Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1993 NO. 319

EXPLANATORY STATEMENT

STATUTORY RULES 1993 No. 319

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 GovemorGeneral may make regulations for the purposes of the Act and in relation to the safety of air navigation.

The Regulations amend the Civil Aviation Regulations (the Regulations) to provide greater flexibility in relation to the management and use of airspace. The provisions of the Regulations relating to the determination and use of airspace have proved unduly inflexible. They do not, in particular, recognise the need for airspace to move from one Class to another in certain circumstances or for airspace determinations to stop operating, either permanently or temporarily on the happening of certain events, or in certain circumstances. The amended Regulations establish a more flexible legislative basis for the airspace system. They also give the Authority power to determine broadcasting requirements to be observed at certain aerodromes or in certain areas. These provisions will ensure that pilots in command of aircraft at those aerodromes or areas use specified frequencies to make broadcasts of, for example, their position and flight details.

The Regulations are also amended to allow for greater flexibility in the specification of the navigation equipment that must be carried by aircraft and how the equipment is to be used. The provisions of the Regulations relating to the planning of flights have also been amended to take account of current requirements and practice.

DETAILS OF THE AMENDMENTS ARE AS FOLLOWS:

REGULATION 1

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

REGULATION 2

Subregulation 2 (1) inserts a number of new definitions into the interpretation provisions of the Civil Aviation Regulations. The definitions inserted are concerned with terms relating to aircraft navigation and aircraft navigation systems.

Subregulation 2 (2) amends subregulation 2 (1) of the Regulations by replacing the definition of "control area" with a new definition. The present definition refers to airspace designated as a control area under paragraph 99 (1) (b) of the Regulations. In fact, that airspace would be the same as airspace designated under paragraph 99 (1) (e) of the Regulations as belonging to Class A, C, D or E airspace. The new definition of "control area" consequently refers to airspace designated as belonging to Class A, C, D or E airspace, as well as to airspace designated under paragraph 99 (1) (b), in order to avoid the need for a separate designation under both paragraphs 99 (1) (b) and (e).

REGULATION 3

Subregulation 87 (1) of the Regulations requires the Authority to publish determinations of use of air routes and airways in Aeronautical Information Publications (AIP). Regulation 3 amends this provision to enable the Authority to publish the determinations in Notices to Airmen (NOTAMS) instead. Both kinds of publications are established under section 18 of the Act and are regularly used, and are intended to be used, by pilots in preparing and conducting their flights.

REGULATION 4

Regulation 4 makes the following amendments to regulation 99 of the Regulations.

Paragraphs 99 (1) (b) and (c) are amended to allow the Authority greater flexibility in defining the altitude of control areas and control zones. The amendment for example, enables the Authority to define the vertical Emits by reference to mean sea level rather than the earth's surface.

Paragraph 99 (1) (e) is replaced by a new paragraph enabling the Authority to designate defined airspace as belonging to Class A, B, C, D, E, F or G airspace. Those are the classes of airspace at present identified in Schedule 3 to the Regulations. As other amendments remove the need to specify in the Schedule the services to be provided in the various classes of airspace, the Schedule are unnecessary. The various classes of airspace established under the Schedule have been moved directly into paragraph 99 (1) (e) of the Regulations.

A new subregulation 99 (1A) is inserted to enable the Authority to limit the operation of designations made by it under subregulation 99 (1). Under the new provision, the operation of a designation could be brought to an end at the end of a particular period, or when a particular event happens. The designation could, on the other hand, be made to operate only in certain specified circumstances.

New subregulation 99 (1B) gives the Authority further flexibility to frame designations so as to move a particular airspace, or part of an airspace, from one class to another in specified circumstances. A designation could, for example, be made putting a particular airspace in Class A but transferring it, or part of it, to Class G whenever air traffic control services for the Class A airspace stopped.

The present subregulation 99 (2) has been replaced by a new provision that takes account of the provisions of the new subregulations 99 (1A) and (1B). Unlike the present subregulation 99 (2), it allows a designation to be published in NOTAMS, whether or not the designation is of a temporary nature.

New subregulation 99 (3) provides that a controlled aerodrome stops being a controlled aerodrome whenever aerodrome control services are not available for it. New subregulation 99 (4) contains similar provisions for control zones, which stop being control zones for as long as air traffic control services are not available. While similar results could have been obtained by appropriately worded designations under the proposed new subregulation 99 (1A), it is not intended that there be any discretion in these cases and they are dealt with specifically in the new subregulations.

New subregulation 99 (5) effects an automatic transfer of airspace from Class D to Class G airspace whenever air traffic control services are not available. Again, a similar result could have been obtained through an appropriately worded designation using proposed new subregulation 99 (1B). For reasons similar to those mentioned in relation to the new subregulations 99 (3) and (4), this particular change in the class of airspace is dealt with by a specific provision.

New subregulation 99 (6) requires the Authority to publish in AIP and NOTAMS notice of the scheduled starting and stopping times for aerodrome control services and air traffic control services. If any of those services do not, or will not, start or stop at a scheduled time, the Authority is, required by the new subregulation 99 (7) to publish a notice of the actual or proposed starting or stopping time. New subregulation 99 (8) does, however, provide that the obligation to publish under subregulation 99 (7) does not arise unless the Authority thinks that publication is necessary in the interests of the safety of air navigation. Thus, for example, if the scheduled time for air traffic control services was extended for 20 minutes to allow for the arrival of an overdue aircraft and no other aircraft was scheduled to use the relevant airspace during that 20 minutes, the Authority could decide that there were no air navigation safety implications involved. The provision also saves the Authority from having to publish very insignificant variations after they have happened.

REGULATION 5

Regulation 5 makes the following amendments to regulation 99AA of the Regulations.

Subregulation 99AA (3) has been replaced by a new subregulation. It is no longer intended that the services provided by Air Traffic Control or Flight Service for each class of airspace be set out in a schedule. If that requirement is removed, the only restriction on the use by aircraft of a class of airspace is the restriction that applies to aircraft engaged in Visual Flight Rules (V.F.R.) flights in Class A airspace. There would therefore be no real need for a schedule and the single existing restriction could more appropriately be dealt with in regulation 99AA of the Regulations. New subregulation 99AA (3) therefore imposes the existing restriction as a direct prohibition.

The present subregulation 99AA (5) has been replaced by 2 new provisions. New subregulation 99AA (5) allows the Authority to give directions or instructions about the use of a class of airspace, a controlled aerodrome, or a control area or zone, by aircraft on Instrument Flight Rules (I.F.R.) or V.F.R. flights. It also allows particulars of certain services provided under subregulation 99AA (4) of the Regulations to be given. New subregulation 99AA (5A) applies to a class of airspace, or part of a class of airspace, above a restricted area or a danger area. It allows the Authority to give different directions and instructions and provide different services, or provide services in different ways, to those that would normally apply in the class of airspace as a whole.

The present subregulation 99AA (7) has been replaced by a new subregulation as a consequence of the repeal of Schedule 3 to the Regulations and the need to provide for directions or instructions given under the new subregulation 99AA (5A).

REGULATION 6

Regulation 6 inserts a new regulation 99A into the Regulations, Subregulation 99A (1) enables the Authority to designate aerodromes and areas where broadcast requirements apply. Subregulation 99A (2) requires details of designations to be published in AIP or NOTAMS. The Authority has power under subregulation 99A (3) to specify in a direction the particular broadcast requirements that are to apply to a designated aerodrome or area. Any such directions have to be published under new subregulation 99A (4). Subregulation 99A (5) requires a pilot in command of an aircraft at that designated aerodrome or area to comply with applicable directions.

REGULATION 7

Regulation 7 amends regulation 172 of the Regulations by adding subregulations (4) and (5). Subregulation 172(4) allows special V.F.R. flights to be carried out if permitted by Air Traffic Control and subject to any conditions that apply under the permission. Subregulation 172 (5) defines a "special V.F.R. flight" as a flight in a control zone (or in an adjacent control area for the purpose of entering or leaving a control zone) that is conducted in conditions that do not meet the requirements of subregulation 172 (2) of the Regulations. The Regulations include a consequential amendment of subregulation 172 (2).

Subregulation 172 (3) is amended to omit the reference to Schedule 3 as a consequence of the repeal of that schedule.

REGULATION 8

Regulation 8 amends subregulations 173 (1) and (2) of the Regulations to make it clear that the requirements of those provisions are subject to, and therefore do not override any conflicting air traffic control instructions.

REGULATION 9

This regulation amends regulation 174A of the Regulations. The existing regulation 174A provides that aircraft must carry suitable equipment before undertaking a flight under the V.F.R. To enable the Authority to control the equipment to be carried on aircraft, the regulation has been amended to provide that an aircraft must not undertake a V.F.R. flight unless the aircraft is equipped in accordance with instructions issued by the Authority. If an instruction is not issued as a Civil Aviation Order, the instruction does not bind a person until it has been served on the person or it has been published in NOTAMS or AIP.

REGULATION 10

This regulation inserts a new regulation 174D which will allow the Authority to issue instructions dealing with the navigation of an aircraft on a V.F.R. flight and to require an aircraft to carry equipment to enable the aircraft to navigate in accordance with the instructions. If an instruction is not issued as a Civil Aviation Order, the instruction does not bind a person until it has been served on the person or it has been published in NOTAMS or AIP. There is also provision for the Authority to give permission for a V.F.R. flight to proceed if the necessary equipment is not carried on the aircraft.

REGULATION 11

This regulation amends subregulation 175 (2) to remove the requirement for an aircraft on an extended flight over water to follow the I.F.R. This requirement was considered an unreasonable restriction. Due to amendment of subregulation 175 (2) and to make the provision clearer, subregulation 175 (2) has been remade as subregulations 175 (2) and (3).

REGULATION 12

The existing subregulation 177 (1) provides that aircraft must carry suitable equipment before undertaking a flight under the I.F.R. To enable the Authority to control the equipment to be carried on aircraft, regulation 177 is amended to provide that an aircraft must not undertake an I.F.R. flight unless the aircraft is equipped in accordance with instructions issued by the Authority. If an instruction is not issued as a Civil Aviation Order, the instruction does not bind a person until it has been served on the person or it has been published in NOTAMS or AIP.

REGULATION 13

This regulation inserts a new regulation 179A in the Regulations. The new provision will allow the Authority to issue instructions dealing with the navigation of an aircraft on an I.F.R. flight and to require an aircraft to carry equipment to enable the aircraft to navigate in accordance with the instructions. If an instruction is not issued as a Civil Aviation Order, the instruction does not bind a person until it has been served on the person or it has been published in NOTAMS or AIP. There is also provision for the Authority to give permission for an I.F.R. flight to proceed if the necessary equipment is not carried on the aircraft.

REGULATION 14, 15 AND 16

These regulations omit the existing regulations 236, 237 and 239 and insert new regulations 239 and 240. The former regulations all dealt with the requirements relating to the planning of flights.

The new regulation 239 provides for the planning of a flight by a pilot in command and the information that the pilot must take into account in the planning process. It also includes requirements for extra fuel to be carried if an alternative course of action may need to be followed.

The new regulation 240 provides that the Authority may issue instructions about certain aspects of the planning of flights such as, among other things, the weather reports to be considered and the conditions that an alternate aerodrome must meet. If an instruction is not issued as a Civil Aviation Order, the instruction does not bind a person until it has been served on the person or it has been published in NOTAMS or AIP. There is also provision for the Authority to give permission for a pilot in command to plan a flight without regard to information required in an instruction issued by the Authority.

REGULATION 17

Regulation 17 repeals Schedule 3 of the Regulations as it is no longer necessary in view of the other amendments made by the Regulations.

The Regulations commenced on gazettal.


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