Manual of Standards Part 139 Amendment Instrument 2014 (No. 1)

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

Legislation au F2014L01506 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Act 1988

Civil Aviation Safety Regulations 1998

 

Manual of Standards Part 139 Amendment Instrument 2014 (No. 1)

 

Purpose

The main purposes of this instrument are to amend the Manual of Standards (MOS) — Part 139 Aerodromes (the MOS) to coincide with amendments to the regulation relating to the minimum runway width specified for the landing and
take-off of aeroplanes, and to make administrative and typographical corrections.

 

Background

On 24 May 2011, CASA commenced a project (Project AS 11/15) to separate the regulatory management of aeroplane operations from aerodrome operations on narrow runways. This is to occur by rationalising runway width requirements through amendments to regulation 235A of the Civil Aviation Regulations 1988 (CAR 1988) and Chapter 6 of the MOS.

 

The MOS references the Convention on International Civil Aviation (the Chicago Convention) aerodrome reference code (ARC), which is the code to which aerodrome facilities and runways are designed. The application of the ARC in the MOS has resulted in aircraft operations being limited based on aircraft characteristics. Runways that are narrower than the runway width dimensions set out in the ARC are classified as narrow runways.

 

At the time this project was initiated, CASA policy required aerodrome operators to widen runways to accommodate aeroplanes that were, at that time, operating into and out of aerodromes with narrow runways. In addition, many of the affected aeroplanes had approved narrow runway aeroplane flight manual (AFM) supplements. Subsequent to the introduction of the MOS, operations of aeroplanes into and out of aerodromes required specific exemptions against the runway width requirements.

 

CASA has decided to move away from the previous policies of permitting large aircraft to operate to lesser runways via operational exemptions, and the requirement for aerodromes to upgrade to the requirement of a new critical aircraft within a specified time frame. Following further consideration of aeroplane operational requirements, CASA will no longer mandate that aerodrome operators must upgrade any facility for continued operations of a specifically approved aeroplane type, or the introduction of a new larger aircraft type. CASA intends that the decision to upgrade an aerodrome facility will be made by the aerodrome operator. However, aircraft operators will need to assess the available aerodrome facilities and any risks associated with operating larger aircraft into or from an aerodrome designed to a specific ARC, or in many cases aerodromes that were constructed before the current standards.

 

Aerodrome operators that decide to upgrade their aerodrome facilities will be required to upgrade those facilities to the standards for those facilities as detailed in the MOS.

 

This change in policy requires a significant change to the MOS with the removal of the references to critical aircraft and critical aeroplane from the MOS. This has the effect of de-linking continued aeroplane operations from aerodrome design requirements.

 

Aircraft operators will no longer need to apply for exemptions to operate aeroplanes into narrower runways than specified by the ARC. Aeroplanes will be required to operate in accordance with an approved AFM narrow runway supplement or specified AFM runway width limitation. For example, the AFM for Airbus A380 aeroplanes has a 45 metre wide runway limitation.

 

On 10 May 2011, CASA initiated Project AS 11/14 to conduct a post-implementation review of Chapters 1 and 2 of the MOS. CASA identified a number of areas within Chapters 1 and 2 of the MOS that directly related to Project AS 11/15 and, subsequently, decided that the 2 projects would be run concurrently.

 

Paragraph 1.1.1.2A of the MOS states that the standards in the MOS will only apply to operators of aerodromes for charter aeroplanes with a maximum take-off weight in excess of 5 700 kg when Part 121A of the Civil Aviation Safety Regulations 1998 (CASR 1998) comes into effect. Therefore, the removal of the reference to Part 121A of CASR 1998 by this instrument has the effect that the MOS will apply to operators of aerodromes used for charter operations from 13 November 2014.

 

Regulation 139.190 of CASR 1998 requires an operator of a certified aerodrome to provide a visual approach slope indicator system for jet-propelled aircraft conducting regular public transport (RPT), or charter, operations. Before the amendments made by this instrument, this requirement did not apply to charter operations due to the applicability of the MOS. To avoid disadvantaging current charter operators, CASA proposes to issue a general exemption against regulation 139.190 of CASR 1998 to operators of certified aerodromes to allow charter operations without a visual approach slope indicator system for jet-propelled aircraft. It is intended that this general exemption will remain in place until Parts 119, 121 and 135 of CASR 1998 come into effect, at which time RPT, and charter, operations will be regulated together as air transport operations. The proposed exemption, in conjunction with the change made by this instrument to the applicability of the standards in the MOS, will effectively retain the same applicability of those standards pending the commencement of Parts 119, 121 and 135, instead of Part 121A, of CASR 1998.

 

Legislation

Civil Aviation Act 1988 (the Act)

Section 98 of the Act empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. In particular, under paragraph 98 (3) (d), regulations may be made for or in relation to the planning, construction, establishment, maintenance, operation and use of aerodromes, including the licensing of aerodromes. Under subsection 98 (5A), the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft, and the airworthiness of, or design standards for, aircraft.

 

CASR 1998

Under regulation 139.015 of CASR 1998, the standards for aerodromes are those set out in the MOS published by CASA, as in force from time to time.

 

Under regulation 139.165 of CASR 1998, the operator of a certified aerodrome must ensure that the physical characteristics of the movement area comply with the standards set out in the MOS.

 

Under regulation 139.295 of CASR 1998, the standards applicable to registered aerodromes are the standards applicable to certified aerodromes in relation to specified matters, including the physical characteristics of the movement area, and any other standards set out in the MOS that are applicable to registered aerodromes.

 

Together with Part 139 of CASR 1998, the MOS sets out certain standards for certified aerodromes, registered aerodromes, and other aircraft landing areas where aircraft arrive, depart or move that are not certified or registered. Those standards include standards for the initial design and upgrading of aerodromes.

 

CAR 1988

Regulation 235A of CAR 1988 makes it an offence for the pilot in command of an aeroplane to land at, or take-off from, a runway if the minimum width of the runway is less than the minimum runway width specified by CASA for that aeroplane. A new regulation 235A will be substituted by the Civil Aviation Amendment (Narrow Runways) Regulation 2014, which commences on 13 November 2014.

 

Instead of prohibiting operations to narrow runways, new regulation 235A will define a narrow runway for an aeroplane and enable operations to narrow runways to be conducted, subject to meeting specified safety and performance-based requirements.

 

Amendments to the MOS are required to ensure consistency with the substituted regulation 235A of CAR 1988.

 

Instrument

The instrument amends the MOS.

 

In addition to amendments to the provisions of the MOS relating to narrow runways, CASA has also taken the opportunity to update cross-references and the language used in the MOS, and to apply current drafting practices.

 

Further details of the instrument are set out in Attachment 1.

 

Legislative Instruments Act

The instrument is of a legislative character and is made in the exercise of a power delegated by the Parliament. In accordance with regulation 5 of the Legislative Instruments Act 2003 (the LIA), the instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

In addition to extensive consultation on the amendments in the Civil Aviation Amendment (Narrow Runways) Regulation 2014, CASA published Notice of Proposed Change 139/05 (the NPC) on its website in March 2014. The NPC included details of the proposed changes to the MOS and a draft MOS amendment instrument. The NPC invited responses by 5 May 2014.

 

CASA received 16 responses to the NPC by 5 May 2014. CASA considered all of those responses received, and made some amendments to the instrument, for example, by including a definition of upgrade and references to other aerodrome facility standards, and altering the runway surface standard for constructed gravel surface runways.

 

It is CASA’s view that no further consultation in relation to this instrument is necessary or appropriate.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 2.

 

Office of Best Practice Regulation

The Office of Best Practice Regulation assessed that the proposed amendments will have minor impacts and that no further analysis in the form of a Regulation Impact Statement was required (OBPR ID: 13895, 17497 and 17793). 

 

Making and commencement

The instrument has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

The instrument commences on 13 November 2014.

 

[Manual of Standards Part 139 Amendment Instrument 2014 (No. 1)]

Attachment 1

Details of the Manual of Standards Part 139 Amendment Instrument 2014 (No. 1)

 

Section 1

Section 1 provides that the title of the instrument is the Manual of Standards Part 139 Amendment Instrument 2014 (No. 1).

 

Section 2

Section 2 provides that the instrument commences on 13 November 2014. The commencement date coincides with the date of commencement of the Civil Aviation Amendment (Narrow Runways) Regulation 2014, which substitutes a new regulation 235A of CAR 1988 relating to narrow runways.

 

Section 3

Section 3 provides that Schedule 1 amends the MOS.

 

Schedule 1

Schedule 1 amends the MOS.

 

Item 1 substitutes a new subsection 1.1.1, which sets out background to, and the scope of, the MOS. The new subsection 1.1.1 updates that subsection to reflect the current legislative framework for the MOS.

 

Items 2, 3 and 4 amend paragraphs 1.1.5.1, 1.1.5.2 and 1.1.5.3 to update references to positions within CASA.

 

Item 5 omits subparagraph 1.1.6.1 (d), which provides that the standards should be read in conjunction with the Federal Aviation Administration (FAA) Advisory Circular 150/5300-13. That Advisory Circular is no longer current and reference to the new FAA Advisory Circular is not required.

 

Item 6 inserts introductory words to the definitions listed in section 1.2 to clarify that, unless the contrary intention appears, the definitions apply for the MOS.

 

Item 7 inserts definitions for terms appearing in the MOS, being AEI, Aerodrome facility, Air transport operations, ALA, APEI, API, Apron taxiway, Charter operations, Exit taxiway, Other aerodrome facility standard, Rapid exit taxiway, Regular public transport operations, RESA, RPA, Taxilane, Taxiway system, and Upgrade (for an aerodrome facility).

 

Item 8 omits the definition of the term Critical aeroplane. That definition is no longer required because of other amendments to the MOS made by this instrument.

 

Item 9 substitutes a revised definition of the term Taxiway. It clarifies the meaning of that term, which no longer includes an aircraft parking position taxilane.

 

Item 10 inserts new subsections 1.2.2 and 1.2.3 to provide an extended definition of the terms runway and taxiway where those terms are used in relation to the upgrade of aerodrome facilities that are runways and taxiways.

 

Items 11 and 13 omit paragraphs 2.1.1.1 and 2.1.1.3, which refer to requirements in Parts 121A and 121B of CASR 1998. Those Parts of CASR 1998 have not been made. Consequently, paragraphs 2.1.1.1 and 2.1.1.3 were incorrect and are being omitted.

 

Paragraph 2.1.1.2 states that the standards and procedures set out in the MOS are applicable equally to operators of land aerodromes which are either certified or registered. Item 12 omits the word land as the standards and procedures are not confined to aerodromes on land, and may also apply to aerodromes that are, or include, an area of water.

 

Items 14 to 18 amend subsection 2.1.2, which contains provisions relating to standard changes and existing aerodrome facilities, by omitting paragraph 2.1.2.1, substituting paragraphs 2.1.2.2, 2.1.2.3 and 2.1.2.4, and inserting new paragraphs 2.1.2.2A and 2.1.2.3A. The provisions of subsection 2.1.2 will set out when existing aerodrome facilities will be required to comply with the MOS, that is when they are replaced or upgraded, and how non-compliant facilities are to be recorded.

 

Item 19 substitutes paragraph 2.1.3.1 to clarify that an exemption granted in relation to an existing facility continues to apply until its expiry date, unless it is revoked by CASA in the interests of aviation safety.

 

Item 20 substitutes paragraph 2.1.3.2 to require that an application for an exemption from any standard in the MOS must be made and dealt with as if Subpart 11.F of CASR 1998 applied to the application, and include a clear indication of whether, and when, full compliance with the MOS would occur.

 

Currently, Subpart 11.F of CASR 1998 empowers CASA to grant an exemption from compliance with provisions of CAR 1988, CASR 1998 and the Civil Aviation Orders, and includes requirements for making and considering applications for exemptions. To grant an exemption from compliance with a provision of the MOS, CASA is currently required to grant an exemption from a provision of CASR 1998 to the extent that that provision requires compliance with the provision of the MOS. The new note to paragraph 2.1.3.2 refers to a proposed amendment to Subpart 11.F of CASR 1998 to allow CASA to directly grant an exemption from compliance with provisions of a MOS.

 

Item 21 amends paragraph 2.1.3.3 to clarify that if a provision of the MOS imposes a standard subject to a qualifying phrase, such as “if practicable”, “where physically practicable” or “where determined necessary”, the standard applies despite the qualifying phrase. An aerodrome operator would require an exemption from CASA if it wants relief from compliance with the standard. The new note to paragraph 2.1.3.3 confirms that it is CASA, rather than the aerodrome operator, who decides whether the qualifying circumstances exist.

 

Subsection 2.1.5 of the MOS relates to using the International Civil Aviation Organization (ICAO) ARC to specify standards.

 

Item 22 amends paragraph 2.1.5.1. The amendment breaks the link between aeroplane operations and aerodrome design requirements. It removes 2 sentences that refer to the critical aeroplane for a facility, and replaces them with a statement that the ARC letter or number within an element of the ARC selected for design purposes is related to the characteristics of the aeroplane types for which the facility is intended.

 

Item 23 amends paragraph 2.1.5.2, to clarify that the Code number for element 1 of the ARC shall be determined by the aerodrome operator from column 1 of Table 2.11.

 

Item 24 substitutes paragraph 2.1.5.3, to clarify that the Code letter for element 2 of the ARC shall be determined by the aerodrome operator from column 3 of Table 2.11. Paragraph 2.1.5.3 continues to contain the general rule about the method of determining the Code letter. The general rule is that the Code letter is the more demanding Code letter in column 3 of Table 2.11 corresponding to the greatest wingspan or the greatest outer main gear wheel span of the aeroplanes for which the facility is intended to be selected. The new paragraph 2.1.5.3 makes the general rule subject to the exception in paragraph 2.1.5.3A.

 

Item 24 also inserts new paragraph 2.1.5.3A, which provides an exception to the general rule in paragraph 2.1.5.3. It specifies that the Code letter is D where all of the aeroplanes for which the facility is intended to be selected have a wingspan that is less than 52 m and such an aeroplane has an outer main gear wheel span that is at least 9 m but less than 14 m. Under the general rule, the Code letter would be E.

 

Item 25 omits subsection 2.1.6, which contained a list of representative aeroplanes to provide examples of the ARC number and letter combination and the data used to determine that ARC code.

 

Item 26 omits subsection 2.1.8, which contained provisions about the classification and categorisation of non-instrument and instrument runways.

 

Item 27 omits subsection 2.1.9, which contained provisions relating to the design of non-precision approach runways and related approach procedures.

 

Item 28 omits subsection 3.1.7 and the note under that subsection. Subsection 3.1.7 related to transitional arrangements for existing aerodromes licences in the 3 years following the commencement of Part 139 of CASR 1998. As Part 139 of CASR 1998 commenced in 2003, the transitional arrangements are obsolete.

 

Item 29 omits paragraph 5.1.3.9, including the note and Table 5.11, which contained Aircraft Classification Number values for various aircraft types.

 

Item 30 adds a note at the end of paragraph 6.1.1.1, which is an introductory paragraph on the standards for the physical characteristics of aerodromes. The note states that the standards in Chapter 6 are intended for the planning and construction of new aerodrome facilities rather than to limit the operations of aeroplanes.

 

Item 31 omits paragraph 6.1.1.5, which refers to standards in Chapter 13 of the MOS. As Chapter 13 is being omitted by item 57 of Schedule 1 to this instrument, paragraph 6.1.1.5 is no longer required.

 

Item 32 omits paragraph 6.1.1.6, which states that the standards in Chapter 6 are intended for the planning and construction of new aerodrome facilities, and deals with approval by CASA when an existing facility does not meet the standards.

 

Subsection 6.2.3 of the MOS relates to minimum runway width.

 

Item 33 omits footnote a and item 34 omits Note 1 from the table in paragraph 6.2.3.1. That note relates to a reduction in the runway width for small aeroplane operations and refers to Chapter 13. As Chapter 13 is being omitted by item 57 of Schedule 1 to this instrument, the note is no longer required.

 

Item 35 omits paragraph 6.2.3.1A, including the note under that paragraph. Paragraph 6.2.3.1A and the note relate to the interaction between the minimum runway width determined under paragraph 6.2.3.1, and the minimum runway width specified by instructions issued under subregulation 235A (1) of CAR 1988. Following amendment of regulation 235A of CAR 1988, there will no longer be instructions issued under subregulation 235A (1). The requirements relating to minimum runway widths that apply to aeroplane operators will be contained in regulation 235A and are being removed from the MOS.

 

Item 36 substitutes paragraph 6.2.9.3, which relates to runway surface standards for grass, gravel and natural runways. Instead of referring to the standards set out in Chapter 13 (which is repealed by item 57), paragraph 6.2.9.3 will set out those standards in Table 6.2-4A. The table includes standards relating to the maximum height of grass, and the maximum size of loose stones and surface cracks, on the runway and runway strip.

 

Item 37 omits paragraph 6.2.11.3, which requires shoulders on certain runways used by aeroplanes seating 100 passengers or more.

 

Subsection 6.2.18 of the MOS relates to minimum runway strip width.

 

Items 38 and 39 omit footnote a in Table 6.2-5 in paragraph 6.2.18.1. That note relates to reduction in the runway strip width for small aeroplane operations and refers to Chapter 13. As Chapter 13 is being omitted by item 57 of Schedule 1 to this instrument, the footnote is no longer required.

 

Item 40 substitutes Table 6.2-6 in paragraph 6.2.18.2, which gives the runway strip width for non-precision approach runways. The overall runway strip width is given in the table and depends on the ARC and the runway width. The amendment removes the footnotes from the table. Those footnotes related to reductions in the runway strip width in certain circumstances and are no longer appropriate.

 

Item 41 omits Note 1 from Table 6.2-7 in paragraph 6.2.18.3, which gives the runway strip width for precision approach runways. That Note related to reductions in the runway strip width in certain circumstances and is no longer appropriate.

 

Item 42 substitutes paragraph 6.2.23.4, which relates to the standards for the surface of runways strips. Instead of referring to the standards set out in Chapter 13 (which is repealed by item 57), paragraph 6.2.23.4 will refer to the standards in Table 6.2-4A (which is inserted by item 36).

Paragraph 6.2.39.1 of the MOS relates to the bearing strength of a stopway. Item 43 replaces the reference in paragraph 6.2.39.1 to the critical aircraft with a reference to the aircraft that the facility is intended to serve.

 

Item 44 corrects a typographical error in subparagraph 6.3.1.1A (c). The reference should be to paragraph 6.3.9.1A, which contains additional requirements for taxiway shoulders for a code letter E taxiway used for Airbus A380 operations, rather than to paragraph 6.3.1.1A.

 

Section 6.5 of the MOS relates to aprons and subsection 6.5.2 relates to separation distances on aprons. Item 45 inserts new subsection 6.5.2A, which provides for the approval by CASA of aircraft parking position separation distances that are different from those required by subsection 6.5.2. Where physical constraints prevent a proposed aircraft parking position from complying with the separation distances set out in subsection 6.5.2, and the aerodrome operator designs the position in accordance with Part 2 of the ICAO Aerodrome Design Manual, the aerodrome operator may apply to CASA for the approval of the design and a safety case. If CASA approves the design and safety case, then the applicable standards for the position are the approved design and safety case and any conditions imposed by CASA, instead of the standards in subsection 6.5.2 that are specified in the approval.

 

Item 46 substitutes paragraph 6.7.1.1, which allows a glider runway strip to be located within an existing runway strip where the physical characteristics of the site allow it and where the expected annual number of powered aircraft operations does not exceed 5 000. To avoid any doubt about the meaning of operations, item 46 amends this limit from 5 000 operations to 10 000 movements per annum. The item also adds a note that the term movement is defined in section 1.2 of the MOS to mean either a take-off or a landing of an aircraft.

 

Item 47 omits the note under paragraph 7.1.7.2. That note referred to interim arrangements pending the making of Part 173 of CASR 1998. As Part 173 of CASR 1998 was made in 2003, the note is no longer appropriate.

 

Item 48 omits the reference in paragraph 8.2.2.3 to Chapter 13, as Chapter 13 is being omitted by item 57.

 

Paragraph 8.5.28.1 of the MOS relates to tug parking position lines. Item 49 replaces the reference in paragraph 8.5.28.1 to the critical aircraft with a reference to the aircraft that the facility is intended to serve. Item 50 replaces the reference in figure 8.524 in paragraph 8.5.28.1 to critical A/C with a reference to aircraft.

 

Item 51 amends paragraph 8.6.13.2, which relates to the position of runway designation signs and their clearance from aircraft. The reference to “the most critical” aircraft is replaced with a reference to “any” aircraft.

 

Paragraph 8.11.5.2 relates to the location of helicopter taxi guideline designations, and requires that these designations are located and oriented in such a way that they can be seen by the critical aircraft 15 metres away on the taxi guideline. Item 52 amends paragraph 8.11.5.2, to require that they be seen by the pilot of an aircraft rather than by the critical aircraft.

 

Chapter 9 of the MOS relates to visual aids provided by aerodrome lighting. Subparagraph 9.1.1.2 (c) contains a definition of Upgrade of a facility for aerodrome lighting purposes in Chapter 9. Item 53 substitutes subparagraph 9.1.1.2 (c) so that the definition refers to the new definition of Upgrade (for an aerodrome facility) inserted in section 1.2 of the MOS by item 7 of Schedule 1 to this instrument.

 

The notes under subparagraph 9.1.1.2 (c) are not amended by item 53.

 

Paragraph 10.15.5.1 of the MOS relates to maintenance standards for natural and gravel surface runways. Item 54 substitutes paragraph 10.15.5.1 so that it will refer to Table 6.2-4A (which is inserted by item 36) instead of Chapter 13 of the MOS (which is omitted by item 57).

 

The note under paragraph 10.15.5.1 is not amended by item 54.

 

Paragraph 12.1.1.1 of the MOS is an introductory paragraph to Chapter 12, which relates to operating standards for registered aerodromes. Item 55 adds a note at the end of paragraph 12.1.1.1 that operators of registered aerodromes should consider developing an aerodrome manual similar to that required of certified aerodrome operators, in order to keep all relevant aerodrome information and documentation in 1 volume. It also refers readers to regulation 139.095 of CASR 1998 for details that could be included in such a manual.

 

Item 56 inserts new paragraphs 12.1.1.2A and 12.1.1.2B which require specified details of non-compliant facilities to be recorded in an appropriate manual and kept up-to date, and for those details to be included in each aerodrome safety inspection report.

 

Item 57 omits Chapter 13, which sets out standards for aerodromes intended for small aeroplanes conducting air transport operations under Part 121B of CASR 1998. Paragraph 1.1.1.2B states that the standards in Chapter 13 come into effect when Part 121B of CASR 1998 comes into effect. However, it is now intended that there will not be any Part 121B of CASR 1998. Consequently, Chapter 13 is no longer required.

Attachment 2

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Manual of Standards Part 139 Amendment Instrument 2014 (No. 1)

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

This legislative instrument amends the Manual of Standards (MOS) — Part 139 Aerodromes (the MOS) made under the Civil Aviation Safety Regulations 1998.

 

The MOS references the Convention on International Civil Aviation aerodrome reference code (ARC), which is the code to which aerodrome facilities and runways are designed. The application in the MOS of the ARC, which is based on runway length and generic physical aeroplane characteristics, has resulted in aircraft operations being limited. Runways that are narrower than the runway width dimensions set out in the ARC are classified as narrow runways.

 

Following a review of its policy, CASA will no longer require aerodrome operators to upgrade any facility for continued operations of a specifically approved aeroplane type, or the introduction of a new larger aircraft type. Instead, CASA intends that the decision to upgrade aerodrome facilities will be made by the aerodrome operator.

 

Aircraft operators will still need to assess the available aerodrome facilities and any risks associated with operating larger aircraft at an aerodrome designed to a specific ARC, or in many cases aerodromes that were constructed before the current standards. The obligations on aircraft operators are contained in the Civil Aviation Regulations 1988, rather than the MOS, and will be amended by the Civil Aviation Amendment (Narrow Runways) Regulation 2014. This legislative instrument commences on 13 November 2014 to coincide with the commencement of that Regulation.

 

This change in policy requires a significant change to the MOS with the removal of the references to critical aircraft and critical aeroplane from the MOS. This has the effect of de-linking continued aeroplane operations from aerodrome design requirements.

 

The main purpose of this legislative instrument is to amend the MOS in accordance with the policy described above. It coincides with amendments to the regulation relating to the minimum runway width specified for the landing and take-off of aeroplanes.

 

This legislative instrument also makes administrative and typographical corrections, including to update references to regulations and positions within CASA, and to remove obsolete provision of the MOS.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

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