EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
CONDITIONS UNDER SUBSECTION 28BA(1)
APPROVAL UNDER SUBREGULATION 207 (2)
USE OF TERRAIN AVOIDANCE WARNING SYSTEM
Conditions under subsection 28BA(1)
Subsection 28BA (1) of the Civil Aviation Act 1988 (the Act) states that an Air Operator’s Certificate has effect subject to any conditions specified in the regulations or the Civil Aviation Orders (the Orders).
Part 82 contains conditions on Air Operators’ Certificates. Section 82.0 contains definitions applicable to Part 82; section 82.1 deals with Air Operators’ Certificates authorising aerial work or charter operations; section 82.3 deals with regular public transport operations in other than high capacity aircraft.
Sections 82.1 and 82.3 contained conditions relating to the carriage of ground proximity warning systems (GPWS) by foreign registered aircraft. The sections required the carriage of GPWS with a predictive terrain hazard warning system or, in some circumstances, as a transitional measure, a GPWS that met older standards set out in section 108.36 of the Orders.
Directions under subregulation 207(2)
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment as the Civil Aviation Safety Authority (CASA) approves or directs.
Subregulation 5 (1) of CAR 1988 provides that whenever CASA is empowered by CAR 1988 to give directions or approvals, it may do so in the Orders.
Section 20.18 of the Orders sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations, including a requirement under paragraph 9.1C that a turbine engined aeroplane that has a maximum take-off weight of more than 15 000 kg or is carrying 10 or more passengers and is engaged in regular public transport, or charter operations, must not be operated under the Instrument Flight Rules unless it is fitted with a GPWS that includes a predictive terrain hazard warning system or, in some circumstances, as a transitional measure, a section 108.36 GPWS.
Amendments
The Order amends sections 20.18, 82.0. 82.1 and 82.3 of the Orders to allow aircraft with a maximum take-off weight below 5 700 kilograms that carry 10 or more passengers to use a TAWS Class B Terrain Awareness and Warning System incorporating a visual terrain display, that complies with one of the following Technical Standard Orders — TSO-C151, TSO-C151a or TSO-C151b. For the purposes of these amendments, this system is defined in sections 20.18 and 82.0 as a TAWS-B+ system. These Technical Standard Orders were issued by the Federal Aviation Administration of the United States of America (FAA).
The TAWS-B+ system is new equipment, developed since the original requirement to carry a GPWS with a predictive terrain hazard warning system was introduced. This new equipment is considered suitable for installation in aircraft having a maximum take-off weight of less than 5 700 kilograms but carrying 10 or more passengers.
Consultation
Consultation under section 17 of the Legislative Instruments Act 2003 has not been undertaken. The purpose of the amendments is to allow operators of certain small aircraft to take advantage of technological developments and use a less costly alternative to the GPWS. The Office of Regulation Review has agreed that the amendments may proceed without the preparation of a Regulation Impact Statement.
The instrument has been lodged for registration under section 25 of the Legislative Instruments Act 2003 together with a copy of this explanatory statement.
The Order has been made by the Director of Aviation Safety in accordance with subsection 84A (2) of the Act.
[Civil Aviation Amendment Order (No. 1) 2005]
Overview
The Civil Aviation Amendment Order (No. 1) 2005 amends the Civil Aviation Orders 1990 to introduce new conditions under the Civil Aviation Act 1988, specifically addressing the use of Terrain Avoidance Warning Systems (TAWS) for certain aircraft. This legislative amendment was enacted to provide a less costly alternative to the Ground Proximity Warning System (GPWS) for small aircraft with a maximum take-off weight below 5,700 kilograms that carry 10 or more passengers. The amendments allow the use of a TAWS Class B system, which includes a visual terrain display and complies with specified Technical Standard Orders (TSO-C151, TSO-C151a, or TSO-C151b) issued by the Federal Aviation Administration of the United States of America. The primary objective of these amendments is to enable operators of these smaller aircraft to adopt recent technological advancements in terrain awareness and warning systems. The amendments were made by the Director of Aviation Safety in accordance with the Civil Aviation Act 1988 and do not require a Regulation Impact Statement as confirmed by the Office of Regulation Review.
Scope and Application
The Civil Aviation Amendment Order (No. 1) 2005 pertains to the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, focusing specifically on the conditions for Air Operators' Certificates and the equipment requirements for Australian aircraft. This legislation applies to air operators and aircraft with a maximum take-off weight below 5,700 kilograms that carry 10 or more passengers. The amendments allow these aircraft to use a Terrain Awareness and Warning System incorporating a visual terrain display, known as a TAWS-B+ system, which complies with specific U.S. Federal Aviation Administration Technical Standard Orders. The aim is to enable operators to utilise technological advancements and adopt a cost-effective alternative to the existing Ground Proximity Warning Systems. The order was made under the authority of the Director of Aviation Safety and applies across the Commonwealth of Australia. There are no stated exclusions or exemptions in the amendments, although the conditions are subject to further direction or approval by the Civil Aviation Safety Authority.
Key Provisions
The Civil Aviation Amendment Order (No. 1) 2005 amends sections 20.18, 82.0, 82.1, and 82.3 of the Civil Aviation Orders (Orders) to introduce new conditions regarding the Terrain Awareness and Warning System (TAWS-B+) for specific aircraft. Section 20.18 of the Orders now allows turbine-engined aeroplanes with a maximum take-off weight of less than 5,700 kilograms that carry 10 or more passengers to use a TAWS-B+ system, provided it complies with TSO-C151, TSO-C151a, or TSO-C151b. This amendment aims to enable operators of smaller aircraft to adopt a less costly alternative to the traditional Ground Proximity Warning System (GPWS) with a predictive terrain hazard warning system, thereby taking advantage of technological advancements.
Under subsection 28BA(1) of the Civil Aviation Act 1988 (the Act), an Air Operator’s Certificate is subject to any conditions specified in the regulations or the Orders. The amended Order, as mentioned above, introduces new conditions for the use of a TAWS-B+ system for certain aircraft. These conditions are intended to ensure that the aircraft meet the necessary safety standards and are equipped with appropriate terrain warning systems.
Operators of the affected aircraft are required to ensure that their aircraft comply with the new conditions outlined in the amended Orders. Specifically, they must ensure that any turbine-engined aeroplane with a maximum take-off weight of less than 5,700 kilograms carrying 10 or more passengers is equipped with a TAWS-B+ system that meets the specified technical standards. This requirement applies to aircraft engaged in regular public transport or charter operations.
There are no explicit offences or penalties mentioned in the Order itself for non-compliance with the new conditions. However, any breach of the Civil Aviation Orders could potentially lead to enforcement actions by the Civil Aviation Safety Authority (CASA). Such actions may include administrative penalties, fines, or other regulatory measures as prescribed by the Civil Aviation Act 1988. The exact penalties would depend on the nature and severity of the breach and would be determined in accordance with the relevant provisions of the Act.