Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AMENDMENT REGULATIONS 2001 (NO. 3) 2001 NO. 348

Statutory Rules 2001 No. 348

Issued by the Authority of the Minister for Transport and Regional Services

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2001 (No. 3)

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 relation to the safety of air navigation.

Subsection 9 (1) of the Act specifies that the Civil Aviation Safety Authority (CASA) has the function of, among other things, conducting safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise safety standards.

Australian legislation became effective on 1 January 2000 which requires all turbine-powered commercial transport aeroplanes certified to carry more than 30 passengers or with a maximum take off weight in excess of 15000 kg, to be fitted with an Airborne Collision Avoidance System (ACAS) when operating in Australian airspace.

In respect of Australian-registered aircraft, the regulations provide for operations with the ACAS unserviceable provided such operations are conducted under the provisions of an approved Minimum Equipment List (MEL). The maximum period that the ACAS may be unserviceable is three (3) days.

Under Civil Aviation Regulation (CAR) 262AG, if the ACAS fitted to a foreign-registered aircraft becomes unserviceable whilst in Australian territory the aircraft is permitted to operate provided it does so under a law in force in the country in which the aircraft is registered (i.e., an approved MEL or similar provision). However, CAR 262AG (1) currently prohibits the foreign-registered aircraft from flying into Australian territory in the first place unless the ACAS was serviceable at the commencement of the flight. Foreign-registered airlines and the International Air Transport Association have queried this regulation as being an additional impost on foreign-registered aircraft which does not apply to Australian-registered aircraft.

The requirement was originally imposed because some States have not yet mandated the carriage of ACAS and, even when a MEL or similar provision is in place, the permitted period of unserviceability may be up to ten days, which is well in excess of the maximum three days required by Australia.

These Regulations will prescribe certain requirements in relation to the operation of collision avoidance systems fitted to foreign-registered aircraft. The Regulations will not have an adverse effect on business, are considered minor in nature and will not substantially alter existing arrangements.

The Regulations will:

•       bring the requirements for foreign-registered aircraft into line with those which apply to Australian-registered aircraft;

•       remove the requirement for the ACAS fitted to foreign-registered aircraft to be serviceable when the aircraft begins the flight intending to enter Australian territory, provided the operation is permitted under a law in force in the country in which the aircraft is registered; and

•       restrict the operation of foreign-registered aircraft with ACAS unserviceable in Australian territory to a maximum period of 72 hours (i.e., three days) in any 10 days.

Details of the amending Regulations are attached.

The Regulations commenced on gazettal.

ATTACHMENT

Civil Aviation Amendment Regulations 2001 (No. 3)

DETAILS OF THE AMENDING REGULATIONS

Regulation 1 - Name of Regulations

Regulation 1 names the amending regulations as the Civil Aviation Amendment Regulations 2001 (No. 3).

Regulation 2 - Commencement

Regulation 2 provides that these Regulations commence on gazettal.

Regulation 3 - Amendment of Civil Aviation Regulations 1988

Regulation 3 provides that Schedule 1 amends the Civil Aviation Regulations 1988.

Schedule 1 - Amendments

Item 1 - Subregulation 262AG (1)

Item 1 omits existing Subregulation 262AG (1) that previously required a foreign aircraft to have an approved serviceable Traffic Alert and Collision Avoidance System (TCAS 11) fitted when the flight began.

Item 2 - Paragraph 262AG (3) (b)

Item 2 replaces the existing paragraph 262AG (3) (b) dealing with permissions to operate a foreign-registered aircraft with unserviceable Traffic Alert and Collision Avoidance System (TCAS) equipment by stipulating the maximum time for which the TCAS may remain unserviceable.