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]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) include an exemption introduced to address a specific issue regarding the provision of traffic information by UNICOM services, which are ground radio systems at aerodromes used primarily for pilots to exchange traffic information for separation purposes. The exemption, published under the Legislative Instruments Act 2003, was developed in response to the need to permit UNICOM services to provide basic traffic information despite existing regulations that restrict such services from providing advice of relevant air traffic. This exemption allows UNICOM services to relay basic traffic information as advised by the pilot of an aircraft, while ensuring that the UNICOM operator does not interfere with the primary function of the frequency used by the service. The exemption is subject to disallowance by the Parliament and has been approved by both aircraft and aerodrome operators. It is issued by a delegate of the Civil Aviation Safety Authority (CASA) and will cease to have effect at the end of November 2008.
Scope and Application
The Civil Aviation Safety Regulations 1998, through an exemption issued under the Civil Aviation Act 1988, provide specific allowances for UNICOM services at aerodromes in relation to the provision of traffic information. This exemption applies to the operators of UNICOM services, which are ground radio systems that facilitate the exchange of traffic information between pilots for separation purposes, while adhering to the limitations set out in the Manual of Standards Part 139. The exemption allows UNICOM services to relay basic traffic information as advised by pilots, provided it does not interfere with the primary function of the frequency used. The exemption is applicable nationally and is subject to disallowance by the Parliament under the Legislative Instruments Act 2003. It is in effect until the end of November 2008 and has been approved by relevant aircraft and aerodrome operators.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) include an exemption concerning the provision of traffic information by UNICOM services, as detailed in subregulation 11.160(2). The main operative sections of this exemption are sections 11.160 and 139.395 of the CASR 1998, which address the standards and operational requirements for air/ground radio services at aerodromes. The exemption specifically allows UNICOM services, which are typically used for pilots to exchange traffic information, to provide basic traffic information despite the regulatory prohibitions against non-certified services offering certain types of information. This exemption is narrowly tailored to permit the relay of information as advised by the pilot of an aircraft, provided that this does not interfere with the primary function of the UNICOM frequency.
The obligations and requirements imposed by this exemption are primarily concerned with ensuring that the provision of traffic information by UNICOM services does not conflict with the safety and operational standards set forth in the CASR 1998. Specifically, clause 3 of Schedule 2 of the exemption limits the information that can be relayed to that which is advised by the pilot, and clause 4 ensures that the UNICOM service does not interfere with its primary function of providing a means for pilots to exchange traffic information for separation purposes. Aerodrome operators must ensure compliance with these conditions to avoid regulatory penalties.
Any breach of the conditions stipulated in the exemption could result in significant civil and possibly criminal consequences. While the specific penalties are not detailed within the text, violations of the Civil Aviation Safety Regulations 1998 can lead to substantial fines and other enforcement actions. The exemption itself, being a legislative instrument, is subject to disallowance by Parliament, which underscores the importance of adhering to its terms. The exemption is designed to provide flexibility while maintaining the overarching safety standards required by the Civil Aviation Act 1988 and its associated regulations.