CASA EX06/08 - Exemption - from provisions in Part 172 of CASR 1998

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, providing a comprehensive regulatory framework for the approval and oversight of air traffic service providers. These regulations, under the authority of the Civil Aviation Act 1988, establish standards that such providers must meet to ensure safe and efficient air traffic management. Specifically, Part 172 of CASR 1998 mandates that the Civil Aviation Safety Authority (CASA) must approve air traffic service providers and issue a Manual of Standards (MOS) detailing the required compliance standards. However, the Civil Aviation Safety Regulations 1998 Exemption—from provisions in Part 172 of CASR 1998, issued under the authority of the Civil Aviation Act 1988, addresses a specific issue arising from the trial of advanced RNAV (RNP-AR) procedures by Qantas Airways Limited. This exemption was introduced to allow Airservices Australia and its controllers to participate in the trial without being constrained by certain regulatory requirements, such as the publication of RNAV (RNP-AR) procedures, which are not yet available. The exemption aims to facilitate the trial's progress and eventual full implementation, benefiting the broader aviation industry.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) mandate that Airservices Australia (AA), as an approved air traffic service (ATS) provider, adhere to the standards set forth in the Manual of Standards (MOS) Part 172, which governs air traffic services. Specifically, AA and its controllers are required to provide tracking instructions for certain departures and to avoid issuing clearances that permit pilots to descend below the lowest safe altitude (LSALT) in Instrument Meteorological Conditions (I.M.C.) except as per specified procedures. However, the exemption provided by the instrument CASA EX06/08 exempts AA and its controllers from certain obligations under CASR 1998 and MOS Part 172, including the requirement to specify tracking instructions for certain unpublished RNAV (RNP-AR) procedures and to refrain from issuing clearances that deviate from certain published procedures during I.M.C. This exemption is specifically for the RNAV (RNP-AR) trial conducted by Qantas, allowing the trial to proceed without the necessity of publishing the procedures in the Aeronautical Information Publication (AIP). The exemption is subject to the paramount consideration of maintaining an acceptable level of safety and is declared as a disallowable instrument under the Legislative Instruments Act 2003, thereby subject to potential disallowance by the Parliament. The exemption is effective from 1 February 2008 until the end of 31 January 2010, coinciding with the duration of the Qantas trial.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) outlines the standards and requirements that air traffic service (ATS) providers, such as Airservices Australia, must adhere to in order to ensure the safety of air navigation. Specifically, Part 172 of CASR 1998 mandates that ATS providers must comply with a Manual of Standards (MOS) issued by the Civil Aviation Safety Authority (CASA). Among other things, the MOS requires air traffic controllers to issue specific tracking instructions for standard instrument departures (SIDS) when they have not been published (MOS Part 172, paragraph 12.2.1.2(a)). Additionally, controllers must not issue clearances that permit pilots to descend below the lowest safe altitude (LSALT) in Instrument Meteorological Conditions (I.M.C.) unless they follow certain published procedures, such as those found in instrument approach landing (IAL) charts and approved instrument approach procedures (MOS Part 172, paragraphs 12.2.4.1(b) and (c)). Furthermore, ATS providers are required to maintain an operations manual that aligns with the MOS (CASR 1998, subregulation 172.060(1)). The obligations imposed by the Act and the MOS extend to Airservices Australia, which holds a certificate of approval from CASA as an ATS provider. Under these obligations, Airservices Australia and its controllers must ensure that all operations, including those involving RNAV (RNP-AR) approaches and departures, adhere to the specified standards. For example, pilots must not fly at altitudes below the published LSALT unless they are following a published instrument approach or departure procedure (CASR 1998, subregulation 178(1)). However, CASA may issue exemptions and specific instructions to facilitate trials and special operations, such as the RNAV (RNP-AR) trial granted to Qantas Airways Limited (Instrument CASA 38/08). These trials may involve procedures that are not yet published, thereby necessitating specific exemptions to allow for safe operation during the trial period. The exemption granted under the Civil Aviation Safety Regulations 1998 (CASR 1998) provides relief from certain regulatory requirements for Airservices Australia and its controllers, specifically in relation to the RNAV (RNP-AR) trial. Schedule 1 of the exemption exempts Airservices Australia from the requirements outlined in paragraphs 12.2.1.2(a), 12.2.4.1(b) and 12.2.4.1(c) of the MOS Part 172, as well as subregulation 172.060(1) of CASR 1998. This exemption is crucial for the trial, as the RNAV (RNP-AR) procedures have not yet been published. In granting this exemption, CASA must ensure that the safety of air navigation is preserved, and it may impose conditions on the exemption if necessary (CASR 1998, subregulations 11.205(1) and 11.225). The exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003 (LIA) and is effective from 1 February 2008 until the RNAV (RNP-AR) trial concludes on 31 January 2010. Failure to comply with the provisions of CASR 1998 and the MOS, including any exemptions, may result in significant penalties. CASA has the authority to enforce these regulations and may impose both civil and criminal penalties for breaches. The severity of these penalties can vary depending on the nature and extent of the violation, but they are designed to ensure strict adherence to safety standards. The exemption itself does not explicitly state penalties for non-compliance, but it is contingent upon the overarching regulatory framework which enforces stringent compliance to maintain the high safety standards required in air navigation.