CASA EX05/13 - Exemption - use of ADS B for the provision of air traffic services

Overview

The Civil Aviation Safety Regulations 1998, amended by F2013L00061, address the need for flexibility in the application of safety regulations, particularly concerning the use of Automatic Dependent Surveillance-Broadcast (ADS-B) technology for air traffic services. Enacted by the Parliament of Australia, this legislation allows the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulatory requirements, ensuring that the overarching goal of maintaining an acceptable level of safety is not compromised. This regulatory approach is particularly pertinent for Airservices Australia, an approved air traffic services provider, which has applied for an exemption from specific ADS-B accuracy requirements. By granting this exemption, CASA aims to facilitate improved coverage and smoother tracking of ADS-B equipped aircraft, thereby enhancing overall air traffic management while adhering to stringent safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998), as amended, apply to air traffic service providers operating within Australia, including Airservices Australia (AA), which holds a certificate of approval from the Civil Aviation Safety Authority (CASA) under regulation 172.275 to provide air traffic services. Airservices Australia, as an approved air traffic services provider, must comply with the requirements set out in Part 172 of the CASR 1998 and the Manual of Standards Part 172 (MOS 172). Specifically, subregulation 172.065(1) mandates that ATS providers adhere to the standards stipulated in MOS 172. Exemptions from these regulations can be granted by CASA under subregulation 11.160(1) of CASR 1998, with the paramount consideration being the preservation of an acceptable level of safety. The exemption granted here concerns the accuracy requirements for the use of Automatic Dependent Surveillance-Broadcast (ADS-B) equipment as outlined in paragraph 10.2.1.1 of MOS 172. This exemption applies to a class of persons and is, therefore, subject to the tabling and disallowance provisions of the Legislative Instruments Act 2003. The exemption is effective from the day after registration and will cease to have effect by 18 January 2014, unless otherwise specified. The exemption allows for the use of ADS-B at the Horizontal Protection Limit of 2NM and for D0260 aircraft with a NUC_P greater than or equal to 4, and has been deemed compatible with human rights as outlined in Attachment A of the Explanatory Statement.

Key Provisions

The key provisions of the legislation concern the exemption granted to Airservices Australia (AA) from certain accuracy requirements for the use of Automatic Dependent Surveillance-Broadcast (ADS-B) equipment in the provision of air traffic services. According to section 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), the Civil Aviation Safety Authority (CASA) may grant exemptions from compliance with a provision of the CASR 1998 if it is necessary to preserve an acceptable level of safety. In this case, the exemption has been granted from paragraph 10.2.1.1(c) of the Manual of Standards Part 172 (MOS 172), which contains accuracy requirements for the use of ADS-B data. The exemption allows AA to use ADS-B at the Horizontal Protection Limit (HPL) of 2NM and for D0260 aircraft, a NUC_P greater than or equal to 4, without meeting the accuracy requirements specified in paragraph 10.2.1.1(c). The exemption imposes an obligation on AA to comply with all other requirements of paragraph 10.2.1.1 of MOS 172, including reliable ADS-B coverage and identification of ADS-B equipped aircraft. This ensures improved coverage and smoother tracking of ADS-B aircraft while still maintaining an acceptable level of safety. The exemption must be published on the Internet and will cease on the specified day or 3 years after its commencement if no day is specified. The exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. There are no specific offences, penalties, or consequences for breach outlined in the legislation. However, any failure by AA to comply with the other requirements of paragraph 10.2.1.1 of MOS 172 may result in regulatory action by CASA. The exemption is compatible with human rights as it does not engage any of the applicable rights or freedoms. Consultation under section 17 of the Legislative Instruments Act 2003 has not been undertaken for this instrument, as it is a renewal of a previous instrument for which consultation was previously undertaken with AA.