CASA EX150/14 - Exemption from subregulation 139.190(1) of CASR 1998 – requirement to provide a VASIS

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L01552 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption from subregulation 139.190 (1) of the Civil Aviation Safety Regulations 1998 — requirement to provide a VASIS

Purpose

This instrument applies to the operator of a certified aerodrome (the operator) in relation to the provision of a visual approach slope indicator system (VASIS) for a runway that is regularly used by jet-propelled aircraft conducting charter operations.

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

 

Exemptions

Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), and for subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from a provision of the Civil Aviation Regulations 1988 (CAR 1988), CASR 1998 or a Civil Aviation Order in relation to a matter mentioned in subsection 98 (5A).

 

Under subregulation 11.160 (2) of CASR 1998, an exemption may be granted to a person or a class of persons.

 

Under regulation 11.205 of CASR 1998, CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation.

 

Under regulation 11.225, CASA must, as soon as practicable, publish on the Internet details of all exemptions under Subpart 11.F.

 

Under subregulation 11.230 (1), an exemption may remain in force for 3 years or for a shorter period specified in the instrument.

 

Background

Subregulation 139.190 (1) of CASR 1998 states that the operator of a certified aerodrome must, in accordance with the standards for VASIS set out in the Manual of Standards, provide a VASIS for the end of a runway at the aerodrome if that end is regularly used as the approach end for jet-propelled aircraft conducting regular public transport operations or charter operations.

 

The Manual of Standards (MOS) – Part 139 Aerodromes (Part 139 MOS) provides in paragraph 1.1.1.2A that the standards set out in it for a VASIS apply only to aerodromes used by aeroplanes with a maximum take-off weight in excess of 5 700 kg engaged in regular public transport operations.

 

That provision will be removed on 13 November 2014. As a result, this instrument has been prepared to replace it and exempts operators of aerodromes that are regularly used by jet-propelled aircraft conducting charter operations from providing a VASIS in accordance with subregulation 139.190 (1) of CASR 1998 in order to preserve the current position.

 

Conditions

Three safety conditions have been included:

1. this exemption does not apply if the runway is used by jet-propelled aircraft that are engaged in regular public transport operations.

2. this exemption does not apply to certified aerodromes that have a VASIS installed at the commencement date.

3. the exemption does not affect CASA’s power under subregulation 139.190 (2) to issue a direction to the operator of an aerodrome to which this exemption applies to provide an approved VASIS, if CASA considers it necessary in the interests of the safety of aircraft.

 

Duration

The exemption is expressed to operate up to the end of November 2016 or the commencement of Parts 119, 121 and 135 of CASR 1998, whichever happens first. It commences on the day of registration.

 

Legislative Instruments Act 2003 (the LIA)

Exemptions under Subpart 11.F of CASR 1998 are “for subsection 98 (5A)” of the Act, that is, for regulations which empower the issue of certain instruments, like exemptions, in relation to (a) matters affecting the safe navigation and operation, or the maintenance, of aircraft, and (b) the airworthiness of, or design standards for, aircraft.

 

The exemption is clearly one in relation to matters affecting the safe navigation and operation of aircraft. Under subsection 98 (5AA) of the Act, an exemption issued under paragraph 98 (5A) (a), for such matters, is a legislative instrument if expressed to apply in relation to a class of persons, a class of aircraft or a class of aeronautical products (as distinct from a particular person, aircraft or product).

 

The exemption applies to a class of persons (operators of certified aerodromes) and is, therefore, a legislative instrument subject to registration, and tabling and disallowance in the Parliament, under sections 24, and 38 and 42, of the LIA.

 

Consultation

For section 17 of the LIA, CASA considers that formal consultation is not necessary in this case. The exemption preserves the application of paragraph 1.1.1.2A of the Part 139 MOS in relation to the provision of a VASIS. It is subject to conditions ensuring that existing services continue to be provided.

 

Paragraph 1.1.1.2A originally mentioned that aerodromes supporting charter operations would become subject to the standards in Part 139 MOS with the commencement of CASR Parts 121A and 121B. This future requirement is still CASA’s intended end-state. However, this will now occur with the commencement of CASR Parts 119, 121 and 135.

 

Office of Best Practice Regulation

A Regulation Impact Statement is not required. The exemption is of beneficial effect for the class of operators. It will have a nil negative impact on business.

 

Statement of Compatibility with Human Rights

The Statement in Appendix 1 is 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.

 

Commencment and making

As previously stated, the exemption commences on the day of registration. It expires at the end of November 2016, or the commencement of Parts 119, 121 and 135 of CASR 1998, whichever happens first.

 

The exemption has been issued by the Acting Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.

 

[Instrument number CASA EX150/14]

Appendix 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

Civil Aviation Safety Regulations 1998

Exemption from subregulation 139.190 (1) of the Civil Aviation Safety
Regulations 1998 requirement to provide a VASIS

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.

Subregulation 139.190 (1) of CASR 1998 states that the operator of a certified aerodrome must, in accordance with the standards for visual approach slope indicator systems set out in the Manual of Standards, provide an approved visual approach slope indicator system (VASIS) for the end of a runway at the aerodrome if that end is regularly used as the approach end for jet-propelled aircraft conducting regular public transport operations or charter operations.

 

The exemption applies to the operators of certified aerodromes and exempts them from compliance with that subregulation in relation to charter operations conducted by jetpropelled aircraft. It replaces a provision included in the Manual of Standards (MOS) – Part 139 Aerodromes.

 

The exemption in 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. The 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

Overview

The Civil Aviation Safety Regulations 1998 Exemption from subregulation 139.190(1) of the Civil Aviation Safety Regulations 1998 — Requirement to Provide a VASIS was enacted to address the specific issue of exempting the operators of certified aerodromes from the requirement to provide a visual approach slope indicator system (VASIS) for runways regularly used by jet-propelled aircraft conducting charter operations. This exemption was introduced to preserve the current position until the commencement of Parts 119, 121, and 135 of the Civil Aviation Safety Regulations 1998, or until the end of November 2016, whichever occurs first. The exemption is intended to ensure that the safety of air navigation is not compromised while the regulation is updated. The exemption was issued by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988 and is subject to specific safety conditions that must be adhered to. Furthermore, the exemption is a legislative instrument and has undergone the necessary scrutiny, including a statement of compatibility with human rights, ensuring it does not conflict with any human rights obligations.

Scope and Application

This legislative instrument pertains to operators of certified aerodromes in Australia, specifically addressing the requirement to provide a Visual Approach Slope Indicator System (VASIS) for runways regularly used by jet-propelled aircraft conducting charter operations. Under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the power to grant exemptions from certain safety regulations, and this instrument provides such an exemption for the mentioned VASIS requirement, as outlined in subregulation 139.190(1) of the Civil Aviation Safety Regulations 1998. The exemption is intended to maintain the status quo until a future change in regulations, ensuring that aerodromes remain compliant with safety standards while accommodating the transitional phase. The exemption is subject to specific conditions, including that it does not apply if the runway is used for regular public transport operations or if a VASIS is already installed. Additionally, CASA retains the authority to direct the provision of a VASIS if deemed necessary for aircraft safety. The exemption is in effect until the end of November 2016 or the commencement of Parts 119, 121, and 135 of the Civil Aviation Safety Regulations 1998, whichever occurs first. The instrument is registered under the Legislative Instruments Act 2003 and is compatible with human rights as it does not raise any human rights issues.

Key Provisions

This instrument primarily operates under subregulation 139.190(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), which generally requires the operator of a certified aerodrome to provide a visual approach slope indicator system (VASIS) for the end of a runway that is regularly used by jet-propelled aircraft conducting charter operations. However, the exemption provided by this instrument allows operators of aerodromes that are regularly used by jet-propelled aircraft conducting charter operations to not comply with this requirement, provided certain conditions are met. The exemption is effective until the end of November 2016, or the commencement of Parts 119, 121, and 135 of CASR 1998, whichever happens first. The Act imposes specific obligations on the parties it governs. The operators of certified aerodromes must ensure that the exemption is applied correctly and only under the specified conditions. The exemption does not apply if the runway is used by jet-propelled aircraft engaged in regular public transport operations, if the aerodrome already has a VASIS installed at the commencement date of the exemption, or if CASA issues a direction for the operator to provide an approved VASIS. Additionally, CASA retains the authority to issue such directions if it considers it necessary for the safety of aircraft. For breaches of the conditions or any non-compliance with the safety standards, there are potential civil and criminal consequences. The maximum penalties for contraventions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can include substantial fines and imprisonment. The exact penalties depend on the nature and severity of the breach but can reach up to thousands of Australian dollars in fines and imprisonment for up to two years for serious offences. CASA has the power to enforce these penalties and take appropriate actions against non-compliant operators to ensure the safety of air navigation.

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.