EXPLANATORY STATEMENT
STATUTORY RULES 1990 No 100
Issued by the authority of the Minister for Transport and Communications
Civil Aviation Act 1988
Civil Aviation Regulations (Amendment)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act, prescribing matters which by the Act are required or permitted to be prescribed or matters necessary or convenient to be prescribed for carrying out or giving effect to the Act and in relation to the safety of air navigation.
Paragraph 98(3)(h) of the Act provides that the power to make regulations provided for in subsection 98(1) includes the power to make regulations empowering the Civil Aviation Authority (the Authority), or an officer authorised by the Authority, to give or issue directions or instructions to all or any of the persons holding licences, permits or certificates under the Act or the regulations, being directions or instructions with respect to matters affecting the safe navigation and operation, or the maintenance, of aircraft, and providing for the manner in which such directions and instructions are to be notified.
Under section 18 of the Act the Authority is required to publish Aeronautical Information Publications (AIPs) and Notices to Airmen (NOTAMS). Pursuant to subsection 18(2) of the Act the AIPs shall include aeronautical information and instructions that, by the Act or the Civil Aviation Regulations (the Regulations) are required to be published and other aeronautical information and instructions that are of a lasting character essential to air navigation.
Subsection 18(3) of the Act provides that NOTAMS should include aeronautical information and instructions that, by the Act or the Regulations, are required to be so published. They also should include aeronautical information and instructions of a temporary character or which cannot be made available quickly enough by publication in AIPs.
At present regulation 159 of the Regulations sets out the procedures to be followed in the event of radio failure. These are operational matters which often need to be changed at short notice. For that reason the amending Regulations provide for the procedures to be notified in AIPs and NOTAMS.
Amending regulation 159 provides that the pilot in command must comply with instructions issued by the Authority in respect of radio failure or failure of radio navigation aid equipment.
Amending regulation 159A provides that the Authority must issue written instructions specifying the procedures to be followed in the event of radio failure or failure of radio navigation aid equipment.
Amending regulation 159B provides that instructions issued by the Authority must be published in the AIPs and NOTAMS.
The amending Regulations commenced on the date of their notification in the Gazette.
S.R. 66/90
Overview
The Civil Aviation Regulations (Amendment) Statutory Rules 1990 No 100, issued under the authority of the Minister for Transport and Communications, was enacted to address the need for more flexible and responsive procedures in the event of radio failure or failure of radio navigation aid equipment, which are critical for the safe operation of aircraft. This amendment to the Civil Aviation Act 1988 was introduced to ensure that operational changes can be communicated promptly and effectively to pilots. The Civil Aviation Authority, which is mandated to publish Aeronautical Information Publications (AIPs) and Notices to Airmen (NOTAMS) under the Act, was empowered to issue necessary directions and instructions through these publications. By shifting the responsibility of specifying procedures in the event of radio failure from static regulations to dynamic AIPs and NOTAMS, the amendment enhances the safety and efficiency of air navigation by allowing for timely updates and dissemination of essential information to the aviation community.
Scope and Application
The Civil Aviation Regulations (Amendment) Statutory Rules 1990 No 100 apply to all persons holding licences, permits, or certificates under the Civil Aviation Act 1988 and the Civil Aviation Regulations. These regulations primarily concern the safety of air navigation and the operation of aircraft, thereby affecting pilots, air traffic controllers, aircraft maintenance personnel, and any entities involved in the aviation industry, such as airlines and aircraft manufacturers. The geographic reach of these regulations is national, as they pertain to civil aviation within Australia. The regulations are designed to ensure compliance with safety standards and operational procedures essential for the aviation sector. The amendments introduced by these rules specifically target procedures to be followed in the event of radio failure or failure of radio navigation aid equipment, which are crucial for the safe navigation and operation of aircraft. The regulations provide the Civil Aviation Authority with the power to issue directions or instructions to relevant personnel, which must be followed, and these instructions are to be published in Aeronautical Information Publications (AIPs) and Notices to Airmen (NOTAMS) to ensure they are readily accessible and communicated effectively.
Key Provisions
The primary operative sections of the Civil Aviation Regulations (Amendment) (S.R. 66/90) involve the modification of regulation 159, and the addition of regulations 159A and 159B. Regulation 159 is amended to mandate that the pilot in command must adhere to any instructions issued by the Civil Aviation Authority (the Authority) concerning radio failure or failure of radio navigation aid equipment (Regulation 159, as amended). Regulation 159A stipulates that the Authority is obligated to issue written instructions detailing the procedures to be followed in such events (Regulation 159A). Regulation 159B ensures that any instructions issued by the Authority must be disseminated through Aeronautical Information Publications (AIPs) and Notices to Airmen (NOTAMS) (Regulation 159B). These provisions are intended to ensure that all necessary information regarding radio failures and navigation aid equipment failures is readily available and communicated effectively to pilots.
The obligations imposed by these regulations on the parties governed by the Civil Aviation Act 1988 (the Act) are primarily focused on compliance and communication. Pilots in command of aircraft must comply with all instructions issued by the Authority regarding radio failures or navigation aid equipment failures (Regulation 159). The Authority, on the other hand, is required to issue comprehensive, written instructions on the procedures to follow in these scenarios and ensure that these instructions are published in AIPs and NOTAMS (Regulations 159A and 159B). This ensures that there is a clear, authoritative source of information available to pilots, enhancing safety and operational efficiency.
Breach of these regulations can result in significant consequences. While the amending Regulations themselves do not explicitly state specific offences or penalties, violations of the Civil Aviation Act 1988 or the Civil Aviation Regulations may lead to enforcement actions by the Authority. Under the Act, the Authority can take various measures, including issuing fines, suspending or cancelling licences, permits, or certificates, and taking other regulatory actions deemed necessary. The maximum penalties for breaches of the Civil Aviation Act 1988 can include substantial fines and, in severe cases, imprisonment. The precise penalties depend on the nature and severity of the breach, but the overarching goal is to enforce compliance and maintain the highest standards of aviation safety.