CASA EX183/16 - Exemption — provision of a wind direction indicator

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Legislation au F2016L02022 Not in force Legislative Instrument

Legislation content

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 nonprecision 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 nonprecision 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

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, as empowered by the Civil Aviation Act 1988. These regulations set forth numerous standards and requirements for aerodromes, including the installation and maintenance of wind direction indicators for instrument non-precision approach operations. The Civil Aviation Safety Authority (CASA) has the authority to grant exemptions from these regulations, provided that certain safety criteria are met. The exemption in question, F2016L02022, pertains to the provision of wind direction indicators and aims to address the problem of aerodromes lacking these indicators while still maintaining acceptable safety standards through alternative means of providing wind information to pilots. This exemption applies to operators of certified or registered aerodromes and is subject to specific conditions, such as the installation of an automatic weather observing system (AWOS) or the availability of an approved observer to provide wind information when the AWOS is unserviceable. The exemption was introduced to streamline the process for aerodrome operators and to ensure that the safety of air navigation is preserved.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide that operators of certified and registered aerodromes must install and maintain wind direction indicators at specified locations, particularly near the ends of runways used for instrument non-precision approach operations. However, under specific conditions, the Civil Aviation Safety Authority (CASA) may grant exemptions to these requirements, enabling aerodromes to conduct such operations without a wind direction indicator at the end of the runway. This instrument applies to any operator of a certified or registered aerodrome, and the exemptions are contingent on the installation of an automatic weather observing system (AWOS) that provides surface wind information, or an alternative approved means to deliver this information to pilots. Should the AWOS or the approved means become unserviceable, a Notice to Airmen (NOTAM) must be issued, and pilots must be informed that a circling approach is only permissible if the pilot can observe the aerodrome’s wind direction indicator before the final approach leg. This instrument also imposes conditions to ensure the safety of air navigation, such as the requirement to repair unserviceable systems promptly and to refrain from permitting instrument non-precision approach operations if the AWOS or unit remains unserviceable for 28 days. The exemptions are designed to ease the regulatory burden on aerodrome operators while maintaining safety standards, and they are subject to CASA's overarching duty to preserve acceptable levels of aviation safety.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) mandate the installation and maintenance of wind direction indicators at certified aerodromes (regulation 139.180), especially at runways used in non-precision approach operations (subregulation 139.185(1)). The standards for these indicators are outlined in the Manual of Standards (MOS), and they apply similarly to registered aerodromes (regulation 139.295). However, subregulation 139.185(3) allows the Civil Aviation Safety Authority (CASA) to grant exemptions from these requirements if certain conditions are met. These conditions include the presence of an automatic weather observing system (AWOS) that provides surface wind information, an approved observer with a communication link to pilots, or another means approved by CASA. The authority to grant such exemptions is provided under section 11.160 of CASR 1998, with the paramount consideration being the preservation of acceptable aviation safety levels. The exemptions granted under this instrument apply to operators of both certified and registered aerodromes. For certified aerodromes, the exemption relieves operators from the requirement to have wind direction indicators near the end of runways used in instrument non-precision approach operations (subsection 3(1)). For registered aerodromes, the exemption pertains to the application of subregulation 139.185(1) as modified by regulation 139.295 (subsection 3(2)). The exemptions are contingent upon the installation of an AWOS compatible with the Bureau of Meteorology’s weather observing system and capable of providing surface wind information through an aerodrome weather information broadcast. If the AWOS or broadcast unit is unserviceable, the operator must notify pilots via a Notice to Airmen (NOTAM) that the straight-in instrument approach procedure minima are unavailable, or ensure that an approved observer provides surface wind information. The operator must also ensure the AWOS or unit is repaired promptly and must not permit instrument non-precision approach operations if the system remains unserviceable for 28 days. CASA has the authority to impose conditions on any granted exemptions to ensure the safety of air navigation (subregulation 11.205(1)). Any exemption granted must be published on the Internet (regulation 11.225) and will cease no later than three years after its commencement (subregulation 11.230(1)). This legislative instrument, made under section 98 of the Civil Aviation Act 1988 and section 8(4) of the Legislation Act 2003, is classified as a legislative instrument due to its application to a class of persons (paragraph 98(5AA)(a) of the Act). The instrument was reissued to replace an earlier exemption that expired on 30 November 2016, providing a general exemption to all operators of certified and registered aerodromes, thus relieving them of the need to apply for individual exemptions. In terms of compliance and enforcement, any breach of the conditions stipulated in the exemption could result in CASA taking appropriate action to ensure compliance or revoking the exemption, thereby reinstating the original regulatory requirements. The specific penalties for non-compliance are not detailed in the instrument but would generally align with those applicable under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, which could include fines and other regulatory sanctions. The instrument is also accompanied by a Statement of Compatibility with Human Rights, which confirms that the legislative instrument does not engage any of the applicable rights or freedoms as recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

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