Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA EX09/20 — Aircraft Parking Position and Apron Marking (Ground Power Units) Instrument 2020
Purpose
The purpose of the instrument is to allow the use of a ground power unit (GPU) located on, or adjacent to, an aircraft parking position at an aerodrome, and the marking of an apron at the aerodrome with the position for the GPU.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor‑General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor‑General has made the Civil Aviation Safety Regulations 1998 (CASR) and the Civil Aviation Regulations 1988 (CAR).
Under subsection 9A (1) of the Act, in exercising its powers and performing its functions, the Civil Aviation Safety Authority (CASA) must regard the safety of air navigation as the most important consideration. Under subsection 9A (2) of the Act, subject to subsection (1), CASA must exercise its powers and perform its functions in a manner that ensures that, as far as is practicable, the environment is protected from the effects of, and associated with, the operation and use of aircraft.
Physical characteristics of an aerodrome movement area
Regulation 139.165 of CASR requires the operator of a certified aerodrome to ensure that the physical characteristics of the movement area of the aerodrome comply with the standards in the Manual of Standards (MOS) – Part 139 Aerodromes (the Part 139 MOS). It is an offence to contravene regulation 139.165. The term movement area is defined in subregulation 2 (1) of CAR to mean that part of the aerodrome to be used for the surface movement of aircraft, including manoeuvring areas and aprons.
Chapter 6 of the Part 139 MOS contains standards for the physical characteristics of the movement area of an aerodrome. Subsection 6.5.2 contains standards for separation distances on an apron at an aerodrome.
Paragraph 6.5.2.1 of the Part 139 MOS requires that an aircraft parking position taxilane must be separated from any object by a distance not less than that determined using Table 6.5-1. Paragraph 6.5.2.2 requires, except in certain circumstances, that an aircraft on an aircraft parking position must be separated from any object, other than an aerobridge, by a distance not less than that determined using Table 6.5-1. The distances determined using Table 6.5-1 depend on the size of the aircraft.
Marking of aerodrome movement area
Subregulation 139.170 (1) of CASR requires the operator of a certified aerodrome to mark specified areas of the aerodrome, including the movement area, in accordance with the standards set out in the Part 139 MOS. Subregulation 139.170 (2) requires the aerodrome operator to ensure that all aerodrome markings are maintained in accordance with the standards set out in the Part 139 MOS. It is an offence to contravene either subregulation.
Chapter 8 of the Part 139 MOS states the standards for aerodrome markers, markings, signals and signs, including apron markings such as the pilot stop line, and the alignment line, for an aircraft parking position. Paragraph 8.5.1.3 requires that the design of apron markings ensures that all relevant clearance standards are met, so that the safe manoeuvring, and precise positioning, of aircraft are achieved and care is taken to avoid overlapping markings. Under paragraph 8.1.1.1, visual aids that do not comply with the standards in Chapter 8 must not be used unless approved by CASA, in writing.
Approvals
An approval under paragraph 8.1.1.1 is an authorisation, within the meaning of that term in regulation 11.015 of CASR, for Part 11 of CASR.
As far as is relevant, paragraph 11.056 (1) (a) of CASR states that an authorisation may be granted subject to any condition that CASA is satisfied is necessary in the interests of the safety of air navigation. Under regulation 11.077 of CASR, a person commits an offence of strict liability if the person breaches a condition of an authorisation.
Exemptions
Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160 (1) of CASR states that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations.
Under subregulation 11.160 (2), an exemption may be granted to a person or a class of persons.
Under subregulation 11.160 (3), an exemption may be granted on application by a person or on CASA’s own initiative.
Under subregulation 11.170 (3) of CASR, in deciding whether to grant an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same test when deciding whether to grant an exemption on its own initiative.
Regulation 11.205 of CASR states that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition.
Regulation 11.225 of CASR requires an exemption to be published on the Internet. Under subregulation 11.230 (1) of CASR, the maximum duration of an exemption is 3 years.
Background
Airlines are seeking to initiate a cost saving procedure (the APU-off-arrival procedure) that involves an aircraft’s auxiliary power unit (APU) remaining off when the aircraft arrives at a parking position at an aerodrome. Instead, a GPU would be used to provide power to the aircraft as soon as the aircraft’s engines are turned off. In order to make the procedure effective, the GPU must be pre‑positioned before the arrival of the aircraft. To ensure that the GPU is correctly pre‑positioned, airlines have sought the ability for an aerodrome operator to mark the desired location of the GPU on, or adjacent to, an aircraft parking position at the aerodrome, as required. The GPU pre‑positioning marking is not a standard marking.
In normal circumstances, an aircraft operator would not want to have an object within the vicinity of the aircraft when the aircraft is manoeuvring to the parking position at an aerodrome. However, the APU-off-arrival procedure is supported by aircraft operators and aerodrome operators, as it is anticipated to result in a reduction in fuel burn, with a consequent reduction in costs and overall greenhouse gas emissions.
Overview of instrument
The instrument facilitates the use of the APU-off-arrival procedure by granting an aerodrome operator:
(a) approvals relating to the marking of an apron at the aerodrome with the position for a GPU; and
(b) exemptions from compliance with the standards in the Part 139 MOS relating to the separation of an aircraft parking position taxilane, or an aircraft on an aircraft parking position, from a GPU.
Content of instrument
Section 1 of the instrument states the name of the instrument.
Section 2 of the instrument states when the instrument commences and is repealed.
Section 3 of the instrument contains definitions of terms and expressions used in the instrument. In particular, it defines the term GPU pre-positioning marking to mean an apron marking for the location of a GPU on an apron at an aerodrome.
Section 4 of the instrument states that the instrument applies to an aerodrome operator in relation to a GPU that is located on, or adjacent to, an aircraft parking position at the aerodrome, and that the aerodrome operator has given written approval for the aircraft operator to use at that location. This prevents an aircraft operator from using a GPU at an aircraft parking position without the aerodrome operator’s permission and, therefore, allows the aerodrome operator to check that the aircraft operator has, and complies with, procedures that appropriately address safety risks.
Section 5 of the instrument contains approvals, granted by CASA under paragraph 8.1.1.1 of the Part 139 MOS, for an aerodrome operator to use an apron marking, being a GPU pre‑positioning marking, the design of which does not comply with the standards in paragraph 8.5.1.3 of the Part 139 MOS (i.e. the requirement that the design of apron markings ensures that all relevant clearance standards are met). Therefore, it allows an aerodrome operator to mark the desired location for a GPU on, or adjacent to, an aircraft parking position at the aerodrome, even though the placement of the GPU would otherwise contravene the relevant clearance standards in the Part 139 MOS. The approvals are granted subject to the conditions in section 7.
Section 6 of the instrument contains exemptions granted by CASA under regulation 11.160 of CASR. It allows a GPU to be located on, or adjacent to, an aircraft parking position in contravention of the clearance standards in paragraphs 6.5.2.1 and 6.5.2.2 of the Part 139 MOS. The exemptions are granted subject to the conditions in section 7.
In granting the exemptions, CASA has regarded as paramount the preservation of at least an acceptable level of aviation safety.
Section 7 of the instrument sets out conditions on the approvals and exemptions. The conditions are imposed on the aerodrome operator by CASA, under regulations 11.056 and 11.205 of CASR, in the interests of the safety of air navigation.
Legislation Act 2003 (the LA)
Paragraph 98 (5A) (a) of the Act states that CASA may issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Also, paragraph 98 (5AA) (a) states that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument grants stated approvals, under paragraph 8.1.1.1 of the Part 139 MOS to a class of persons, namely aerodrome operators. It also exempts a class of persons, namely aerodrome operators, from complying, to a limited extent, with regulation 139.165 of CASR. The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
Following an approach by Jetstar Airways Pty Limited, the operator of Avalon aerodrome applied to CASA for an exemption to allow the use of a GPU located on, or adjacent to, an aircraft parking position at the aerodrome, and allow the marking of an apron at the aerodrome with the position for the GPU. While considering that application, other airlines asked CASA for such an exemption to apply to all aerodrome operators and aircraft operators. The instrument will benefit any aerodrome operator and aircraft operator (approved by the aerodrome operator) that wish to take advantage of the exemptions and approvals in the instrument. In these circumstances, CASA is satisfied that no further consultation is appropriate, or reasonably practicable, for the instrument for section 17 of the LA.
Office of Best Practice Regulation (OBPR)
The instrument benefits the aviation industry by enabling an aircraft operator, with the written approval of an aerodrome operator, to use the APU‑off‑arrival procedure. That procedure is supported by aircraft operators and aerodrome operators as it is anticipated to result in a reduction in fuel burn, with a consequent reduction in costs and overall greenhouse gas emissions.
A Regulation Impact Statement (RIS) is not required in this case, as the exemptions and approvals in the instrument are covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions or approvals (OBPR id: 14507).
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
Making and commencement
The legislative instrument has been made by a delegate of CASA relying on the power of delegation under subsection 94 (1) of the Act and subregulation 11.260 (1) of CASR.
The instrument commences on the day after it is registered and is repealed at the end of 30 November 2022.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX09/20 — Aircraft Parking Position and Apron Marking (Ground Power Units) Instrument 2020
The 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
The legislative instrument allows the use of a ground power unit (GPU) located on, or adjacent to, an aircraft parking position at an aerodrome by granting exemptions to the aerodrome operator from compliance with the relevant requirements in the Civil Aviation Safety Regulations 1998 and standards in the Manual of Standards (MOS) – Part 139 Aerodromes (the Part 139 MOS). The placement of a GPU near an aircraft parking position taxilane, or an aircraft on an aircraft parking position, would otherwise contravene the standards in the Part 139 MOS for the separation of the taxilane or aircraft from an object.
The legislative instrument also grants approvals to an aerodrome operator that allow for the apron at the aerodrome to be marked with the desired location for a GPU on, or adjacent to, an aircraft parking position at the aerodrome, even though the placement of the GPU would otherwise contravene the relevant clearance standards in the Part 139 MOS.
Human rights implications
The legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
The legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority