Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — electronic surveillance equipment fitted to vehicles
Purpose
The purpose of this instrument is to exempt Advanced Surface Movement Guidance and Control System (A-SMGCS) aerodromes that have suitable systems and procedures for electronic surveillance of vehicles on the aerodrome’s manoeuvring area from the requirement that the electronic surveillance equipment meets the technical standards in the Manual of Standards (MOS) – Part 139 Aerodromes (the MOS).
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the safety of air navigation.
Aerodromes to which A-SMGCS applies
Under subregulation 139.252 (1) of the Civil Aviation Safety Regulations 1998 (CASR), CASA may designate a certified aerodrome as an aerodrome to which A‑SMGCS applies.
Regulation 139.254 of CASR applies to an aerodrome that is designated as an aerodrome to which A-SMGCS applies. Under subregulation 139.254 (2), the operator of the aerodrome commits an offence if the operator does not, before the designation takes effect, establish the procedures mentioned in subregulations 139.254 (3) and (4) and publish the procedures in its aerodrome manual.
Under paragraph 139.254 (3) (a), the procedures must require any vehicle that enters, or moves on, the aerodrome’s manoeuvring area to be fitted with serviceable electronic surveillance equipment that meets the technical standards for the equipment published in the MOS and serviceable radiocommunications equipment capable of maintaining two-way communication with air traffic control (ATC) (or be accompanied by another vehicle that meets that requirement).
Under subregulation 139.254 (4), the procedures must require the driver of a vehicle that is fitted with the equipment mentioned in paragraph 139.254 (3) (a) to monitor the ATC radio frequency for surface traffic at all times that the vehicle is on the aerodrome’s manoeuvring area and to communicate with ATC as necessary to ensure the safety of persons, vehicles and aircraft on the manoeuvring area.
Under subregulation 139.254 (5), the aerodrome operator commits an offence if it does not comply with those procedures or fails to ensure that operators and drivers of vehicles comply with those procedures.
Paragraph 10.9.4 of the MOS sets out technical standards for electronic surveillance equipment fitted to vehicles. For example, it includes technical standards for vehicle identification, navigation integrity and accuracy, transmit power and frequency, operating temperature and input power.
Exemptions
Under subregulation 11.160 (1) of CASR, CASA may grant an exemption from compliance with a provision of CASR. Under subregulation 11.160 (3) of CASR, CASA may grant an exemption of its own initiative. Under subregulation 11.170 (3), in deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of aviation safety.
Under regulation 11.225 of CASR, an exemption must be published on the Internet. Under subregulation 11.230 (1) of CASR, the maximum duration of an exemption is 3 years.
Background
Brisbane, Sydney, Melbourne and Perth aerodromes have been designated as an aerodrome to which A-SMGCS applies. In the case of Perth aerodrome, the designation has not yet taken effect and is expected to do so later in 2017.
The 4 aerodromes use either Saab Sensis VeeLo NextGen (VeeLo) or ERA a.s. SQUID (SQUID) as the electronic surveillance equipment for vehicles at the aerodrome. Neither of these systems is fully compliant with the technical standards in the MOS, but the systems have been found to be compatible with the A-SMGCS in use at the aerodromes.
Instrument
The instrument applies to the aerodrome operator of an aerodrome that is designated as an aerodrome to which A-SMGCS applies if specified requirements are met. Those requirements include that the A-SMGCS at the aerodrome uses surface movement radar or a multilateration system as the primary source of position information about activities within the runway strip of the aerodrome.
The instrument also only applies if the aerodrome operator complies with regulation 139.254 of CASR as if it required the electronic surveillance equipment fitted to vehicles to be either VeeLo or SQUID, instead of equipment that meets the technical standards for the equipment published in the MOS.
Section 4 of the instrument exempts the aerodrome operator from compliance with regulation 139.254 of CASR to the extent that it requires the procedures for the electronic surveillance equipment for vehicles to comply with the technical standards in the MOS.
The effect of these provisions is that the aerodrome operator may use either VeeLo or SQUID, instead of electronic surveillance equipment that complies with the technical standards in the MOS. Under subparagraph 139.254 (3) (a) (ii), the aerodrome operator continues to be required to have procedures that require vehicles on the aerodrome manoeuvring area to be fitted with serviceable radiocommunications equipment capable of maintaining two-way communication with ATC. Under subregulation 139.254 (4) of CASR, although the equipment fitted to a vehicle does not comply with the technical standards for the equipment published in the MOS, the procedures must require the driver of a vehicle to monitor the ATC radio frequency for surface traffic at all times that the vehicle is on the aerodrome’s manoeuvring area and to communicate with ATC as necessary to ensure the safety of persons, vehicles and aircraft on the manoeuvring area.
Similarly, the aerodrome operator must comply with those procedures, as modified to allow for use of VeeLo or SQUID instead of electronic surveillance equipment that complies with the technical standards in the MOS, and ensure that operators and drivers of vehicles comply with those procedures.
Legislation Act 2003 (the LA)
Exemptions issued under regulation 11.160 of CASR are issued under subsection 98 (5A) of the Act. Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to a class of persons, being aerodrome operators of aerodromes that CASA has designated to be aerodromes to which A-SMGCS applies. Consequently, the instrument is a legislative instrument and, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
CASA has undertaken consultation under section 17 of the LA for this instrument.
CASA has consulted with Airservices Australia (AA), which provides ATC services at each of the affected aerodromes.
CASA has consulted with the supplier of the SQUID. CASA has not consulted with the maker of the VeeLo as CASA provided written authorisation to AA for the use of that equipment before the relevant MOS standard was made.
CASA has informed the aerodrome operators of Brisbane, Melbourne, Perth and Sydney aerodromes about the exemption. The exemption allows the continued use of the existing systems and equipment for electronic surveillance of vehicles at those aerodromes. The aerodrome operators support the proposed exemption.
The instrument beneficially exempts aerodrome operators from certain requirements, provided compensating safety requirements are met. In this situation, CASA is of the view that further consultation is not necessary or appropriate.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at attachment 1.
Commencement and making
The instrument commences on the day of registration and is repealed at the end of 31 January 2020.
The exemption has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX02/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — electronic surveillance equipment fitted to vehicles
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
This legislative instrument exempts the aerodrome operator of aerodromes with suitable systems and procedures for electronic surveillance of vehicles on the aerodrome’s manoeuvring area from the requirement that the electronic surveillance equipment meets the technical standards in the Manual of Standards (MOS) – Part 139 Aerodromes.
It is CASA’s view that the alternative systems of electronic surveillance equipment provide a level of aviation safety that is acceptable.
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