EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
MANUAL OF STANDARDS PART 172 AMENDMENT (NO. 1) 2005
Section 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Some of these regulations are contained in the Civil Aviation Safety Regulations 1998 (CASR 1998). Part 172 of CASR 1998 deals with Air Traffic Service (ATS) Providers. Under subregulation 172.022 (1), CASA may issue a Manual of Standards (MOS) for Part 172 setting out the standards for an ATS provider, its facilities and equipment, and its training and checking. CASA has issued MOS Part 172 (the MOS) for this purpose.
Early in 2005, it was decided to amend the MOS to clarify some possible ambiguities, improve some safety standards and rework other requirements that had been found during entry control processes to be impracticable, unnecessary, vague or ambiguous. It was also decided to more closely align the MOS with aspects of the Airservices Australia (AA) Manual of Air Traffic Services (MATS).
For consultation purposes, on 1 June 2005 CASA published Notice of Proposed Change NPC 172/01, Proposed Amendments to Manual of Standards Part 172 — Air Traffic Service Providers. This NPC was specifically intended to update the MOS and ensure that it and the MATS were consistent. Two submissions were received before the closing date of 2 July 2005 and these were taken into account in formulating the final set of proposed amendments to the MOS.
Manual of Standards Part 172 Amendment (No. 1) 2005 (the Amendment) makes editorial, typographical, renumbering and drafting modifications to update the MOS. Some definitions and notes have been added to assist readers. Some language and expressions have been modified to make the meaning of certain provisions clearer.
The definition of a safety management system has been harmonised with definitions in CASR Parts 139H, and 171. Provisions dealing with the application of wake turbulence separation in radar have been modified to make the requirements for 5 NM and 3 NM separation clearer and more comprehensive. Wake turbulence standards and applicable airspace have been specified in full rather than left to cross references to ICAO documents.
To better align the MOS with the existing standard in MATS, express reference is made to separation between ADS-C tracks and radar tracks. The wording and diagrams in some tables establishing separation minima have been modified for clarity and to achieve greater consistency. The conditions for some separation circumstances have been adjusted. Certain requirements for Required Navigation Performance (RNP) standards have been modified and consolidated.
To better align with the existing MATS, a new provision is included in the Amendment to ensure that runway traffic information is also passed to relevant vehicle drivers as well as aircraft. A new provision also allows broader categories of Australian aircraft to participate in land and hold short operations (LAHSO) if approved in writing by CASA. Specific additional military aircraft are approved for participation in LAHSO.
Separation standards are aligned with the services in a general aviation aerodromes procedures control zone (GAAP CTR). Finally, new standards are specified for certain flights in Class E and Class G airspace.
Legislative Instruments Act
Under subsections 98 (5A) and (5B) of the Act, MOS Part 172 was declared to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The Amendment is, therefore, a legislative instrument and 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 has taken place in the usual way under the Notice of Proposed Change process referred to above. Submissions received within the time limit for comment were taken in to account.
The Amendment is minor or machinery in nature and will not substantially alter existing arrangements. For these reasons, the Office of Regulation Review does not require a Regulation Impact Statement.
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Manual of Standards Part 172 Amendment (No. 1) 2005]
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation safety in Australia, addressing the need for comprehensive safety standards and regulatory oversight in the aviation sector. Section 98 of the Act empowers the Governor-General to make regulations for air navigation safety, with some of these regulations detailed in the Civil Aviation Safety Regulations 1998 (CASR 1998). Part 172 of the CASR 1998 specifically governs Air Traffic Service (ATS) Providers, and the Civil Aviation Safety Authority (CASA) issues the Manual of Standards (MOS) Part 172 to outline the required standards for these providers. The Manual of Standards Part 172 Amendment (No. 1) 2005 was introduced to address ambiguities, improve safety standards, and align the MOS with the Airservices Australia (AA) Manual of Air Traffic Services (MATS). This amendment aimed to enhance clarity and consistency in the standards, ensuring better safety and operational practices in air traffic services. The policy objective was to ensure that the MOS remains a practical and effective regulatory tool, consistent with industry standards and safety requirements.
Scope and Application
The Manual of Standards Part 172 Amendment (No. 1) 2005 amends the Manual of Standards Part 172, which sets out the standards for Air Traffic Service (ATS) providers, their facilities and equipment, and their training and checking, under the Civil Aviation Safety Regulations 1998 (CASR 1998). These standards are intended to ensure the safety of air navigation. The Amendment applies to ATS providers, their facilities and equipment, and their training and checking. It is made under the authority of section 98(1) of the Civil Aviation Act 1988 and the Legislative Instruments Act 2003. The Amendment makes editorial, typographical, renumbering and drafting modifications to the Manual of Standards Part 172 to update and clarify certain provisions. It also includes new provisions to better align the Manual of Standards Part 172 with the existing standard in the Manual of Air Traffic Services and to improve safety standards. The Amendment is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. Consultation under section 17 of the Act has taken place and submissions received within the time limit for comment were taken into account. The Amendment is minor or machinery in nature and will not substantially alter existing arrangements.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) that are amended by the Manual of Standards Part 172 Amendment (No. 1) 2005 (the Amendment) pertain to the standards for Air Traffic Service (ATS) providers, their facilities, equipment, training, and checking, as stipulated in subregulation 172.022(1). The Amendment makes modifications to update the Manual of Standards (MOS) Part 172, which sets out the standards required for ATS providers to ensure the safety of air navigation (section 98(1) of the Civil Aviation Act 1988). It includes editorial, typographical, renumbering, and drafting changes, as well as the addition of definitions, notes, and specific language modifications to clarify certain provisions. The Amendment also introduces new provisions to ensure runway traffic information is communicated to relevant vehicle drivers, allows broader categories of Australian aircraft to participate in land and hold short operations (LAHSO), and aligns separation standards with the services in a general aviation aerodromes procedures control zone (GAAP CTR).
The Amendment imposes obligations on ATS providers to ensure their facilities, equipment, training, and checking meet the updated standards outlined in the MOS Part 172. This includes adhering to new safety management system definitions, clearer wake turbulence separation requirements, and specified standards for certain flights in Class E and Class G airspace. ATS providers must also ensure that runway traffic information is appropriately communicated to both aircraft and relevant vehicle drivers, and that any land and hold short operations are conducted in accordance with the approved categories and standards.
Breach of the standards set out in the MOS Part 172 may lead to civil or criminal consequences, depending on the severity of the non-compliance. The maximum penalties for breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can include substantial fines and, in serious cases, imprisonment. For example, under section 34 of the Civil Aviation Act 1988, a person who contravenes a regulation may be liable to a penalty of up to $222,200 for a corporation and $44,440 for an individual. Additionally, under section 279, a person who commits an offence against the Act may be liable to imprisonment for up to five years. The specific penalties depend on the nature and seriousness of the breach, and are determined by the courts in accordance with the applicable legislation.