Explanatory Statement
Civil Aviation Regulations 1988
Exemption — alignment line at primary parking position (operators of certified aerodromes)
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Regulation 139.170 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that the operator of a certified aerodrome (the operator) must mark specified areas of the aerodrome in accordance with the Manual of Standards (MOS) – Part 139 Aerodromes (the MOS). Chapter 8 of the MOS specifies the standards for aerodrome markers, markings, signals and signs. Paragraph 8.5.18 specifies the marking of an alignment line at a primary parking position.
Under subregulation 11.160 (1) of CASR 1998, for subsection 98 (5A) of the Act, CASA may grant an exemption from compliance with a provision of the regulations in relation to a matter mentioned in that subsection.
Subregulation 11.160 (3) provides that, in deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of aviation safety. Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation.
Background
The operator is currently required to mark an alignment line at a primary parking position in accordance with the specifications set out under subsection 8.5.18 of the MOS. However, the marking of the alignment line at the primary parking position forward of the aircraft stop line has the potential to cause clutter on the apron and pilot confusion. This is particularly the case where there is a building close in front of the stop line, such that the required alignment line would extend past the building line. CASA has determined that the omission of the alignment line would not impact on aviation safety where a Visual Docking Guidance System (VDGS) is in use or where marshallers are provided to manoeuvre the aircraft onto the parking position.
Instrument
The effect of the instrument is to enable the operator to omit the marking of the alignment line at a primary parking position forward of a pilot stop line or a marshaller stop line, whichever stop line is most forward, in order to reduce line marking clutter on the apron.
The exemption is subject to the condition that, where the alignment line forward of a pilot line or marshaller stop line has not been provided at a primary parking position, the operator must ensure that an aircraft is guided on to the parking position using a VDGS or is marshalled into the parking position in circumstances where the VDGS is not operational or not installed. It is also a condition of the exemption that details relating to the exemption are provided in the operator’s aerodrome manual.
Legislation Act 2003 (the LA)
Subsection 8 (4) of the LA provides that certain instruments that determine the law or alter the content of the law are legislative instruments. Additionally, paragraph 98 (5AA) (a) of the Act provides that an instrument is a legislative instrument if the instrument is expressed to apply to a class of persons. As the instrument exempts a class of persons from complying with the provisions in regulation 139.170 of CASR 1998, the instrument is a legislative instrument.
Consultation
All major international airport operators and a sample number of smaller airports were consulted. All consultees agreed on the benefits of bringing the Australian standard for the marking of alignment lines closer in line with international standards established by the International Civil Aviation Organization, particularly as the effect of the exemption provided by this instrument is to avoid pilot confusion resulting from current alignment line requirements. In these circumstances, CASA believes that no further consultation is necessary or appropriate.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
The instrument commences on the day of registration and is repealed at the end of 30 November 2019.
[Instrument number CASA EX10/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — alignment line at primary parking position (operators of certified aerodromes)
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
The instrument exempts the operator of a certified aerodrome from being required to mark the alignment line at a primary parking position forward of a pilot stop line or a marshaller stop line, whichever stop line is most forward, in order to reduce line marking clutter on the apron.
The exemption is subject to the conditions that an alternative means of guidance on to the primary parking position is provided by a VDGS or the aircraft is marshalled into the parking position, and that details relating to the exemption are provided in the operator’s aerodrome manual.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with the listed human rights.
Civil Aviation Safety Authority