Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Part 139 of CASR 1998 – provision of traffic information by UNICOM services
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 139.385 (2) of the Civil Aviation Safety Regulations 1998 (CASR 1998) sets out standards in the Manual of Standards Part 139 (MOS 139) that relate to frequency confirmation systems. A frequency confirmation system is defined as a ground radio system at an aerodrome that, if it receives a transmission from an aircraft on the radio frequency for the aerodrome, sends a signal or message to the aircraft confirming that the transmission has been received. One of the methods by which a frequency confirmation system may be provided is a UNICOM service. The primary function of the frequency used for a UNICOM service is to provide the means for pilots to exchange traffic information for separation purposes. A UNICOM service also provides under paragraph 14.4.1.3 of MOS 139 certain information relating to the aerodrome.
Regulation 139.395 of CASR 1998 states that the operator of an aerodrome must not operate, or permit to be operated, at the aerodrome an air/ground radio service that is not a certified air/ground radio service (CA/GRS). One of the functions of a CA/GRS as set out in MOS 139 is to provide advice of relevant air traffic. Under MOS 139, a UNICOM service is not permitted to provide that advice.
This exemption permits a UNICOM service to provide basic traffic information as to air traffic in spite of subregulation 139.385 (2) and regulation 139.395 of CASR 1998. The exemption extends only to the provision of basic traffic information. This is limited under clause 3 of Schedule 3 to the exemption, to the relay of information as advised by the pilot of an aircraft. Clause 4 stipulates that when providing that information the UNICOM operator must not interfere with the primary function of the frequency used by the service.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instrument Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under regulation 11.215 of CASR 1998, an exemption under regulation 11.160 is a disallowable instrument. As a legislative instrument, the exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation has been carried out in accordance with section 17 of the LIA. The instrument revokes and remakes a previous instrument CASA EX59/07 with the addition of more aerodromes. The exemption has been approved by aircraft operators and the aerodrome operators.
The instrument commences on the day after it is registered and stops having effect at the end of 30 April 2009.
The instrument has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Instrument number CASA EX40/08]
Overview
The Civil Aviation Safety Regulations 1998, as amended by F2008L02071, introduce an exemption to the provision of traffic information by UNICOM services at aerodromes. Enacted by the Australian Government, this legislative instrument addresses the gap in allowing UNICOM services to provide basic traffic information while ensuring it does not interfere with their primary function of facilitating pilot communication for separation purposes. This exemption specifically allows UNICOM services to relay information as advised by aircraft pilots, subject to certain conditions outlined in the regulation. The instrument was developed in consultation with aircraft and aerodrome operators and is subject to disallowance under the Legislative Instruments Act 2003. It commences on the day after its registration and remains in effect until 30 April 2009.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) includes an exemption for the provision of traffic information by UNICOM services, which applies to aerodromes within Australia. This exemption allows UNICOM services to provide basic traffic information concerning air traffic, as advised by pilots, despite certain provisions in the regulations that would otherwise restrict such activities. The exemption is specifically tailored to the primary function of UNICOM services, which is to facilitate the exchange of traffic information among pilots to ensure separation. This exemption is limited to the relay of information as advised by the pilot and prohibits any interference with the primary function of the UNICOM frequency. The exemption applies to aerodrome operators who provide UNICOM services and is subject to disallowance under the Legislative Instruments Act 2003. The instrument has been developed in consultation with aircraft operators and aerodrome operators and is effective until the end of 30 April 2009. The exemption is issued by the Director of Aviation Safety on behalf of CASA, under the authority granted by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions that govern the use of frequency confirmation systems at aerodromes, as well as the operation of air/ground radio services. Specifically, subregulation 139.385(2) outlines the standards for frequency confirmation systems, which are ground radio systems that confirm receipt of transmissions from aircraft. One way to provide such a service is through a UNICOM service, which primarily serves to facilitate the exchange of traffic information among pilots to maintain separation. Despite the clear delineation in regulation 139.395 that aerodrome operators must not operate non-certified air/ground radio services, this particular exemption allows UNICOM services to provide basic traffic information, subject to certain conditions. This information must be relayed as advised by pilots and must not interfere with the primary function of the UNICOM frequency.
The obligations imposed by this legislation are primarily on the operators of aerodromes. They are required to ensure that any UNICOM service provided adheres strictly to the conditions set forth in the exemption. Specifically, operators must facilitate the exchange of basic traffic information as advised by pilots, without compromising the primary function of the UNICOM frequency. Moreover, operators must ensure that the provision of this information does not interfere with the operational safety and efficiency of the aerodrome. Compliance with these obligations is crucial to maintain the safety and effectiveness of air traffic management in the vicinity of the aerodrome.
Failure to comply with the conditions of this exemption can result in serious consequences. Under the Civil Aviation Act 1988, any breach of the regulations can lead to enforcement actions. The specific consequences can range from fines to more severe penalties, depending on the nature and severity of the breach. The maximum penalties for contravening civil aviation regulations can include substantial fines, as well as potential criminal charges if the breach results in significant safety risks or harm. These measures underscore the importance of adhering to the provisions and conditions outlined in the exemption to avoid adverse legal and safety repercussions.