Civil Aviation Order 40.0 Amendment Order (No. 1) 2010

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2010L01361 Not in force Legislative Instrument

Legislation content

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]

Overview

The Civil Aviation Order 40.0 Amendment Order (No. 1) 2010 was enacted to address the issue arising from the discontinuance of General Aviation Aerodrome Procedures (GAAP) at certain aerodromes and the introduction of International Civil Aviation Organization (ICAO) Class D airspace procedures. This amendment was necessary to ensure that flight crew licensing conditions were aligned with the new procedures, thereby maintaining safety standards as set out by ICAO and the US Federal Aviation Administration (FAA). The Civil Aviation Order 40.0 Amendment Order (No. 1) 2010 was made under the authority of Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act and the safety of air navigation. The policy objective was to facilitate a seamless transition to the new airspace procedures while ensuring that pilots previously endorsed for GAAP operations could continue to operate under the new Class D airspace regulations. This legislative instrument was introduced to ensure compliance with safety standards and to streamline the operations at the affected aerodromes.

Scope and Application

The Civil Aviation Order 40.0 Amendment Order (No. 1) 2010 pertains to the transition of General Aviation Aerodrome Procedures (GAAP) at certain aerodromes to International Civil Aviation Organization (ICAO) Class D airspace procedures. This amendment applies to private pilot licence holders who previously operated under GAAP at specified aerodromes such as Archerfield, Bankstown, Camden, Jandakot, Moorabbin, and Parafield. The amendment allows these pilots to fly in Class D controlled airspace, which includes control zones for which there is no radar service, provided they meet specific conditions such as having received training in aeronautical knowledge and having an endorsement from an authorised flight instructor or CASA. The amendment is made under the authority of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, and it comes into effect on 3 June 2010. The amendment is considered a legislative instrument under the Legislative Instruments Act 2003 and has undergone consultation through the Notice of Proposed Change (NPC) process. It does not require a regulatory impact statement as it is deemed to have a nil to low impact on business.

Key Provisions

The main operative sections of this legislation concern the amendment of the Civil Aviation Order 40.0, which pertains to the conditions under which flight crew licences are issued. Specifically, section 3.2 of CAO 40.0, which previously restricted private pilot licence holders from flying in certain controlled airspaces unless they had specific endorsements, has been amended. This amendment removes the restrictions on flying in control zones for which there is no radar service, such as Class D airspace, for those pilots who previously held endorsements for flying in control zones at GAAP aerodromes. This change takes effect from 3 June 2010. Under this Act, the obligations for parties primarily rest with the Civil Aviation Safety Authority (CASA) and the licence holders. CASA is responsible for issuing flight crew licences subject to the conditions specified in the CAO. Licence holders, particularly private pilots who previously flew in GAAP control zones, must now ensure that their log books are endorsed appropriately to reflect their ability to fly in Class D airspace. Additionally, all pilots must comply with the new training and education requirements set out by CASA to ensure they are familiar with the updated airspace procedures. There are no specific offences, penalties, or civil/criminal consequences outlined in this particular amendment. However, the overarching legislation, the Civil Aviation Act 1988, does provide for a range of penalties for breaches of aviation safety regulations. Generally, these can include fines and imprisonment for more serious violations, although the exact penalties depend on the nature and severity of the breach. For instance, under section 236 of the Act, a person who contravenes any regulation or direction made under the Act can be liable to a penalty of up to $22,200 for an individual and $111,000 for a body corporate, depending on the offence.

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations
Compliance Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.