Civil Aviation Amendment Order (No. R2) 2004 - Civil Aviation Order 20.3 - Air service operations - Marshalling & parking of aircraft (02/12/2004)

Overview

The Civil Aviation Amendment Order (No. R2) 2004, enacted to facilitate compliance with the Legislative Instruments Act 2003, addresses the need for updating and ensuring consistency within the Civil Aviation Orders. The Civil Aviation Orders, established under the Civil Aviation Act 1988, were subject to review to meet new legislative standards set by the Legislative Instruments Act 2003, which came into effect on 1 January 2005. This particular amendment revoked and remade section 20.3, which pertains to the marshalling and parking of aircraft on aerodromes, as well as the designation of parking areas and the use of standard hand signals. While the substantive law and policy remained unchanged, the revision aimed to update references and incorporate gender-neutral language. The Order was issued by the Director of Aviation Safety, ensuring adherence to the Civil Aviation Act 1988, and was deemed not to require a Regulation Impact Statement due to its minor and machinery nature.

Scope and Application

The Civil Aviation Orders, as amended by the Civil Aviation Amendment Order (No. R2) 2004, pertain to the safety and operational standards of aircraft in Australia. This particular Order revokes and remakes section 20.3 to ensure compliance with the Legislative Instruments Act 2003, without altering existing laws or policies. It applies to aircraft operators and aerodrome licence holders or proprietors who are responsible for the marshalling and parking of aircraft, and the designation of parking areas on aerodromes respectively. These regulations are applicable across the Commonwealth of Australia and are issued under the authority of the Director of Aviation Safety pursuant to the Civil Aviation Act 1988. The geographic reach of these regulations is national, impacting all aviation activities within Australia. While the Order does not introduce new substantive requirements, it updates references and wording to enhance clarity and inclusivity. Exemptions or exclusions are not explicitly mentioned in the text, suggesting that the provisions apply universally to the specified entities and activities within the scope of the Civil Aviation Act 1988.

Key Provisions

The main operative sections of the Civil Aviation Amendment Order (No. R2) 2004 pertain to the revocation and replacement of section 20.3 of the Civil Aviation Orders (section 3). This section involves the marshalling and parking of aircraft at aerodromes, the designation of parking areas, and the use of standard hand signals. Specifically, section 20.3 is revoked and remade to ensure compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. This remake does not introduce any changes in existing law or policy, but it updates outdated references to legislation and incorporates gender-neutral wording. The obligations imposed by the Order on the relevant parties are primarily concerned with ensuring the safety and efficiency of aircraft operations at aerodromes. The aircraft operator must ensure that standard hand signals, as specified in Appendix I of the Civil Aviation Orders, are used during the marshalling and parking of aircraft. The aerodrome licence holder or proprietor is responsible for designating parking areas on the aerodrome, ensuring that these areas are clearly marked and compliant with safety regulations. Furthermore, the Civil Aviation Safety Authority (CASA) retains the authority to issue directions relating to the safety of air navigation, as outlined in subregulation 92(2) of the Civil Aviation Regulations 1988. There are no specific offences, penalties, or consequences mentioned in the Order itself for breach of its provisions. However, the overarching regulatory framework within which the Order operates includes potential civil and criminal consequences for non-compliance. For example, under the Civil Aviation Act 1988, CASA has the power to issue infringement notices for breaches of the Civil Aviation Orders, with maximum penalties that can apply. More serious breaches may result in legal action being taken, including fines and potential imprisonment, depending on the severity of the breach and its impact on aviation safety. Overall, the Order aims to streamline and modernise the regulatory framework governing aircraft operations at aerodromes, ensuring that it remains consistent with contemporary legislative standards while maintaining the high safety standards expected in the aviation industry. The careful drafting and updating of the Order reflect a commitment to clear, effective regulation that supports safe and efficient air navigation.