CASA EX06/11 – Exemption – use of ADS B for the provision of air traffic services

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation and provide a regulatory framework for air traffic services, among other things. In 2011, an exemption was introduced under these regulations to address a specific issue regarding the use of Automatic Dependent Surveillance-Broadcast (ADS-B) technology for air traffic services. This exemption was issued by the Civil Aviation Safety Authority (CASA) to Airservices Australia, an approved air traffic services provider. The exemption was granted from certain accuracy requirements for ADS-B data, aiming to enhance coverage and tracking of ADS-B equipped aircraft while maintaining an acceptable level of safety. The decision to grant this exemption was made in consultation with Airservices Australia and is subject to parliamentary disallowance under the Legislative Instruments Act 2003. The exemption is effective until 19 January 2013.

Scope and Application

The Civil Aviation Safety Regulations 1998 apply to air traffic service providers, including Airservices Australia, which is an approved provider under the Civil Aviation Act 1988. This Act allows the Governor-General to make regulations for the safety of air navigation, with Part 172 of the Regulations specifically addressing the requirements for approved air traffic services providers. Airservices Australia, which holds a certificate of approval from the Civil Aviation Safety Authority (CASA), must comply with the Manual of Standards Part 172. However, an exemption has been granted under subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998, allowing Airservices Australia to deviate from specific accuracy requirements for Automatic Dependent Surveillance-Broadcast (ADS-B) data, provided other conditions for reliable ADS-B coverage and aircraft identification are met. The exemption, declared as a disallowable instrument under the Legislative Instruments Act 2003, was subject to consultation and is effective from the day after registration until 19 January 2013.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring air safety in Australia. Specifically, Part 172 of these regulations governs air traffic service (ATS) providers. Airservices Australia (AA), as an approved ATS provider under subregulation 172.275 of CASR 1998, is subject to the stringent requirements of the Manual of Standards Part 172 (MOS 172). Subregulation 172.065(1) mandates that ATS providers like AA must comply with the requirements of MOS 172. AA has sought an exemption from specific provisions within MOS 172, particularly relating to the use of Automatic Dependent Surveillance-Broadcast (ADS-B). The exemption, granted under subregulation 11.160(1) of CASR 1998, pertains to paragraph 10.2.1.1(c) of MOS 172, which contains accuracy requirements for ADS-B data. The Civil Aviation Safety Authority (CASA) has determined that compliance with other ADS-B requirements without paragraph 10.2.1.1(c) will still ensure an acceptable level of safety. This exemption, therefore, allows AA to provide air traffic services without meeting the specified accuracy requirements for ADS-B data. Under the Legislative Instruments Act 2003 (LIA), the exemption issued by CASA is considered a legislative instrument. According to subparagraph 6(d)(i) of the LIA, this exemption is a disallowable instrument, and therefore, it must be tabled and potentially disallowed by the Parliament under sections 38 and 42 of the LIA. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. This exemption has been published on the World Wide Web, as required by subregulation 11.225 of CASR 1998, and will cease to have effect no later than 2 years from its commencement. The exemption will be in effect from the day after its registration and will stop having effect by the end of 19 January 2013. In the event of a breach of the CASR 1998 or non-compliance with the terms of this exemption, the Civil Aviation Safety Authority may impose penalties. These could include fines and other civil or criminal sanctions, depending on the severity of the breach. The maximum penalties for breaches of the Civil Aviation Act 1988 and associated regulations can be substantial, reflecting the high priority placed on ensuring the safety of air navigation in Australia.