Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Part 139 of CASR 1998 -— provision of traffic information by UNICOM services
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 2 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 proposed exemption has been approved by aircraft operators and aerodrome operators.
The instrument commences on the day after it is registered and stops having effect at the end of November 2008.
The exemption has been issued by a delegate of CASA, under subregulation 7 (1) of the Civil Aviation Regulations 1988.
[Instrument number CASA EX59/07]