Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

CIVIL AVIATION REGULATIONS (AMENDMENT) 1991 NO. 382

STATUTORY RULES 1991 No. 382

Civil Aviation Act 1988

Civil Aviation Regulations (Amendment)

Issued by the authority of the Minister of State for Shipping and Aviation Support

Subsection 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 particular in relation to the safety of air navigation.

The Civil Aviation Regulations (Amendment) amend the Civil Aviation Regulations ("the Principal Regulations") primarily to restructure Australia's airspace and air traffic management system.

Australia's current airspace and air traffic management system is a combination of equipment, techniques and procedures that have evolved over 40 years. This evolution has produced a mixture of equipment of many ages, technologies and types. While the current system has been safe and efficient it was not designed to handle the air traffic of the future. It is also expensive to operate and maintain and its ability to expand is limited.

The Civil Aviation Authority (the Authority) recognises that changes to Australian aerospace management are required in order to improve the efficiency of the aviation system and to enhance its level of safety.

The major change to the existing system effected by the amending regulations is the introduction of a new airspace classification developed by the International Civil Aviation Organisation (ICAO) which the world's leading aviation nations, including the United States of America, Canada and the European States, intend to implement.

This change will bring Australia into line with the world wide move to standardise airspace management and at the same time achieve greater safety and efficiency. The Authority has decided to adopt the ICAO airspace classification because it facilitates a system which has been proven overseas in a wide range of traffic situations, gives the flexibility to provide a wider set of responses to changing industry demands and which is highly desirable in oceanic airspace so as to interface with Australia's neighbours.

The amending regulations are part of a 5 year plan that will see the modernisation of aviation in Australia. During this period the Authority will be implementing a number of initiatives which will fundamentally alter the way Australian airspace is managed. These changes will be part of an evolutionary process that will result in more flexible and safer system.

Details of the amendments are attached.

ATTACHMENT

DETAILS OF CIVIL AVIATION REGULATIONS (AMENDMENT)

Regulation 1

This regulation provides that the amending regulations commence on 12 December 1991.

Regulation 2

This regulation provides that the Civil Aviation Regulations (the Principal Regulations) are amended as set out in the amending Regulations.

Regulation 3

This regulation makes a number of changes to the various definitions in regulation 2 of the Principal Regulations that are required as a result of the proposed new classification of airspace.

Subregulation 3.1 omits the definition of "aerodrome flight information zone" from subregulation 2(1).

Subregulations 3.2 and 3.3 substitute new definitions of "flight information area" and "V.M.C." for the existing definitions in subregulation 2(1).

Subregulation 3.4 inserts in subregulation 2(1) new definitions of "air traffic control service", "flight information service", "traffic advisory service", "traffic avoidance advice" and "traffic information".

Regulation 4

This regulation replaces the previous heading to Division 3 of Part IX of the Principal Regulations because Division 3 and 4 of Part IX (which dealt with Air Traffic Control and Flight Service, respectively) have been combined into a new Division 3 called "Air Traffic Services". The amalgamation of these Divisions will avoid duplication and ensure the uniformity and co-ordination of services provided by the Authority through Air Traffic Control and Flight Service.

Regulation 5

This regulation amends regulation 98 of the Principal Regulations (which sets out the functions of Air Traffic Control) to make it clear that Air Traffic Control has the functions necessary to provide the air traffic services that will be provided in the new ICAO-based airspace classifications. In particular, Air Traffic Control will be able to provide a traffic avoidance advice, traffic information and a flight information service in the proposed new classes of airspace.

Regulation 6

This regulation repeals regulation 99 of the Principal Regulations and substitutes new regulations 99 and 99AA.

Regulation 99 previously provided the legislative power for Australia's existing airspace classification. This regulation has been repealed and a new regulation has been substituted which will allow the Authority to classify Australia's airspace in accordance with ICAO airspace classifications.

These classifications are set out in the new Schedule 3 that has been inserted by regulation 19. New paragraph 99(1)(e) empowers the Authority to designate airspace that is within defined horizontal and vertical limits as belonging to one of the classes of airspace set out in Schedule 3.

Once the Authority designates airspace under subregulation 99(1) then it is required by subregulation 99(2) to publish notice of the designation, and details of any limits in the designation, in Aeronautical Information Publications (AIP) or in Notices to Airmen (NOTAMS) in certain cases.

The new classification of airspace will create a more flexible range of air traffic services, ranging from positive separation of all aircraft to a flight information service. It will allow the degree of service to be varied to suit the demands of particular environments.

New regulation 99AA is necessary as a result of the insertion of regulation 99 allowing the Authority to designate airspace in accordance with ICAO classifications. Regulation 99AA sets out the services that Air Traffic Control and Flight Service are to provide in different designated areas (such as at controlled aerodromes or in flight information areas) and also provides the legislative basis for the restrictions and services in the new ICAO airspace classification set out in Schedule 3.

Subregulation 99AA(5) also empowers the Authority to give directions and instructions about the use of particular classes of airspace and to provide information about the services provided in such airspace. Any such direction, instruction or information must be published in Civil Aviation Orders, AIP or NOTAMS. Subregulation 99AA(7) makes it an offence for a pilot to fly in airspace in contravention of a direction or instruction issued under subregulation 99AA(5) or a restriction set out in Schedule 3 in relation to a particular class of airspace.

Regulation 7

This regulation amends regulation 102 of the Principal Regulations by omitting references to "licences granted under Division 3" and specifying the actual name of the licence.

This is a technical amendment that is consequential upon the combining of Divisions 3 and 4 of Part IX of the Principal Regulations.

Regulation 8

This regulation amends regulation 106 of the Principal Regulations for the reasons set out in regulation 7 above.

Regulation 9

This regulation amends regulation 108 of the Principal Regulations for the reasons set out in regulation 7 above.

Regulation 10

This regulation omits the heading to Division 4 of Part IX. Again this is a technical amendment that is consequential upon the combining of Divisions 3 and 4 of Part IX of the Principal Regulations.

Regulation 11

This regulation omits regulation 111 of the Principal Regulations. Regulation 111, which provided that the Authority may designate airspace as flight information areas or aerodrome flight information zones, is no longer necessary as this power has been included in the new regulation 99.

Regulation 12

This regulation amends regulation 112 of the Principal Regulations by omitting references to "licences under Division 4" and specifying the actual name of the licence. This is a technical amendment that is consequential upon the combining of Divisions 3 and 4 of Part IX of the Principal Regulations.

Regulation 13

This regulation omits from paragraph 113(b) of the Principal Regulations the reference to "aerodrome flight information zones" and substitutes a reference to "aerodromes". Ratings will no longer be issued to provide services in respect of aerodrome flight information zones but in respect of aerodromes.

Regulation 14

This regulation omits from regulation 116 of the Principal Regulations the reference to "a licence under this Division" and substitutes a reference to "a flight service officer licence". This is a technical amendment that is consequential upon the combining of Divisions 3 and 4 of Part IX of the Principal Regulations.

Regulation 15

This regulation amends regulation 118 of the Principal Regulations for the reasons set out in regulation 14 above.

Regulation 16

This regulation repeals regulation 163 of the Principal Regulations and substitute new regulations 163 and 163AA.

Regulation 163 of the Principal Regulations provided that an aircraft must not be operated on the ground in such manner as to create a hazard to itself or to other aircraft and, subject to subregulation 163(3), must not be operated in the air closer than 600 metres horizontally and 500 feet vertically to another aircraft. Subregulation 163(3) gave the Authority a discretion to vary the distance restrictions set out in subregulation 163(1).

The Authority considers that it is not necessary from a safety point of view for distances to be prescribed in order to require a pilot in command to ensure that his or her aircraft is a safe distance from another aircraft. Nor was it always possible, under the previous provisions of subregulation 163(1), for a pilot to assess whether his or her aircraft was within the statutory distances without the aid of sophisticated electronic equipment. In such cases, the pilot had to make an assessment of the distance visually rather than electronically. The Authority considers that whether or not an aircraft is so close to another aircraft as to create a collision hazard is a matter that may reasonably be left to the judgement of the pilot in command after he or she has assessed the situation, assisted by whatever means (if any) as may be available to him or her, so as to ensure that a collision does not occur. This is the situation in leading overseas aviation countries such as the United States of America and is in line with the airspace classification proposals.

Accordingly new regulation 163 simply prohibits an aircraft from flying so close to another aircraft as to create a collision hazard.

Subregulation 163(2) of the Principal Regulations previously provided for formation flying and prohibited such flying except by pre-arrangement after Air Traffic Control had been notified and then only in Visual Meteorological Conditions by day. This provision has been repealed and a new regulation 163AA which sets out the conditions under which aircraft can be flown in formation has been substituted.

The conditions set out in new regulation 163AA have been developed by the Authority in response to the increased number of aircraft wishing to fly in formation. The Authority considers that it is appropriate, from a safety point of view, to require the pilots in command to be qualified to fly in formation.

Under the new regulation, a formation flight must be conducted under the Visual Flight Rules by day or with the approval of the Authority.

New regulation 163AA also defines what is meant by a formation flight. There was no such definition previously and this had caused some problems in the past. The new definition is in line with international practice in countries such as the United States of America.

Regulation 17

This regulation amends regulation 172 of the Principal Regulations by omitting subregulations 172(2) and (3) and substituting new subregulations 172(2), (2A), (2B), and (3).

The previous subregulations 172(2) and (3) set out the minimum Visual Meteorological Conditions (VMC) and distance from cloud requirement for aircraft engaged in operations under the Visual Flight Rules (VFR) when flying below 5,000 feet.

As part of the overall exercise to reclassify Australian airspace in accordance with ICAO requirements it has also been necessary to specify new VMC minima and distances from cloud for VFR operations in the various new classes of airspace because each of the classes of airspace in the ICAO classification has a related meteorological criterion. Accordingly, the previous subregulations 172(2) and (3) have been repealed.

New subregulations 172(2), (2A), (2B) and (3), therefore, enable the Authority to determine the relevant VMC minima and distances from cloud for VFR operations. Any such determination must be notified by the Authority in AIP or in NOTAMS. The new minima and distances will be consistent with ICAO requirements.

Regulation 18

This regulation amends regulation 173 of the Principal Regulations by omitting subregulations 173(1) and (2) and substituting new subregulations 173(1), (2) and (2A).

The previous subregulations 173(1) and (2) set out the flight visibility requirements for aircraft engaged in VFR operations at or above 5,000 feet.

For the reasons set out above in relation to regulation 17 the previous subregulations 173(1) and (2) are no longer appropriate and have been repealed and replaced with a requirement that VFR aircraft are flown at a level appropriate to their magnetic track. These levels will be specified by the Authority in AIP or NOTAMS and will be in accordance with the ICAO hemispherical table of cruising levels.

Regulation 19

This regulation adds a Schedule 3 to the Civil Aviation Regulations which sets out Australia's new classes of airspace, restrictions on the use of airspace belonging to those classes of airspace and particulars of the services provided in the various classes of airspace. The new classes of airspace are modelled on the ICAO airspace classification.

Regulation 20

This regulation is a transitional provision that is required as a result of the repeal and replacement of various regulations.

Subregulation 20.1 provides that a designation of an aerodrome or airspace that was in force before the commencement of the proposed regulations remains in force as if it were made under regulation 99 after that commencement.

Subregulation 20.2 provides that if a person holds a flight service officer licence on which a valid flight information and alerting rating was endorsed before the commencement of the proposed regulations, the holder of the licence may continue to provide, or supervise the provision of services in accordance with that rating.