CASA EX57/11 – Exemption – air traffic controllers for Launceston and Hobart

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — air traffic controllers for Launceston and Hobart

Purpose

The purpose of this instrument is to exempt certain Airservices Australia (AA) air traffic controllers, engaged in approach control for Launceston and Hobart aerodromes, from the requirement to hold an approach control rating in certain circumstances.

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.

Legislation — air traffic controllers

Part 65 of the Civil Aviation Safety Regulations 1998 (CASR 1998) deals with the performance of functions in connection with providing air traffic services (other than for the Defence Force).

Under subregulation 65.035 (1) of CASR 1998, a person may carry out an air traffic control (ATC) function in Australian territory if he or she holds a current ATC licence, with a current rating for the function, and a current and recency-compliant endorsement for the place or airspace where the function is carried out.

Under regulation 65.045 of CASR 1998, it is a strict liability offence for a person who is not authorised to do so by subregulation 65.035 (1) to carry out an ATC function in Australian territory.

Approach control is an ATC service for arriving and departing aircraft at an aerodrome and a person performing this service requires an approach control rating.

Legislation — exemptions

Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. Under subregulation 11.160 (3), CASA may grant an exemption of its own initiative. Under subregulation 11.170 (3), 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), 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, 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 2 years after its commencement) or, if no day is specified, 2 years after commencement.

Background

In and over Tasmania, AA provides air traffic services, including ATC service, flight information service, and alerting service. During notified hours of operation, Launceston (LT) and Hobart (HB) aerodromes have local ATC units which provide aerodrome control service and approach control service for arriving and departing aircraft in the airspace surrounding these aerodromes — up to 8 500 feet above mean sea level (AMSL).

During LT and HB ATC operating hours, area control service for en route aircraft in the controlled airspace above 8 500 feet AMSL over Tasmania, is provided from Melbourne (ML) Centre.

ML Centre provides flight information and alerting service (but not ATC) in all Class G airspace at all times.

Outside of LT and HB ATC hours of operation, the controlled airspace below Flight Level (FL) 125, normally divided between LT, HB and ML ATC units, reverts to Class G and ML Centre provides provides flight information and alerting service (but not ATC) in this reverted airspace.

Outside of LT and HB ATC hours of operation, ML Centre continues to provide area control service above FL 125. But, in effect, the current system involves the absence of overnight approach control service in the affected airspace.

AA Proposal

AA has submitted to CASA a proposal for changing the services provided in the airspace above Launceston and Hobart aerodromes for those times outside the hours of operation of the LT and HB ATC units. When LT and HB ATC units are closed, ML Centre would provide ATC service within the lateral confines of the airspace normally assigned to LT and HB from 1 500 ft AMSL and upwards.

The issue

While the ML Centre air traffic controllers hold an ATC licence, area control ratings, and endorsements for provision of an area control function within the Tasmanian airspace, the function provided to aircraft in the airspace between 1 500 ft AMSL and FL 125 is approach control which requires the person performing the function to hold an approach control rating.

The award of an approach control rating normally requires the applicant to undertake a comprehensive course of training in approach control techniques and to gain competence in a variety of scenarios including busy and light air traffic.

AA has asked that the relevant named air traffic controllers be granted an exemption from this requirement specifically for the overnight approach control function for LT and HB when traffic volumes are very light.

CASA consideration

CASA has examined the AA safety case for this proposal, in which AA has proposed that named air traffic controllers with an area control rating and with some but not all of the prescribed training for the approach control rating would have sufficient skill and competence to provide safe air traffic services in approach control for LT and HB.

Specifically, AA has submitted that named air traffic controllers are already trained, qualified and experienced in providing air traffic services in the Tasmanian region. This existing familiarity is coupled with the fact that traffic levels and complexities during the relevant overnight times would be much lower than the same controllers routinely manage during daytime hours.

In addition, each named controller must undergo an intensive training program culminating in simulator evaluation exercises involving traffic scenarios busier and more complex than those likely to occur in normal operations overnight in relevant Tasmanian airspace.

In considering and evaluating the proposal, CASA has closely reviewed the safety case, interviewed several AA personnel directly involved in the proposed operation, including training personnel, controllers involved and the regional services manager. CASA also had the opportunity to observe several training and evaluation exercises.

In light of this, for the terms of the specific proposal only, CASA has granted the named controllers an exemption from the requirement to formally hold an approach control rating.

The exemption is, however, subject to a number of conditions, and its applicability is tightly restricted to the Tasmanian airspace proposal which has ameliorating features and for which the named controllers have been trained to an acceptable level. In particular, the exemption includes several conditions aimed at ensuring the named controllers are not overloaded during the proposed hours of operation of the arrangement.

CASA also understands that AA will be conducting a post-implementation review (PIR) of the arrangement and CASA will review this PIR with a view to reconsidering the exemption or extending it as appropriate. In addition, through monitoring of day-to-day incident reporting, relevant CASA officers can and will take any necessary action to address deficiencies in the arrangement or the exemption instrument.

Exemption

The exemption, therefore, exempts the named air traffic controllers from the requirements under CASR 1998 to formally hold an approach control rating.

Details of the exemption are set out in Appendix 1.

The exemption will operate until the end of 1 June 2013, unless reviewed and withdrawn or extended before that date,

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 of this kind 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 was carried out with AA on the basis of the safety case proposed to ensure the safety of the proposed arrangement. Subject to certain conditions, the exemption is beneficial in that it relieves of an obligation.

Office of Best Practice Regulation (OBPR)

The exemption is of beneficial effect. OBPR does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that it will have only a nil to low impact on business.

Commencement and making

The exemption commences on 2 June 2011 after it is registered and stops having effect at the end of 1 June 2013.

The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

[Instrument number CASA EX57/11]

Appendix 1

Details of exemption instrument CASA EX57/11

1 Duration

 Under this section, the instrument commences on 2 June 2011, and stops having effect at the end of 1 June 2013.

2 Application

 Under this section, the instrument applies to each person mentioned in Schedule 1 (a relevant air traffic controller) in respect of his or her performance of ATC functions in the form of approach control for the following airspace, time and duty:

(a) the airspace between 1 500 ft and FL 125, designated in the Designated Airspace Handbook as Controlled Airspace Class D and Controlled Airspace Class C for Launceston and Hobart (the applicable airspace);

(b) daily between 09.45 p.m. and 06.15 a.m. (local time in Tasmania);

(c) when he or she is providing ATC services exclusively for the TAS and HUON airspace sector.

3 Exemption

 Under this section, each relevant air traffic controller is exempt from subregulations 65.035 (1) and 65.045 (1) of CASR 1998, but only to the extent that his or her performance of ATC functions in the form of approach control mentioned in section 2 would otherwise require an approach control rating.

4 Conditions

 Under this section, the exemption is subject to the conditions mentioned in Schedule 2.

Schedule 1 Persons to whom the exemption applies

Schedule 1 lists the named air traffic controllers (with aviation reference numbers) as follows:

Schedule 2 Conditions

Schedule 2 sets out the conditions that must be satisfied for the exemption to apply and continue to apply.

 1Under this clause, each relevant air traffic controller must meet, in respect of his or her licence, area ratings and endorsements, the currency and recency requirements for the provision of air traffic services in the TAS and HUON airspace sectors, as required by or under Part 65 of CASR 1998.

 2Under this clause, each relevant air traffic controller must hold at least an area control rating,  and have completed those parts of the prescribed training for an approach control rating that are relevant to approach control in the applicable airspace.

 3Under this clause, AA must have air traffic management plans in place designed to ensure that air traffic levels and complexity in the TAS and HUON airspace sectors do not exceed the competency level of the relevant air traffic controller on duty at any time, as measured through simulation and checking of the controller during endorsement raining.

 4Under this clause, each relevant air traffic controller must act in accordance with the requirements of the AA air traffic management plans mentioned in clause 3.