reasons, as long as any conditions imposed do not compromise safety. This flexibility allows for tailored approaches to meet specific operational needs while ensuring safety remains the paramount concern.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) outline provisions for the approval of air traffic service (ATS) providers, with Airservices Australia (AA) being a significant approved ATS provider subject to these regulations. Specifically, Part 172 of CASR 1998 mandates that ATS providers must comply with the Manual of Standards (MOS) issued by the Civil Aviation Safety Authority (CASA), which includes specific standards for air traffic controllers such as giving tracking instructions for standard instrument departures (SIDS) and ensuring air traffic clearances adhere to certain procedures. The exemption, F2010L00102, applies to AA and its controllers by exempting them from specific requirements outlined in paragraphs 12.2.1.2(a), 12.2.4.1(b), and 12.2.4.1(c) of MOS Part 172, particularly those concerning RNAV (RNP-AR) procedures. This exemption, made under the authority of the Civil Aviation Act 1988, aims to maintain an acceptable level of safety while allowing for operational flexibility in certain circumstances. The exemption is subject to renewal and ceases to have effect after two years unless otherwise specified.

Key Provisions

The main operative sections of the instrument pertain to the exemption from certain provisions of the Civil Aviation Safety Regulations 1998 (CASR 1998) for Airservices Australia (AA) and its controllers regarding RNAV (RNP-AR) approaches and departures. Specifically, the exemption is detailed in Schedule 1 and relates to subregulations 172.060(1) and 172.065(1)(a) of CASR 1998, as well as paragraphs 12.2.1.2(a), 12.2.4.1(b), and 12.2.4.1(c) of the Manual of Standards (MOS) Part 172. This exemption allows AA to operate under certain conditions that would otherwise be prohibited, such as not specifying tracking instructions for standard instrument departures (SIDS) where these have not been published and not issuing clearances that allow pilots to descend below the lowest safe altitude (LSALT) in Instrument Meteorological Conditions (I.M.C.) unless specified in certain procedures. The obligations imposed by the Act on AA and its controllers include adherence to the Manual of Standards (MOS) Part 172, which governs air traffic services. This includes maintaining an operations manual that complies with the MOS, ensuring that air traffic services align with the specified standards, and providing tracking instructions when necessary. Moreover, AA must comply with the requirements set forth in the Civil Aviation Regulations 1988 (CAR 1988), such as not flying below the published LSALT unless during an authorised instrument approach or departure procedure. However, the exemption allows AA to deviate from specific tracking instructions and clearance procedures outlined in the MOS, provided they adhere to the RNAV (RNP-AR) procedures. The instrument outlines potential consequences for non-compliance with the exempted provisions. While the specific offences and penalties are not detailed in the text, general penalties for breaches of CASR 1998 can include substantial fines and potential imprisonment. For instance, under subregulation 11.160(1), CASA may impose conditions on exemptions if necessary for the safety of air navigation, and failure to comply could lead to revocation of the exemption or other enforcement actions. Additionally, under the Legislative Instruments Act 2003, the exemption is subject to tabling and disallowance in Parliament, which means any non-compliance with the legislative requirements could result in parliamentary scrutiny and potential legislative action. The exemption, as detailed in Schedule 1, grants AA and its controllers relief from certain obligations under CASR 1998 and MOS Part 172. This includes not having to specify tracking instructions for SIDS where these are not published and not issuing clearances that allow pilots to descend below the LSALT in I.M.C. unless specified in certain procedures. This exemption is specifically tailored to RNAV (RNP-AR) approaches and departures, allowing AA to operate under conditions that would otherwise be restricted. This regulatory flexibility is intended to enhance operational efficiency while maintaining an acceptable level of safety, as it allows AA to use advanced navigation procedures that may not be covered by existing regulations.