EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION FROM PARAGRAPH 166 (1) (C) OF THE CIVIL AVIATION REGULATIONS 1988
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Regulation 308 of the Civil Aviation Regulations 1988 (the Regulations) provides that CASA may exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with the provisions of the Regulations. Such an exemption is a disallowable instrument for the purposes of the Acts Interpretation Act 1901.
Paragraph 166 (1) (c) of the Regulations requires the pilot in command of an aircraft approaching an aerodrome where an air traffic control unit is not in operation (a non‑controlled aerodrome) to join the pattern of traffic in use by landing aircraft. This prevents the use of straight-in approaches at such aerodromes.
This exemption allows certain aircraft to carry out straight-in approaches at non‑controlled aerodromes and repeals previous exemptions issued for the same purpose.
Straight-in approaches were previously carried out at non-controlled aerodromes under various exemptions. These exemptions applied either to aerodromes in the vicinity of which mandatory broadcasting requirements were in place (mandatory broadcast zones or MBZ) or aerodromes without mandatory broadcasting requirements but with radio frequencies designated for use by aircraft within their vicinity (CTAF aerodromes). These exemptions have been replaced by two new exemptions including this exemption.
This exemption has been issued to allow a pilot in command of either a high capacity or low capacity regular public transport aircraft equipped with a serviceable VHF radio to carry out straight-in approaches at both MBZ and CTAF aerodromes. The exemption only applies to aircraft engaged in operations for which at least 2 pilots are required and used.
The carrying out of a straight-in approach by the pilot in command of a regular public transport aircraft to which this exemption applies is subject to conditions that have been applied by reference. Application by reference is considered sufficient because the conditions are set out in sections 82.3 and 82.5 of the Orders and apply to the conduct of straight-in approaches by the operators of the same aircraft. These conditions include a requirement to ascertain information about the wind direction and runways in use from one of a number of specified sources. The pilot in command also has to advise other aircraft when the aircraft is established on final approach. He or she is also required to give way to other aircraft using the reciprocal runway direction that are in the traffic pattern or established on base leg or final approach for any runway at the aerodrome.
This exemption comes into effect on 1 May 1999 immediately after the commencement of the conditions set out in the Civil Aviation Orders. The exemption has been made by the Director of Aviation Safety under subsection 84A (2) of the Act.
[Exemption number: CASA 14/1999]
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the key provisions of the Act is Section 98, which empowers the Governor-General to make regulations related to the safety of air navigation. The Act addresses the need for a cohesive and effective regulatory environment to govern the rapidly evolving field of civil aviation. The Civil Aviation Regulations 1988, made under the authority of the Act, further detail the operational standards and requirements for aircraft and pilots, including the prohibition of straight-in approaches at non-controlled aerodromes as outlined in Regulation 166(1)(c). The Civil Aviation (Exemption) Regulations 1988, which include CASA 14/1999, serve to provide necessary flexibility and exemptions from certain regulatory requirements, balancing safety with operational efficiency. The policy objective of these exemptions is to enhance safety while accommodating the needs of specific operational contexts, such as the use of straight-in approaches by certain aircraft at non-controlled aerodromes.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Regulations 1988, establishes the framework for ensuring the safety of air navigation in Australia. Under Section 98 of the Act, the Governor-General is empowered to make regulations for the purposes of the Act, particularly concerning air navigation safety. Regulation 308 allows for exemptions from the provisions of the Regulations, which are subject to disallowance under the Acts Interpretation Act 1901. This legislative structure is designed to provide flexibility in managing the safe operation of aircraft. Specifically, this exemption applies to certain aircraft conducting straight-in approaches at non-controlled aerodromes, a deviation from the standard requirement to join the traffic pattern. This exemption caters to high capacity or low capacity regular public transport aircraft that are equipped with a serviceable VHF radio and are used in operations requiring at least two pilots. The exemption, which supersedes previous allowances for straight-in approaches at mandatory broadcast zones and CTAF aerodromes, is contingent upon adherence to conditions referenced in the Civil Aviation Orders. These conditions mandate the pilot in command to obtain wind direction and runway usage information from specified sources and to communicate with other aircraft during the approach. The exemption applies nationally and is intended to streamline operations while maintaining safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 together form the legislative framework for aviation safety in Australia, with the Act providing the overarching authority and the Regulations detailing the specific rules and requirements. Section 98 of the Act grants the Governor-General the power to make regulations for the purposes of the Act, including those related to air navigation safety. Regulation 308 of the Civil Aviation Regulations allows the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain regulations to aircraft or persons associated with aircraft operations. This regulatory power is exercised to ensure that aviation practices are both safe and practical, adapting to the specific needs of different aviation contexts.
The exemption issued under CASA 14/1999 specifically addresses the operation of regular public transport aircraft at non-controlled aerodromes. According to paragraph 166(1)(c) of the Civil Aviation Regulations, pilots at non-controlled aerodromes must join the traffic pattern when approaching for landing, prohibiting straight-in approaches. However, this exemption allows pilots of high capacity or low capacity regular public transport aircraft, equipped with a serviceable VHF radio and operating under conditions that require at least two pilots, to perform straight-in approaches at both mandatory broadcast zone (MBZ) and control advisory frequency (CTAF) aerodromes. This flexibility is intended to enhance operational efficiency while maintaining safety through specified conditions and requirements.
The exemption is subject to several conditions that ensure safe operations. These conditions, referenced from sections 82.3 and 82.5 of the Civil Aviation Orders, mandate that pilots must obtain information about wind direction and runways in use from specified sources before commencing the approach. Additionally, pilots must communicate their approach to other aircraft and yield to other aircraft that are in the traffic pattern or on final approach on the reciprocal runway. These requirements are designed to prevent mid-air collisions and ensure that all aircraft are aware of each other's positions and intentions.
Violations of the conditions set forth in the exemption may result in legal consequences. Under the Acts Interpretation Act 1901, the exemption is a disallowable instrument, meaning that Parliament can review and potentially disallow it. If an operator or pilot fails to comply with the conditions of the exemption, they may be subject to enforcement actions by CASA, which could include fines, suspension of operating certificates, or other regulatory penalties. The severity of these penalties is intended to enforce compliance and uphold the safety standards set forth in the Civil Aviation Act and Regulations.