Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA EX88/18 — Recency Requirement (Precision Runway Monitoring Endorsement) Instrument 2018
Purpose
The purpose of this instrument is to allow holders of an air traffic controller licence (ATC licence) who perform Precision Runway Monitoring (PRM) duties at Sydney Airport to be able to satisfy the recency requirement of the Civil Aviation Safety Regulations 1998 (CASR) for a PRM endorsement by performing simulated air traffic control (ATC) duties in a Precision Runway Monitoring Simulator (PRMS) instead of PRM air traffic control duties. The instrument is required because the PRM system at Sydney Airport is not always operating when holders must satisfy this requirement to retain the endorsement on their licence.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made CASR and the Civil Aviation Regulations 1988 (CAR).
Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160 (1) of CASR provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations. Under subregulation 11.160 (2) of CASR, an exemption may be granted to a person or a class of persons.
Under subregulation 11.175 (4) of CASR, in deciding whether to reissue an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety.
Regulation 11.205 provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition.
Regulation 11.225 of CASR requires an exemption to be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.
Subregulation 65.025 (1) of CASR 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 the holder 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.
Subregulation 65.035 (1) of CASR provides that a person may carry out an air traffic control function (ATC function) in Australian territory if, at the time the person carries out the function, he or she holds an ATC licence with a rating for the function and an endorsement for the place where it is carried out, the licence rating and endorsement are in force and the person satisfies the recency and currency requirements for the endorsement.
It is an offence under subregulation 65.045 (1) of CASR for a person who is not authorised by subregulation 65.035 (1) or (2) to carry out an air traffic control function in Australian territory.
Subpart 11.G of CASR provides for CASA to issue directions in relation to matters affecting the safety of air navigation. Under paragraph 11.245 (1) (a) of CASR, CASA may, by instrument, issue a direction about any matter affecting the safe navigation and operation of aircraft. Subregulation 11.245 (2) of CASR provides that CASA may issue such a direction if CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation, if the direction is not inconsistent with the Act, and for the purposes of CASA’s functions.
Background
Airservices Australia (AA), as the air traffic services provider at Sydney aerodrome (Sydney Airport), manage a PRM system to maintain safe separation of aircraft simultaneously using the parallel runways at Sydney Airport. Where there is a risk of loss of safe separation, ATC can instruct the conduct of an “emergency breakout” to restore separation.
The number of emergency breakout instructions given at Sydney Airport is estimated by AA to be less than an average of 2 per year and the PRM system, depending on weather and operational conditions, may not be operated for periods of more than 21 days. Accordingly, there are restricted opportunities for air traffic controllers to use the PRM system to meet the recency and currency requirements in Part 65 of CASR.
The use of the PRMS at Sydney Airport was identified as risk mitigation in the 2002 PRM Safety Case in the case of controller recency training and emergency operations, for the reasons mentioned above.
CASA has, through a series of instruments dating back to 2008, granted AA exemptions to allow the use of time spent on the PRMS in Sydney to count towards the recency requirements of CASR subregulation 65.025 (1) for a PRM endorsement. The current instrument, CASA EX118/15, expires at the end of July 2018 and AA has applied for the instrument to be renewed.
Overview of instrument
The instrument provides an exemption from the CASR provisions that require holders of ATC licences who perform air traffic control duties at Sydney Airport to satisfy recency requirements for a PRM endorsement by conducting duties to which the endorsement applies for at least 5 hours within the 21 days before the day the requirement is to be satisfied. By imposing conditions on the exemption, the instrument enables time spent on the PRMS located in Sydney to count towards the recency requirements for the endorsement.
The instrument also includes a direction by CASA to AA that it must not make a change to the PRMS except with CASA’s prior written approval.
CASA has assessed the impact the instrument will have on aviation safety and is satisfied that it will have no impact.
Content of instrument
Section 1 sets out the name of the instrument.
Section 2 sets out the duration of the instrument by providing that it commences on 1 August 2018 and is repealed at the end of 31 July 2021.
Section 3 sets out some definitions for the instrument.
Section 4 exempts the holder of an ATC licence who is performing air traffic control duties at Sydney Airport in relation to PRM from subregulation 65.045 (1) of CASR to the extent that it requires the holder to comply with the recency requirement mentioned in subparagraph 65.035 (1) (c) (i) of CASR in relation to a PRM endorsement. The exemption is subject to the condition in section 5.
Section 5 imposes a condition on the exemption. The condition is that the holder of the ATC licence must perform at least 5 hours of ATC duties in relation to PRM within the 21 days before the day the recency requirement for the PRM is to be satisfied. This is effectively the recency requirement for the endorsement. However, subsection (2) provides that these air traffic duties may include time performing simulated air traffic control duties in the PRMS located in Sydney. This enables time performing these duties in the PRMS to be counted towards the hours of ATC duties to be performed.
Section 6 sets out a CASA direction made under subregulation 11.245 (1) of CASR. The direction is that AA must not make a change to the PRMS except with CASA’s prior written approval.
Consultation
The instrument ensures that PRM controllers will be able to continue to perform their PRM duties. CASA anticipates that Part 65 of CASR will be remade within the next 3 years. It is anticipated that the new Part 65 will remedy the need for the exemption provided for by the instrument.
The instrument continues existing arrangements and no concerns have been raised by stakeholders about these arrangements. The instrument has also been issued on application by AA, who is the beneficiary of the instrument in its capacity as the air traffic services provider at Sydney Airport. In these circumstances, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required in this case, as the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR.
The instrument commences on 1 August 2018 and is repealed at the end of 31 July 2021.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX88/18 — Recency Requirement (Precision Runway Monitoring Endorsement) Instrument 2018
This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument allows holders of air traffic control licences who control air traffic at Sydney Airport to meet recency requirements for PRM licence endorsements by counting time spent on the Precision Runway Monitoring Simulator (PRMS) located in Sydney as an alternative to time spent using the Precision Runway Monitoring system (which may be infrequently activated depending on weather conditions and operational circumstances). The instrument is subject to conditions in the interests of aviation safety, including that the PRMS must not be changed without CASA’s prior written approval.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority