Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — recency requirement
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including Civil Aviation Regulations 1988 (CAR 1988), or a provision of the Civil Aviation Orders (the CAOs), in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
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. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Regulation 65.025 of the CASR 1998 provides that the holder of an ATC licence or a flight service licence satisfies the recency requirement in relation to an endorsement at a particular time, if he or she has performed the duties required by the relevant function at the aerodrome, or in relation to the airspace to which the endorsement relates, for at least 5 hours within the previous 21 days.
AA reviewed the recency requirement of regulation 65.025 of CASR 1998 and noted that AA staff in Sydney are unable to use the Precision Runway Monitoring simulator (PRMS) to meet the recency requirement of subregulation 65.025 (1) of CASR 1998 although operational and weather conditions often do not require operation of the Precision Runway Monitoring system for periods in excess of 21 days. The use of the PRMS was identified as risk mitigation in the 2002 PRM Safety Case in the case of controller recency training and emergency operations. The numbers of emergency breakouts that occur per year are estimated by AA to be less than an average of 2 per year, so the PRMS is integral to ATC training for this situation, using both runway directions.
The instrument exempts ATC licence or flight service licence holders from the recency requirement in subregulation 65.025 (1) of CASR 1998. The exemption will recognise periods spent on the PRMS as satisfying the recency requirement of regulation 65.025. To ensure the safety of air navigation, conditions have been imposed. The holder of an ATC licence or flight service licence must perform at least 5 hours of duties within the previous 21 days. AA must advise CASA in writing of any proposed changes to the PRMS. CASA must approve any changes to the PRMS.
Legislative Instruments Act
For paragraph 98 (5A) (a) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or CAOs. Under subsection 98(5AA) of the Act, an instrument issued for paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of persons. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. This is a renewal of a previous instrument, CASA EX64/10, which itself renewed instrument CASA EX51/08.
Human rights implications
The instrument sets out an exemption from legislative requirements as described above. The instrument does not engage any of the applicable rights or freedoms.
The instrument commences on 1 August 2012 and stops having effect at the end of July 2015.
The exemption has been made by a delegate of CASA, under regulation 11.260 of CASR 1998.
[Instrument number CASA EX118/12]
Overview
The Civil Aviation Safety Regulations 1998, enacted by the Australian Government, address the need for regulatory flexibility to maintain safety standards within the aviation industry while accommodating operational realities. This regulation was introduced to provide the Civil Aviation Safety Authority (CASA) with the ability to grant exemptions from certain provisions of the regulations and orders, ensuring that safety of air navigation remains the paramount concern. This legislative instrument is subject to the tabling and disallowance provisions of the Legislative Instruments Act 2003. The specific exemption in question recognises the use of the Precision Runway Monitoring simulator (PRMS) as fulfilling the recency requirement for air traffic control (ATC) licence or flight service licence holders, allowing these professionals to maintain their required skills despite the infrequent need for actual PRMS operations. This exemption is underpinned by the objective of ensuring the safety of air navigation, with conditions imposed to safeguard against potential risks.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by F2012L01633, provide an exemption from the recency requirement specified in regulation 65.025 for holders of Air Traffic Control (ATC) licences or flight service licences. This exemption recognises periods spent on the Precision Runway Monitoring simulator (PRMS) as satisfying the recency requirement. The exemption applies to a class of persons, specifically those who hold ATC licences or flight service licences, and is intended to enhance safety by ensuring adequate training and preparedness for emergency operations, which are infrequent but critical. The exemption is subject to conditions to maintain safety standards and requires Australian Airspace (AA) to notify the Civil Aviation Safety Authority (CASA) of any proposed changes to the PRMS, which CASA must then approve. The exemption is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament. It commences on 1 August 2012 and expires at the end of July 2015, reflecting a periodic review approach to ensure the exemption remains aligned with safety objectives.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended through an exemption instrument issued by the Civil Aviation Safety Authority (CASA) under section 98(5A) of the Civil Aviation Act 1988 (the Act). This amendment is detailed in the Explanatory Statement for CASA EX118/12, which exempts Air Traffic Control (ATC) licence or flight service licence holders from the recency requirement in subregulation 65.025(1) of CASR 1998. This exemption recognises periods spent on the Precision Runway Monitoring simulator (PRMS) as fulfilling the recency requirement for ATC duties. The exemption is designed to address the issue where operational and weather conditions may not necessitate the use of the Precision Runway Monitoring system for more than 21 days, thereby potentially hindering the ability of ATC licence or flight service licence holders to meet the recency requirement through practical experience.
The obligations imposed on ATC licence or flight service licence holders under this exemption include performing at least 5 hours of duties within the previous 21 days, thereby ensuring that they maintain the necessary practical experience. CASA has also imposed a condition that any proposed changes to the PRMS must be advised to CASA in writing, and CASA must approve these changes. This ensures that the PRMS remains a reliable tool for training purposes, particularly for emergency operations where the numbers of emergency breakouts are estimated to be less than an average of 2 per year.
Breach of the conditions imposed by CASA could lead to serious consequences. While the instrument does not explicitly state the penalties for non-compliance, under general aviation regulations, failure to adhere to the safety requirements could result in enforcement actions, including fines and potential suspension or revocation of the licence. The exemption itself ceases on the day specified within it, but no later than 3 years after its commencement, or 3 years after commencement if no specific day is mentioned. The instrument is also subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (LIA). Although consultation under section 17 of the LIA was not undertaken for this particular exemption, it is a renewal of a previous instrument, CASA EX64/10, which itself renewed instrument CASA EX51/08. This exemption is intended to maintain safety in air navigation without infringing on any applicable rights or freedoms.