EXPLANATORY STATEMENT
CONDITIONS UNDER SUBSECTION 28BA (1)
OF THE CIVIL AVIATION ACT 1988
DIRECTIONS UNDER SUBREGULATION 207 (2) OF THE
CIVIL AVIATION REGULATIONS 1988
USE OF TERRAIN AVOIDANCE WARNING SYSTEMS
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 (CAOs).
Part 82 contains conditions on Air Operators’ Certificates. Section 82.1 deals with Air Operators’ Certificates authorising aerial work, or charter, operations.
Section 82.1 contains, in subsection 5, conditions relating to the carriage of ground proximity warning systems (GPWS) by foreign registered aircraft engaged in charter operations.
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 approves or directs.
Regulation 5 of CAR 1988 provides that where CASA is empowered to issue directions, it may issue those directions in Civil Aviation Orders.
Section 20.18 of the CAOs sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations. Section 20.18 included 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 could not be operated under the Instrument Flight Rules unless it was fitted with a GPWS.
Effect of recent amendments
Civil Aviation Amendment Order (No. 1) 2005 amended sections 20.18 and 82.1 of the CAOs to allow aircraft with a maximum take-off weight of 5 700 kilograms or less that carry 10 or more passengers to use a TAWS B+ Terrain Awareness and Warning System incorporating a visual terrain display, that complies with 1 of the following Technical Standard Orders — TSO C-151, TSO C-151a or TSO C‑151b. The purpose of the amendments was to enable smaller aircraft to take advantage of technological developments and use a less costly alternative to the GPWS.
In the amendments, there were 2 typographic errors. Subparagraph 9.1C (c) as remade omitted a reference to “regular public transport operations” and subparagraph 5.5 (b) as remade referred to regular public transport operations instead of charter operations. This Order amends both subparagraphs to correct the errors.
The draft Order also amends paragraph 9.1D of CAO 20.7.1B and paragraph 5.2 of CAO 82.0 to include a reference to TSO C-151b, the latest development of TSO C-151. TSO C-151b is referred to in the provisions relating to the use of the TAWS B+ Terrain Awareness and Warning System.
Consultation
Consultation under section 17 of the Legislative Instruments Act 2003 (LIA) has not been undertaken. It is also not considered necessary to refer the amendments to the Office of Regulation Review. The purpose of the amendments is not to introduce new policy but to correct typographic errors and to update references to the applicable Technical Standard Order. Neither of these actions will impose additional obligations on persons.
Registration under the LIA
The instrument has been lodged for registration under section 25 of the LIA 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. The Order takes effect at the start of the day after registration on the Federal Register of Legislative Instruments.
[Civil Aviation Amendment Order (No. ) 2005]
Overview
The Civil Aviation Amendment Order (No. 1) 2005 amends the Civil Aviation Orders (CAOs) to address errors and update references in relation to the use of Terrain Awareness and Warning Systems (TAWS) in aircraft operations. This amendment corrects typographical errors in subparagraphs 9.1C(c) and 5.5(b) of the CAOs, ensuring the proper application of regulations to both regular public transport and charter operations. Additionally, the Order updates references to the applicable Technical Standard Orders (TSOs) for TAWS B+ systems, incorporating the latest development, TSO C-151b. This ensures that the regulations remain aligned with technological advancements, allowing smaller aircraft to use a less costly alternative to Ground Proximity Warning Systems (GPWS). The amendments aim to correct existing errors without introducing new policy or imposing additional obligations on persons, reflecting the Civil Aviation Amendment Order's intent to enhance regulatory accuracy and efficiency.
Scope and Application
The Civil Aviation Amendment Order (No. 1) 2005 pertains to the conditions governing the use of Terrain Avoidance Warning Systems (TAWS) for aircraft operations under the Civil Aviation Act 1988. This amendment applies to Australian aircraft and foreign registered aircraft engaged in charter operations, particularly those with a maximum take-off weight of 5,700 kilograms or less and carrying 10 or more passengers. The primary focus is to align the regulatory requirements with technological advancements, allowing smaller aircraft to utilise a less costly alternative to the Ground Proximity Warning System (GPWS). The amendment corrects previous typographical errors in the Civil Aviation Orders (CAOs) and updates references to the applicable Technical Standard Orders, specifically TSO C-151b. The Civil Aviation Safety Authority (CASA) has the authority to issue these directions under subregulation 207(2) of the Civil Aviation Regulations 1988 and section 20.18 of the CAOs, ensuring that the instruments and equipment onboard aircraft meet safety standards. This Order, made under the Act, takes effect post-registration on the Federal Register of Legislative Instruments, and while consultation under the Legislative Instruments Act 2003 was not deemed necessary, it has been lodged for registration as required.
Key Provisions
The Civil Aviation Amendment Order (No. 1) 2005 amends the conditions on Air Operators’ Certificates and the requirements for instruments and equipment under the Civil Aviation Orders (CAOs) concerning the use of Terrain Awareness and Warning Systems (TAWS) in aircraft. Specifically, subsection 28BA(1) of the Civil Aviation Act 1988 (the Act) allows for the imposition of conditions on Air Operators’ Certificates as specified in the regulations or the CAOs. Section 82.1 of Part 82 of the CAOs addresses conditions relating to aerial work and charter operations, including the carriage of ground proximity warning systems (GPWS) by foreign registered aircraft engaged in charter operations. Subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988) mandates that Australian aircraft must be fitted with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA). Section 20.18 of the CAOs previously required turbine engined aeroplanes with a maximum take-off weight over 15,000 kg or carrying 10 or more passengers to be fitted with a GPWS for regular public transport or charter operations under Instrument Flight Rules.
The recent amendments to sections 20.18 and 82.1 of the CAOs permit aircraft with a maximum take-off weight of 5,700 kilograms or less carrying 10 or more passengers to use a TAWS B+ Terrain Awareness and Warning System that complies with Technical Standard Orders (TSO) C-151, TSO C-151a, or TSO C-151b. These amendments aim to allow smaller aircraft to benefit from technological advancements and use a cost-effective alternative to the GPWS. Additionally, the amendments correct typographical errors in subparagraphs 9.1C(c) and 5.5(b) of the CAOs, which incorrectly referred to regular public transport operations instead of charter operations. The amendments also update references to TSO C-151b, the latest development in TSO C-151, in paragraphs 9.1D of CAO 20.7.1B and 5.2 of CAO 82.0.
The obligations imposed by these amendments primarily concern aircraft operators and owners. They must ensure that their aircraft comply with the updated CAOs by either fitting a GPWS or a TAWS B+ Terrain Awareness and Warning System that meets the specified TSO standards. This requirement applies to aircraft engaged in regular public transport or charter operations, carrying 10 or more passengers, and with a maximum take-off weight of 5,700 kilograms or less. Compliance with these technical standards is necessary to maintain the validity of the Air Operators’ Certificate and to ensure the safe operation of the aircraft.
Failure to comply with the requirements of the amended CAOs may result in civil or administrative penalties. The Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 provide for penalties for non-compliance with safety regulations. Such penalties may include fines, suspension, or revocation of the Air Operators’ Certificate. The specific penalties are not detailed in the explanatory statement but would be outlined in the relevant sections of the Act and the CAR 1988. The amendments do not introduce new offences but correct existing requirements to ensure clarity and accuracy in the regulatory framework governing aircraft safety.