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 not been undertaken. This is a renewal of a previous instrument, CASA EX51/08, which was made after appropriate consultation.
The instrument commences on 1 August 2010 and stops having effect at the end of July 2012.
The exemption has been made by the Director Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX64/10]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide a regulatory framework aimed at ensuring the safety of air navigation in Australia. The need for such legislation arose from the necessity to establish comprehensive safety standards and operational guidelines to safeguard the increasingly complex and critical field of civil aviation. Under the authority granted by the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) was established to administer these regulations. A key aspect of the CASR 1988 is the ability to grant exemptions from certain regulatory provisions to maintain safety standards, as long as these exemptions do not compromise air navigation safety. The policy objective underlying these exemptions is to balance operational efficiency and safety by allowing flexibility in meeting regulatory requirements where strict adherence may not be operationally feasible or safe.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 applies to individuals and entities involved in civil aviation within Australia, particularly those who hold an Air Traffic Control (ATC) licence or a flight service licence. The exemption regulation pertains specifically to the recency requirement for these licence holders, allowing them to meet their currency obligations by using the Precision Runway Monitoring simulator (PRMS) at Sydney, even if operational or weather conditions do not necessitate the use of the simulator for extended periods. This regulation recognises the importance of the PRMS in training for emergency situations, which occur infrequently but are critical for safety. The exemption, which is subject to conditions set by the Civil Aviation Safety Authority (CASA), ensures that safety standards are maintained while providing flexibility in meeting the recency requirements. The exemption is a legislative instrument, subject to disallowance in Parliament, and follows the renewal of a previous exemption without requiring further consultation as it builds on previously consulted measures. It is applicable from 1 August 2010 until 31 July 2012, providing a temporary framework to address the specific challenges faced by Airservices Australia in Sydney.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998 (CASR 1998) are detailed in the instrument F2010L02148, which exempts Airservices Australia (AA) from the recency requirement for Air Traffic Control (ATC) licence or flight service licence holders to perform duties at specific aerodromes or in specific airspace. Subsection 98(1) of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act, and regulation 65.025 of CASR 1998 stipulates that licence holders must perform duties for at least 5 hours within the previous 21 days to satisfy the recency requirement. The exemption, granted under subregulation 11.160(1) of CASR 1998, recognises periods spent on the Precision Runway Monitoring simulator (PRMS) as satisfying the recency requirement.
Airservices Australia has applied for and been granted this exemption due to operational and weather conditions that often do not require the use of the PRMS for periods exceeding 21 days. The exemption allows ATC licence or flight service licence holders to satisfy the recency requirement by performing duties on the PRMS, with conditions imposed to ensure the safety of air navigation. These conditions include performing at least 5 hours of duties within the previous 21 days, and any proposed changes to the PRMS must be approved by the Civil Aviation Safety Authority (CASA). CASA has also visited the facility to ensure compliance with safety standards.
The obligations imposed by this Act require AA to notify CASA in writing of any proposed changes to the PRMS. CASA must then approve any such changes to ensure that they do not compromise safety. This regulatory oversight ensures that any modifications to the training simulator are consistent with safety requirements. Furthermore, under regulation 11.210, failure to comply with a condition of an exemption is an offence, with potential civil or criminal consequences.
Additionally, under regulation 11.225 of CASR 1998, the exemption must be published on the World Wide Web, ensuring transparency and public awareness. The exemption ceases either on the specified day or, if no day is specified, 2 years after commencement, as per subregulation 11.230(1) of CASR 1998. This temporary nature of the exemption underscores the regulatory intent to periodically review and reassess the need for such exemptions. The exemption is also subject to disallowance under sections 38 and 42 of the Legislative Instruments Act 2003, ensuring parliamentary oversight of the regulatory process.