Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — provision of a wind direction indicator
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.
Regulation 139.180 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that the operator of a certified aerodrome must, in accordance with the standards for wind direction indicators set out in the Manual of Standards (the MOS), install and maintain at least 1 wind direction indicator at the aerodrome.
Subregulation 139.185 (1) of CASR 1998 provides that if a runway at a certified aerodrome is used in non-precision approach operations, the operator of the aerodrome must ensure that there is a wind direction indicator near the end or ends of the runway at which instrument non-precision approach operations can be conducted.
Subpart 139.C of CASR 1998 relates to registered aerodromes, and includes regulation 139.295.
Regulation 139.295 of CASR 1998 provides that the standards applicable to registered aerodromes are the standards applicable to certified aerodromes in relation to specified matters, including wind direction indicators, and other standards set out in the MOS that are applicable to registered aerodromes.
Subregulation 139.185 (3) provides that CASA may grant an exemption to the operator under regulation 11.160 from compliance with subregulation 139.185 (1) only if CASA is satisfied that surface wind information is passed to the pilots of aircraft approaching the runway by 1 of 3 specified means. The first of those means is an automatic weather observing system (AWOS) that is compatible with the Bureau of Meteorology’s weather observing system and provides surface wind information through an aerodrome weather information broadcast. The second of those means is an approved observer having a communication link with pilots through which timely information about surface wind can be clearly passed to pilots. The third of those means is any other means, approved by CASA, of providing surface wind information. Therefore, for CASA to grant an exemption from compliance with subregulation 139.185 (1) in circumstances where surface wind information is not able to be passed to pilots by an AWOS or an approved observer, CASA must have approved another means of providing surface wind information.
Under subregulation 11.160 (1) of CASR 1998, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, 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 11.160 (3), CASA may grant an exemption either on application or on its own initiative. Under subregulation 11.170 (3), in making its decision whether to grant an exemption, CASA must regard as paramount the preservation of a level of aviation safety that is at least acceptable.
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.
Background
For an aerodrome that does not have a wind direction indicator at the threshold of a runway, it is acceptable for the aerodrome to have a serviceable AWOS and an aerodrome weather information broadcast unit that provides surface wind information. In the event that the AWOS or broadcast unit is temporarily unserviceable, it is acceptable for the wind surface information to be provided to pilots by an approved observer through a communication link.
In the event that the AWOS or broadcast unit is temporarily unserviceable and there is no approved observer with a communication link to pilots, the safety of an approach operation will depend on the pilot’s ability to obtain surface wind information from another source. In these circumstances, it is acceptable to CASA for the pilot to conduct a circling approach during which the pilot is able to observe the aerodrome’s wind direction indicator before the final approach leg. However, the level of safety of a straight-in instrument non-precision approach is not considered to be acceptable in these circumstances.
Instrument
This instrument applies to any operator of a certified or registered aerodrome (the operator).
The exemption in subsection 3 (1) exempts the operator of a certified aerodrome from compliance with subregulation 139.185 (1) of CASR 1998, in relation to the conduct of instrument non-precision approach operations to a runway. The exemption in subsection 3 (2) exempts the operator of a registered aerodrome from compliance with the requirements of subregulation 139.185 (1), as they are applied to registered aerodromes by regulation 139.295. The effect of the instrument is to enable aircraft to conduct instrument non-precision approaches to aerodromes in the absence of a wind direction indicator near the end of the runway.
The exemptions are subject to the conditions in section 4 which include the installation of an AWOS at the aerodrome that is compatible with the Bureau of Meteorology’s weather observing system and that provides surface wind information through an aerodrome weather information broadcast. This is in accordance with one of the specified criteria for the grant of an exemption in subregulation 139.185 (3) of CASR 1998.
In the event that an AWOS or the weather information broadcast unit is unserviceable, the operator must ensure that a Notice to Airmen (NOTAM) is issued that notifies pilots that the straight-in instrument approach procedure minima are not available, and that a circling approach is only available if the pilot is able to observe the aerodrome’s wind direction indicator before the final approach leg. Alternatively, the operator must ensure that surface wind information is passed to pilots of aircraft approaching the runway by an approved observer who has a communication link with pilots through which timely information about surface wind can be clearly passed to pilots. These conditions reflect the other criteria in subregulation 139.185 (3) of CASR 1998, for the grant of an exemption.
In any event, the AWOS or unit must be repaired as soon as possible. If the AWOS or unit remains continuously unserviceable for 28 days, the operator must not permit instrument non‑precision approach operations at the aerodrome until the AWOS and unit are serviceable.
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 made for subsection 98 (5A) is a legislative instrument if the instrument is expressed to apply to a class of persons. As the instrument is made for subsection 98 (5A) and exempts a class of persons from complying with the relevant provisions in subregulation 139.185 (1) and Subpart 139.C of CASR 1998, the instrument is a legislative instrument.
Consultation
This instrument reissues an earlier general exemption that expired on 30 November 2016. The earlier exemption was made in response to requests from several aerodrome operators in respect of specific aerodromes. Rather than issue individual exemptions to those aerodrome operators, CASA issued a general exemption to all operators of certified and registered aerodromes. No issues have been raised by industry in relation to the earlier exemption.
The provisions of the earlier instrument and the current instrument are beneficial to aerodrome operators, and also relieve individual aerodrome operators of the need to apply for, and pay fees associated with, individual exemptions for the aerodromes that they operate. 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 expires at the end of 30 November 2019.
[Instrument number CASA EX183/16]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — provision of a wind direction indicator
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
This legislative instrument is a general exemption applying to any operator of a certified or registered aerodrome. It exempts the aerodrome operator from compliance with the requirement to have a wind direction indicator near the end or ends of a runway used in instrument non‑precision approach operations, in accordance with the conditions for such an exemption in subregulation 139.185 (3) of the Civil Aviation Safety Regulations 1998. The exemption is subject to conditions, in the interests of the safety of air navigation, including that an automatic weather observing system is installed at the aerodrome that provides surface wind information to pilots of aircraft approaching the runway, and that a suitable alternative means of providing surface wind information is available if the system is unserviceable.
The purpose of the instrument is to relieve aerodrome operators of the requirement for additional wind direction indicators in circumstances where a suitable means of providing surface wind information to pilots is in place.
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