Civil Aviation Order 92.3 - Standards for safe operations and use of aerodromes - Conditions applicable to licences issued to special traffic mix aerodromes (07/11/2000)

Overview

The Civil Aviation Act 1988, along with its associated regulations and orders, governs the operation of aerodromes and the provision of aviation services in Australia. The Civil Aviation Regulations 1988 and Civil Aviation Orders were introduced to ensure the safety and efficiency of civil aviation operations. The problem or gap addressed by this piece of legislation is the need to enhance safety measures at aerodromes that experience a high volume of mixed traffic, including regular public transport high capacity aircraft and other commercial and general aviation aircraft. The Civil Aviation Orders, specifically Order 92.3, were introduced to address this gap by mandating the provision of a certified air/ground radio service at designated special traffic mix aerodromes, such as Ayers Rock Airport and Broome International Airport, to assist pilots and ensure safe air navigation. This legislative amendment was enacted by the Director of Aviation Safety, under the authority granted by the Civil Aviation Act 1988, to improve air safety by providing necessary services and conditions for specified aerodromes.

Scope and Application

The Civil Aviation Act 1988 applies to a broad range of individuals, entities, and activities related to civil aviation in Australia, ensuring safety and regulatory compliance across the sector. Specifically, the Act empowers the Governor-General to enact regulations governing various aspects of civil aviation, including the licensing of aerodromes and the operation of air traffic control units. For instance, Section 98 of the Act enables the creation of regulations that mandate aerodrome licences for operators conducting regular public transport operations involving aircraft with more than 30 seats. This Act extends its jurisdiction to cover all aerodromes within Australian territory, thus impacting both domestic and international aviation activities. Additionally, the Act, through subordinate instruments like the Civil Aviation Orders, establishes specific conditions for certain aerodromes classified as special traffic mix aerodromes, which must comply with stringent safety measures, including the provision of certified air/ground radio services during specified times. The Act's application is further delineated by its exclusions, which can include certain private or non-commercial flights, as well as specific operational practices regulated by subordinate instruments.

Key Provisions

Section 92.3 of the Civil Aviation Orders, which was inserted by the new Order, sets out specific conditions for aerodromes designated as special traffic mix aerodromes. These are aerodromes that have significant daily movements of both high capacity and other commercial and general aviation aircraft, and where an air traffic control unit is not present. According to the Order, a certified air/ground radio service must be provided at these aerodromes during the scheduled times of arrival and departure of high capacity aircraft engaged in regular public transport services. This service ensures that pilots receive necessary information while operating within the mandatory broadcasting zone for the aerodrome. The Order also outlines the duties and responsibilities of both the aerodrome licence holders and the certified air/ground radio operators. The Civil Aviation Act 1988, through the Civil Aviation Regulations 1988, imposes certain obligations on entities operating aerodromes for public transport. For instance, Regulation 89A requires aerodrome operators to obtain an aerodrome licence if the maximum passenger seating capacity for an aircraft exceeds 30 seats. Regulation 89D mandates that the Civil Aviation Safety Authority (CASA) may grant these licences subject to conditions deemed necessary for air safety. Furthermore, Regulation 303 allows CASA to specify general conditions applicable to certain classes of licences or certificates, while Regulation 261 stipulates that land stations must not engage in the Aeronautical Mobile Radio Service without CASA’s permission and that radio operators must have CASA’s approval and requisite qualifications and experience. Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 can result in various penalties and consequences. For example, operating a land station without CASA’s permission under Regulation 261 may lead to enforcement actions by CASA. The new section 92.3 of the Civil Aviation Orders introduces specific conditions for special traffic mix aerodromes, and non-compliance with these conditions could lead to penalties as outlined in the relevant regulations and orders. The exact penalties for breaches of these provisions are not detailed in the explanatory statement, but they typically include fines and potential revocation of licences or permissions. The Order was made under subsection 84A(2) of the Act and comes into effect on 1 March 2001, as specified in the document.