Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — recency requirement
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.
Regulation 65.025 of the Civil Aviation Regulations 1998 (CASR 1998) provides that the holder of an ATC licence or a flight service licence satisfies the recency requirement in relation to an endorsement at a particular time, if he or she has performed the duties required by the relevant function at the aerodrome, or in relation to the airspace to which the endorsement relates, for at least 5 hours within the previous 21 days.
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. Airservices Australia (AA) has applied for an exemption. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
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 11.210, it is an offence to fail to comply with a condition of an exemption.
Under regulation 11.225 of CASR 1998, an exemption must be published on the World Wide Web. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 2 years after its commencement), or if no day is specified, 2 years after commencement.
AA reviewed the recency requirement of regulation 65.025 of CASR 1998 and noted that AA staff in Sydney are unable to use the Precision Runway Monitoring simulator (PRMS) to meet the recency requirement of subregulation 65.025 (1) of CASR 1998 as operational and weather conditions often do not require operation of the PRMS for periods in excess of 21 days. The use of the PRMS was identified as risk mitigation in the 2002 PRM Safety Case in the case of controller recency training and emergency operations. The numbers of emergency breakouts that occur per year are estimated by AA to be less than an average of 2 per year, so the PRMS is integral to ATC training for this situation, using both runway directions.
The instrument exempts ATC licence or flight licence holders from the recency requirement in subregulation 65.025 (1) of CASR 1998. The exemption will recognise periods spent on the PRMS as satisfying the recency requirement of regulation 65.025. To ensure the safety of air navigation, conditions have been imposed. The holder of an ATC licence or flight service licence must perform at least 5 hours of duties within the previous 21 days. AA must advise CASA in writing of any proposed changes to the PRMS. CASA must approve any changes to the PRMS. CASA has also visited the facility.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments 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. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has been undertaken. CASA consulted AA. AA also consulted the airport operator. No adverse comments were received.
The instrument commences on the day after it is registered and stops having effect at the end of July 2010.
The exemption has been made by a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX51/08]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation, as provided under the Civil Aviation Act 1988. This particular legislation, F2008L02651, addresses a gap in the existing regulations by providing an exemption from the recency requirement for Air Traffic Control (ATC) licence or flight service licence holders, specifically regarding the Precision Runway Monitoring simulator (PRMS) in Sydney. The problem identified was that operational and weather conditions often did not require the use of the PRMS for periods in excess of 21 days, making it difficult for Airservices Australia (AA) staff to meet the recency requirement. The policy objective is to maintain an acceptable level of safety while allowing for flexibility in meeting the recency requirement.
The instrument was developed by a delegate of the Civil Aviation Safety Authority (CASA) under subregulation 7(1) of CAR 1988 and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The exemption recognises periods spent on the PRMS as satisfying the recency requirement, with conditions imposed to ensure safety, such as performing at least 5 hours of duties within the previous 21 days and CASA approving any changes to the PRMS. The exemption will cease at the end of July 2010, or earlier if specified.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) govern the safety standards for aviation activities in Australia, with the overarching aim of ensuring the safety of air navigation. Specifically, regulation 65.025 of CASR 1998 mandates that holders of Air Traffic Control (ATC) licences or flight service licences must satisfy a recency requirement by performing certain duties for at least five hours within the previous 21 days to maintain the necessary proficiency. However, the Civil Aviation Safety Authority (CASA) has the authority under subregulation 11.160 of CASR 1998 to grant exemptions from these regulations, provided the exemption maintains an acceptable level of safety. In this instance, Airservices Australia (AA) applied for an exemption concerning the use of the Precision Runway Monitoring simulator (PRMS) to meet the recency requirement. CASA granted the exemption, recognising periods spent on the PRMS as satisfying the recency requirement, subject to specific conditions to ensure safety, including CASA's approval of any changes to the PRMS and AA's written notification of such changes. The exemption is classified as a disallowable instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. The exemption will cease by the end of July 2010 unless terminated earlier.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) provide specific requirements for the recency of duties performed by holders of Air Traffic Control (ATC) licences or flight service licences. Under regulation 65.025, these holders must perform the duties required by the relevant function at an aerodrome, or in relation to the airspace to which their endorsement relates, for at least 5 hours within the previous 21 days to meet the recency requirement. This regulation is intended to ensure that personnel maintain the necessary skills and familiarity with their duties to maintain a high safety standard in air navigation.
Airservices Australia (AA) applied for an exemption from these recency requirements, particularly regarding the use of the Precision Runway Monitoring simulator (PRMS) in Sydney, where operational and weather conditions often do not necessitate the use of the PRMS for extended periods. The exemption, granted by the Civil Aviation Safety Authority (CASA), recognises periods spent on the PRMS as satisfying the recency requirement. However, this exemption comes with conditions. Specifically, the exemption stipulates that the holder of an ATC licence or flight service licence must still perform at least 5 hours of duties within the previous 21 days. Additionally, AA is required to inform CASA in writing of any proposed changes to the PRMS, and CASA must approve any such changes.
Failure to comply with a condition of an exemption is an offence under regulation 11.210 of CASR 1998. The exemption, which is a legislative instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003, must be tabled and can be disallowed in the Parliament under sections 38 and 42 of the same Act. The exemption was made by a delegate of CASA, as permitted under subregulation 7(1) of the Civil Aviation Regulations 1988 (CAR 1988). It is also subject to publication on the World Wide Web under regulation 11.225 of CASR 1998 and will cease to have effect at the end of July 2010, or after the specified duration if no end date is set, but no later than 2 years from its commencement.