Manual of Standards Part 139 Amendment (No. 2) 2008

Overview

The Civil Aviation Safety Regulations 1998, specifically the Manual of Standards Part 139 Amendment (No. 2) 2008, were enacted to address the need for updated standards and references for aerodrome operations in light of the introduction of larger and more advanced aircraft into the Australian aviation sector. This legislative instrument, made under the authority granted by subsection 98(1) of the Civil Aviation Act 1988, ensures that the standards for aerodromes, particularly in relation to their physical characteristics and equipment, remain current and aligned with technological advancements. The Manual of Standards Part 139 Amendment (No. 2) 2008 was formulated by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) and is subject to parliamentary oversight and approval as per the Legislative Instruments Act 2003. The policy objective is to maintain and enhance the safety of air navigation by ensuring that aerodromes are equipped to handle the demands of modern aircraft, such as the Airbus A380 and Boeing 777-300.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) apply to any person or entity involved in the operation of aerodromes within Australia, including the certification of aerodromes and the requirements for their operators. This applies to various industries and entities such as aerodrome operators, aircraft manufacturers, and aviation service providers. The regulations are designed to ensure the safety of air navigation and are applicable nationwide, covering all states and territories within Australia. The standards set out in Part 139 of the CASR 1998 are governed by the Manual of Standards Part 139 (MOS Part 139), which specifies the standards for aerodrome facilities and equipment, including runways and taxiways. These standards are determined based on the aerodrome reference code (ARC) of the aeroplanes using the aerodrome. The recently amended MOS Part 139 updates the list of aeroplanes to include new models such as the Airbus A380, A340-500, and A340-600, as well as the Boeing 777-300 and various Bombardier and Embraer types. The amendment to MOS Part 139 is considered a legislative instrument under the Legislative Instruments Act 2003 and is subject to the processes of tabling and disallowance in Parliament. The amendment process involved consultation, with notices of proposed and final changes issued to inform stakeholders of the updates to the aeroplane list. The instrument commenced on the day following its registration, and was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), in accordance with the Civil Aviation Act 1988.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) are those that pertain to the operation of aerodromes, specifically regulation 139.015. This regulation mandates that the standards for aerodromes must comply with those set out in the Manual of Standards Part 139 (MOS Part 139). The MOS Part 139 Amendment (No. 2) 2008 updates the list of aeroplanes in Table 2.1-2, which provides indicative values for determining the aerodrome reference code (ARC) of runways and taxiways. The amendment includes newer aeroplane types such as the Airbus A380, A340-500, A340-600, Boeing 777-300, and various Bombardier and Embraer types. This update ensures that the standards for aerodromes reflect the current types of aeroplanes operating in Australia. The obligations and requirements imposed by the Civil Aviation Safety Regulations 1998, as amended by the MOS Part 139 Amendment (No. 2) 2008, include ensuring that aerodromes meet the updated standards for their physical characteristics, specifically the movement area such as runways and taxiways. Operators of certified aerodromes must ensure that their facilities and equipment comply with the standards set out in MOS Part 139. This involves determining the appropriate ARC for each runway and taxiway based on the most demanding aeroplanes using those facilities, and ensuring that the physical characteristics meet the standards corresponding to those ARCs. The amendment requires that operators of aerodromes stay updated with the latest information, including the new aeroplane types listed in the updated Table 2.1-2. Any breach of the Civil Aviation Safety Regulations 1998 or the Manual of Standards Part 139 could result in various consequences, including the potential for safety hazards at aerodromes. While the Civil Aviation Safety Regulations 1998 themselves do not specify penalties for non-compliance, breaches of these regulations could lead to enforcement actions by the Civil Aviation Safety Authority (CASA). The severity of the consequences would depend on the nature and extent of the non-compliance. Under the Civil Aviation Act 1988, CASA has the power to take enforcement actions, including issuing infringement notices or pursuing legal action for more serious breaches. The maximum penalties for offences under the Civil Aviation Act 1988 can vary significantly, with potential fines and imprisonment for serious offences. The exact penalties would be determined based on the specific breach and the circumstances surrounding it.