Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA EX15/26 — Aircraft Used for Low-visibility Approaches (Radio Altimeters) Exemption 2026
Purpose
The purpose of CASA EX15/26 — Aircraft Used for Low-visibility Approaches (Radio Altimeters) Exemption 2026 (the instrument) is to provide relevant aircraft operators with additional time to either upgrade or purchase replacement radio altimeters if necessary to meet new Manuals of Standards (MOS) requirements for radio altimeters. Under the new MOS requirements, radio altimeters of aircraft used for low-visibility approaches in Australian territory must comply with the requirements for tolerance to radio frequency interference set out in a specified Airworthiness Directive (AD) of the Federal Aviation Administration of the United States of America (FAA) that applies for the kind of aircraft (aeroplane or rotorcraft).
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).
Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160(1) of CASR provides that, for subsection 98(5A) of the Act, the Civil Aviation Safety Authority (CASA) may grant an exemption from compliance with a provision of the regulations.
Under subregulation 11.160(2), an exemption may be granted to a person or a class of persons and may specify the class by reference to membership of a specified body or any other characteristic.
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.
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.
Relevant CASR provisions
Part 91 of CASR sets out the general operating and flight rules for Australian aircraft and specified foreign registered aircraft operating in Australian territory.
Under subregulation 91.810(1) of CASR, the Part 91 Manual of Standards may prescribe requirements relating to:
(a) the fitment and non-fitment of equipment to an aircraft; and
(b) the carrying of equipment on an aircraft; and
(c) equipment that is fitted to, or carried on, an aircraft.
Under subregulation 91.810(2), a person contravenes the subregulation if the person is subject to a requirement mentioned in subregulation 91.810(1) and the requirement is not met.
Under subregulation 91.810(3), a person commits an offence of strict liability if the person contravenes subregulation 91.810(2).
Part 121 of CASR deals with Australian air transport operations by larger aeroplanes.
Under subregulation 121.460(1) of CASR, the Part 121 Manual of Standards may prescribe requirements relating to:
(a) the fitment and non-fitment of equipment to an aeroplane; and
(b) the carrying of equipment on an aeroplane; and
(c) equipment that is fitted to, or carried on, an aeroplane.
Under subregulation 121.460(2), a person contravenes the subregulation if the person is subject to a requirement mentioned in subregulation 121.460(1) and the requirement is not met.
Under subregulation 121.460(3), a person commits an offence of strict liability if the person contravenes subregulation 121.460(2).
Part 133 of CASR deals with Australian air transport operations by rotorcraft.
Under subregulation 133.360(1) of CASR, the Part 133 Manual of Standards may prescribe requirements relating to:
(a) the fitment and non-fitment of equipment to a rotorcraft; and
(b) the carrying of equipment on a rotorcraft; and
(c) equipment that is fitted to, or carried on, a rotorcraft.
Under subregulation 133.360(2), a person contravenes the subregulation if the person is subject to a requirement mentioned in subregulation 133.360(1) and the requirement is not met.
Under subregulation 133.360(3), a person commits an offence of strict liability if the person contravenes subregulation 133.360(2).
Part 135 of CASR deals with Australian air transport operations by smaller aeroplanes.
Under subregulation 135.370(1) of CASR, the Part 135 Manual of Standards may prescribe requirements relating to:
(a) the fitment and non-fitment of equipment to an aeroplane; and
(b) the carrying of equipment on an aeroplane; and
(c) equipment that is fitted to, or carried on, an aeroplane.
Under subregulation 135.370(2), a person contravenes the subregulation if the person is subject to a requirement mentioned in subregulation 135.370(1) and the requirement is not met.
Under subregulation 135.370(3), a person commits an offence of strict liability if the person contravenes subregulation 135.370(2).
Relevant MOS provisions
The following MOS provisions were inserted by the Parts 91, 121, 133 and 135 Manuals of Standards Amendment Instrument 2026 (the MOS amendments instrument). Each inserted MOS provision provides for its application from the beginning of 1 April 2026.
Section 26.26A of the Part 91 Manual of Standards provides that each radio altimeter fitted to an aircraft used for the conduct of a low-visibility approach in Australian territory must comply with the requirements for tolerance to radio frequency interference specified for a “radio altimeter tolerant airplane” in FAA Airworthiness Directive AD 2023-10-02 as existing on 26 May 2023. Section 26.26A also provides that each radio altimeter fitted to a rotorcraft used for the conduct of a low-visibility approach in Australian territory must comply with the requirements for tolerance to radio frequency interference specified for a “radio altimeter tolerant rotorcraft” in FAA Airworthiness Directive AD 2023-11-07 as existing on 22 June 2023.
Section 11.20A of the Part 121 Manual of Standards provides that each radio altimeter fitted to an aeroplane used for the conduct of a low-visibility approach in Australian territory must comply with the requirements for tolerance to radio frequency interference specified for a “radio altimeter tolerant airplane” in FAA Airworthiness Directive AD 2023-10-02 as existing on 26 May 2023.
Section 11.17A of the Part 133 Manual of Standards provides that each radio altimeter fitted to a rotorcraft used for the conduct of a low-visibility approach in Australian territory must comply with the requirements for tolerance to radio frequency interference specified for a “radio altimeter tolerant rotorcraft” in FAA Airworthiness Directive AD 2023-11-07 as existing on 22 June 2023.
Section 11.21A of the Part 135 Manual of Standards provides that each radio altimeter fitted to an aeroplane used for the conduct of a low-visibility approach in Australian territory must comply with the requirements for tolerance to radio frequency interference specified for a “radio altimeter tolerant airplane” in FAA Airworthiness Directive AD 2023-10-02 as existing on 26 May 2023.
Legislation Act 2003
Under subsection 14(1) of the Legislation Act 2003 (the LA), a legislative instrument may make provision in relation to matters by applying, adopting or incorporating provisions of an Act or disallowable legislative instrument as in force at a particular time or as in force from time to time. A legislative instrument may also make provision in relation to matters by applying, adopting or incorporating any matter contained in any other instrument or writing as in force at, or before, the time the legislative instrument commences. Under subsection 14(2), unless the contrary intention appears, the legislative instrument may not make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. However, subsection 98(5D) of the Act provides that, despite section 14 of the LA, a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.
Background
The requirement for aircraft operators to ensure that radio altimeters that are fitted to aircraft used for low-visibility approaches in Australian territory comply with the FAA AD performance requirements for radio altimeters was imposed by amendments made to the Parts 121, 133 and 135 Manual of Standards by the MOS amendments instrument. The requirement for pilots in command to ensure that such radio altimeters comply with these FAA AD requirements was imposed by an amendment made by that instrument to the Part 91 Manual of Standards. The requirements commence from the beginning of 1 April 2026.
The MOS requirements are necessary because for safety reasons radio altimeters need to operate reliably in the presence of fifth-generation (5G) wireless broadband transmissions and interim measures imposed by the Australian Communications and Media Authority (ACMA) to mitigate the effect of 5G transmissions around airports are scheduled to end on 31 March 2026. The FAA AD performance requirements represent the most protective internationally-recognised technical standard currently available.
The situation is most critical for aircraft conducting instrument approach procedures under low-visibility conditions. The resultant risks of radio altimeters being impaired during these operations include nuisance alerts and/or a failure to alert, increased flight crew workload, aborted landings (go-arounds) and, in the worst case, accidents.
The instrument approach operations determined to be reliant on radio altimeters are:
- Instrument Landing System Category II and III (ILS Cat II and III)
- Special Authorisation Category I and II (SA Cat I and II).
These operations are known as low-visibility approaches.
Further details regarding the reasons for the imposition of the MOS requirements for radio altimeters, and the development of an international standard for radio altimeters, are set out in the Explanatory Statement for the MOS amendments instrument.
Similar obligations to comply with the FAA AD requirements for radio altimeters have also been imposed under instrument CASA 06/26 — Foreign Registered Aircraft in Australian Territory (Radio Altimeters) Direction 2026 (CASA 06/26) on operators of aircraft operating in Australian territory under a foreign air transport air operator’s certificate (AOC), or under a New Zealand AOC with ANZA privileges that is in force for Australia. Alleviation to the same effect as that given under this instrument is given under CASA 06/26 to those foreign aircraft operators who conduct low-visibility approaches at CASA-listed aerodromes.
The instrument is a result of feedback received from aircraft operators during public consultation conducted on the MOS amendments instrument and CASA 06/26.
Overview of instrument
The aim of the instrument is to provide relevant aircraft operators with additional time to either upgrade or purchase replacement radio altimeters if necessary to meet the new radio altimeter requirements inserted into the relevant MOS by the MOS amendments instrument.
The instrument achieves this by:
- exempting aircraft operators or the pilot in command, as appropriate, from specified provisions of CASR to the extent that they require compliance with specified MOS provisions requiring radio altimeters to comply with requirements for tolerance to radio frequency interference that are specified, for the kind of aircraft, in a specified FAA AD
- only applying to the operator and the pilot in command of an aircraft used for the conduct of a low-visibility approach at an aerodrome in Australian territory that is included in a written list of aerodromes maintained by CASA for the purposes of the instrument.
CASA intends to only list an aerodrome until a 5G wireless broadband station (5G station) starts operating at the aerodrome, and an aerodrome may only be listed during the duration of the instrument. The instrument commences on 1 April 2026 and will be repealed at the end of 31 March 2027.
CASA has assessed the impact on aviation safety of the instrument and is satisfied that it will have no impact on aviation safety. The exemption from the new requirements for radio altimeters will only apply to an aircraft that is used for the conduct of a low-visibility approach at a listed aerodrome and CASA is not proposing to list any aerodrome at which a 5G station has started to operate in notification zones defined by ACMA.
Document incorporated by reference
The instrument incorporates a written list of aerodromes that is maintained by CASA for the purposes of the instrument. The list of aerodromes is incorporated as it exists from time to time and is freely available from the CASA website at <http://casa.gov.au> (search for “5G and aviation safety”).
Content of instrument
Section 1 names the instrument.
Section 2 provides the duration of the instrument. The instrument commences on 1 April 2026 and is repealed at the end of 31 March 2027.
Section 3 sets out the application of the instrument. The instrument applies to the operator and the pilot in command of an aircraft used for the conduct of a low-visibility approach at an aerodrome in Australian territory that is included in a written list of aerodromes, as the list exists from time to time, that is maintained by CASA for the purposes of this instrument and is published on CASA’s website. A note explains where the list, as at the instrument’s commencement, is available from on CASA’s website.
Section 4 sets out the exemptions provided by the instrument.
Subsection 4(1) provides an exemption for the pilot in command of the aircraft if Part 91 of CASR applies in relation to the aircraft’s operation. The exemption is from compliance with subregulation 91.810(2) to the extent that the subregulation requires compliance with subsection 26.26A of the Part 91 Manual of Standards.
Subsection 4(2) provides an exemption for the operator of an aeroplane if Part 121 of CASR (other than Subpart 121.Z) applies to the aircraft’s operation. The exemption is from compliance with subregulation 121.460(2) to the extent that the subregulation requires compliance with subsection 11.20A of the Part 121 Manual of Standards.
Subsection 4(3) provides an exemption for the operator of a rotorcraft if Part 133 of CASR applies to the aircraft’s operation. The exemption is from compliance with subregulation 133.360(2) to the extent that the subregulation requires compliance with subsection 11.17A of the Part 133 Manual of Standards.
Subsection 4(4) provides an exemption for the operator of an aeroplane if Part 135 of CASR applies to the aircraft’s operation. The exemption is from compliance with subregulation 135.370(2) to the extent that the subregulation requires compliance with subsection 11.21A of the Part 135 Manual of Standards.
Legislation Act 2003
Paragraph 98(5A)(a) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Additionally, paragraph 98(5AA)(a) of the Act provides 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 exempts a class of persons, that is the operator or the pilot in command of specified aircraft, from complying with provisions of CASR to a specified extent. 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.
Sunsetting
Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument because the instrument relates to aviation safety and is made under CASR (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).
However, this instrument will be repealed at the end of 31 March 2027, which will occur before the sunsetting provisions would have repealed the instrument if they had applied. Any renewal of the instrument will be subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA. Therefore, the exemption from sunsetting does not affect parliamentary oversight of this instrument.
Consultation
This instrument is a result of consultation conducted in relation to the MOS amendments instrument and CASA 06/26. Given this, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Sector risk, economic and cost impact
Subsection 9A(1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A(3) states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c) of the Act, CASA must:
(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and
(b) take into account the differing risks associated with different industry sectors.
The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.
The economic and cost impact of the instrument has been determined by:
(a) the identification of individuals and businesses affected by the instrument; and
(b) consideration of how the requirements to be imposed on individuals and businesses under the instrument will be different compared to existing requirements; and
(c) a valuation of the impact, in terms of direct costs, on individuals and businesses affected by the instrument to comply with the different requirements. This valuation is consistent with the principles of best practice regulation of the Australian Government; and
(d) a valuation of the impact the different requirements would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector and the community more broadly; and
(e) consideration of community impacts, beyond those direct impacts on individuals and businesses affected by the instrument, that are relevant if the instrument were to result in flow-on effects to other aviation businesses or local non-aviation businesses that experience a change in their activity due to the instrument.
The instrument alleviates requirements that will apply to operators and pilots in command of certain aircraft in relation to the upgrading or replacing of radio altimeters fitted to the aircraft if they wish to continue low-visibility approaches. The Office of Impact Analysis (OIA) has also made the assessment that the impact of the instrument is minor and that an Impact Analysis (IA) is not required. As there is no significant economic or cost impact on individuals or businesses, there will be no community impacts.
Impact on categories of operations
The instrument will have a beneficial effect on aircraft operations as it will enable operators of aircraft to which the instrument applies to continue to use their aircraft for low-visibility approaches at a CASA-listed aerodrome at which no 5G station is operating in the notification zone defined by ACMA for that aerodrome, even if the radio altimeters of those aircraft do not comply with the new MOS requirements requiring radio altimeters to comply with FAA performance requirements. The instrument will give operators additional time to upgrade or replace any non-compliant radio altimeters before the end of the instrument’s duration.
Impact on regional and remote communities
The instrument will have no particular impact on regional or remote communities.
Office of Impact Analysis
An IA is not required in this case, as the instrument is covered by a standing agreement between CASA and OIA under which an IA is not required for exemptions (OIA id: OIA23‑06252).
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.
Making and commencement
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Act.
The instrument commences on 1 April 2026 and is repealed at the end of 31 March 2027.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX15/26 — Aircraft Used for Low-visibility Approaches (Radio Altimeters) Exemption 2026
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 purpose of the legislative instrument is to provide relevant aircraft operators with adequate lead time to either upgrade their fitted radio altimeters or purchase replacement radio altimeters if necessary to meet new Manuals of Standards (MOS) requirements for radio altimeters. Under the new MOS requirements, radio altimeters of aircraft used for low‑visibility approaches in Australian territory must comply with the requirements for tolerance to radio frequency interference set out in a specified Airworthiness Directive (AD) of the Federal Aviation Administration of the United States of America (FAA) that applies for the kind of aircraft (aeroplane or rotorcraft).
There is currently no recognised international standard for radio altimeters which will enable them to operate without any protection from fifth-generation (5G) wireless broadband stations. The FAA AD performance requirements represent the most protective internationally recognised technical standard currently available.
The legislative instrument:
- exempts aircraft operators or the pilot in command, as appropriate, from specified provisions of CASR to the extent that they require compliance with specified MOS provisions requiring radio altimeters to comply with requirements for tolerance to radio frequency interference that are specified, for the kind of aircraft, in a specified FAA AD
- applies to the operator and the pilot in command of an aircraft used for the conduct of a low-visibility approach at an aerodrome in Australian territory that is included in a written list of aerodromes maintained by CASA for the purposes of the instrument.
The instrument will have no impact on aviation safety as CASA intends to only list aerodromes at which a 5G wireless broadband station has not started to operate. The instrument commences on 1 April 2026 and will be repealed at the end of 31 March 2027.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority