Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 40.0 Amendment Order (No. 1) 2010
Purpose
The purpose of this instrument is to make provision for flight crew licensing consequent on the discontinuance of General Aviation Aerodrome Procedures at certain aerodromes (GAAP aerodromes). This arises as part of CASA’s initiative to introduce International Civil Aviation Organization (ICAO) Class D airspace procedures (as modelled on ICAO and US Federal Aviation Administration (FAA) Class D airspace procedures) at all GAAP aerodromes. The GAAP aerodromes were Archerfield, Bankstown, Camden, Jandakot, Moorabbin and Parafield.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Legislation for CAO Amendment
Under subregulation 5.11 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue flight crew licences subject to conditions necessary in the interests of safety. Under paragraph 5.11 (2) (c), conditions can be set out in Civil Aviation Orders (the CAOs) made under regulation 303 of CAR 1988. Under regulation 303 of CAR 1988 where CASA is empowered by regulations to issue flight crew licences subject to conditions, the conditions may be specified in CAOs of general application.
CASA made CAO 40.0 to specify conditions on flight crew licences. In particular, subsection 3 provides for conditions on private pilot licences.
Thus, for the purposes of regulation 5.11, under paragraph 3.2 of CAO 40.0, it was a condition of each private pilot licence that, among other things, the holder must not fly an aircraft as pilot in command in controlled airspace that is:
3.2 (c) a control zone for which there is no radar service; or
3.2 (d) a control zone at an aerodrome that operates under GAAP;
unless:
3.2 (e) the holder has received training in the aeronautical knowledge needed to safely fly an aircraft in the kind of airspace concerned; and
3.2 (f) an authorised flight instructor, or CASA, is satisfied that the holder can safely fly an aircraft in the kind of airspace concerned; and
3.2 (g) the instructor, or CASA, has made an entry to that effect in the holder’s personal log book.
Background
Previously, private pilot licence holders operating at GAAP aerodromes complied with subparagraphs 3.2 (d), (e) and (f) and had an appropriate endorsement under subparagraph 3.2 (g) specifically for subparagraph 3.2 (d) of CAO 40.0, GAAP. Without other endorsements, such a pilot could not fly in controlled airspace in, for example, a control zone for which there is no radar service, known in practice as Class D airspace.
In July 2009, CASA introduced changes to procedures at GAAP aerodromes. These changes included a limitation on the number of aeroplanes operating simultaneously in a particular aerodrome traffic circuit; a requirement for all aircraft to obtain an air traffic control (ATC) clearance to enter, cross or taxi along any runway; and changes to ATC hours of operation.
In addition, however, CASA also gave notice that all GAAP aerodromes would be required to introduce ICAO Class D airspace procedures (as modelled on ICAO and US FAA Class D airspace procedures) from 3 June 2010 (revised from 21 April 2010). The introduction of such Class D procedures requires consequential changes to private pilot licensing.
In February 2010, CASA issued Notice of Proposed Change (NPC) 172/04 to initiate formal public consultation on the proposed changes to Class D procedures. Among other things, the proposals related to:
(a) the introduction of ICAO Class D procedures (as modelled on ICAO and US FAA Class D airspace procedures) at GAAP aerodromes; and
(b) alignment of procedures for existing Class D aerodromes with the procedures to be introduced at the former GAAP aerodromes.
Change of airspace procedures
CASA made the decision to change the former GAAP aerodrome procedures to Class D procedures after reviewing safety incidents, traffic levels and operational risk. In seeking a solution, CASA was guided by ICAO Annex 11 standards for airspace services, and US FAA procedures and weather criteria for procedures for entry into, and operations within, Class D airspace.
Change of the former GAAP aerodrome procedures, and adjustments to Class D procedures, was considered to be the most appropriate way to address the identified safety risks while minimising impact on high-density training operations at the former GAAP aerodromes.
New procedures in Class D airspace
Using its powers under the Airspace Regulations 2007, effective from 3 June 2010, CASA has changed GAAP aerodrome procedures and associated control zones (CTR) as Class D airspace subject to Class D procedures. As a result, air traffic at the former GAAP aerodromes will observe adjusted procedures and receive a different suite of ATS. For example:
(a) aircraft flight planned according to the Instrument Flight Rules (I.F.R.) will not, as formerly, be required to conform to the Visual Flight Rules (V.F.R.) when visual meteorological conditions exist; and
(b) all flights will receive ATS; and
(c) I.F.R. flights will be separated from I.F.R. and Special V.F.R. flights, and will receive traffic information about V.F.R. flights, as well as traffic avoidance advice on request; and
(d) V.F.R. flights will receive traffic information about I.F.R. and V.F.R. flights, as well as traffic avoidance advice on request; and
(e) Special V.F.R. flights will be separated from other Special V.F.R. flights, when the visibility is less than 5 000 metres; and
(f) other procedures and requirements will apply in Class D airspace and at the respective controlled aerodromes, as described in the MOS Amendment.
Education and training
Significant changes are made to the way operations are conducted at both former GAAP and Class D aerodromes. CASA recognises the effect of this and will be undertaking a significant training and education campaign to ensure that the aviation system – pilots, flying organisations, aerodrome operators and air traffic controllers – are all prepared for these changes.
The CAO Amendment
The CAO Amendment is required to enable previously GAAP-restricted private pilot licence holders to fly in Class D controlled airspace under the new procedures on the basis of their endorsements to fly in the former GAAP control zones. Thus, the amendment is a form of grandfathering for these licence holders on and from 3 June 2010. The effect of the CAO Amendment is as follows.
First, on and from 3 June 2010, GAAP aerodromes no longer exist as such.
Secondly, if, immediately before 3 June 2010, a private pilot licence holder was endorsed to fly an aircraft as pilot in command in controlled airspace at a GAAP aerodrome then, on and after 3 June 2010, he or she may fly in a control zone for which there is no radar service i.e. Class D controlled airspace.
Thirdly, such a pilot is eligible to receive a log book endorsement for the purposes of flight in such Class D controlled airspace.
CASA considers that it is safe to make these changes because the relevant former GAAP pilots, on the basis of the nature of that flying experience will already have sufficient familiarity with the new Class D airspace procedures, supplemented by the education and training programs mentioned above.
Legislative Instruments Act (LIA)
Regulation 5.11 provides that conditions may be imposed on flight crew licences by the CAOs. Under subsections 98 (5) and (5AAA) of the Act, where regulations provide for a relevant instrument in the form of a CAO, the CAO is a legislative instrument for the LIA. The CAO Amendment is, therefore, a legislative instrument. 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 on changes to private pilot licences has taken place under the auspices of the NPC process for making the related Manual of Standards Part 172 Amendment Instrument (No. 1) 2010 in relation to airspace management.
NPC 172/04 was released for public consultation on 19 February 2010 and placed on the Safety Consultative Committee (SCC) website. The period for comment closed on 19 March 2010.
There were 20 responses to the NPC and CASA took each response into account in deciding how to proceed further with the NPC.
Office of Best Practice Regulation (OBPR)
The CAO Amendment will relieve certain pilots of obligations and restrictions that previously applied to them. To this extent, the CAO Amendment is beneficial and has no negative impact on business issues of concern to the OBPR. OBPR does not require a regulatory impact statement (RIS) for the CAO Amendment because a preliminary assessment of the business compliance costs (BCC) indicates that the CAO Amendment will have only a nil to low impact on business.
Commencement and making
The CAO Amendment comes into effect on 3 June 2010 after it is registered.
It has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Civil Aviation Order 40.0 Amendment Order (No. 1) 2010]