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Primary content

Civil Aviation Safety Regulations 1998

Authoritative Version
  • - F2013C00316
  • In force - Superseded Version
  • View Series
SR 1998 No. 237 Regulations as amended, taking into account amendments up to Civil Aviation Legislation Amendment (Miscellaneous) Regulation 2013
Principal Regulations
Administered by: Infrastructure and Regional Development
Registered 11 Jun 2013
Start Date 21 May 2013
End Date 17 Dec 2013
Table of contents.

Commonwealth Coat of Arms

Civil Aviation Safety Regulations 1998

Statutory Rules No. 237, 1998 as amended

made under the

Civil Aviation Act 1988

Compilation start date:                     21 May 2013

Includes amendments up to:            SLI No. 80, 2013

This compilation has been split into 4 volumes

Volume 1:       rr. 1.001–42.1105

Volume 2:       rr. 45.005–92.205

Volume 3:       rr. 99.005–137.300

Volume 4:      rr. 139.005–202.900
Dictionary and Endnotes

Each volume has its own contents

About this compilation

The compiled instrument

This is a compilation of the Civil Aviation Safety Regulations 1998 as amended and in force on 21 May 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 11 June 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

  

  

  


Contents

Part 139—Aerodromes                                                                                                       1

Subpart 139.A—General                                                                                                   6

139.005................. Applicability of this Part..................................................... 6

139.010................. Definitions for this Part...................................................... 6

139.015................. Standards for aerodromes................................................... 6

139.025................. Access to aerodromes......................................................... 7

139.030................. Restrictions on use of terminal instrument flight procedures 7

139.035................. No effect on operation of Airports (Building Control) Regulations 1996 etc           8

Subpart 139.B—Certified aerodromes                                                                     9

Division 139.B.1—Aerodrome certificate                                                         9

139.040................. When an aerodrome certificate is required.......................... 9

139.045................. Application for aerodrome certificate.................................. 9

139.050................. Grant of aerodrome certificate............................................. 9

139.070................. Suspension or cancellation by CASA............................... 10

139.085................. Temporary aerodrome certificate....................................... 10

Division 139.B.2—Aerodrome manual                                                             12

139.090................. Preparation and location of aerodrome manual................. 12

139.095................. Information to be included in aerodrome manual.............. 12

139.100................. Form of aerodrome manual............................................... 23

139.105................. Amendments of aerodrome manual.................................. 23

139.110................. Notice of amendments...................................................... 24

139.115................. Aerodrome manual controller........................................... 24

Division 139.B.3—Operation and maintenance of a certified aerodrome           25

139.120................. Care and diligence in operation and maintenance.............. 25

139.125................. Reporting officer............................................................... 25

139.130................. Works safety officer for aerodrome works other than time‑limited works               25

139.135................. Works safety officer for time‑limited works..................... 26

139.140................. Training of aerodrome personnel...................................... 26

139.145................. Aerodrome manual procedures......................................... 26

139.150................. Notice of deviation............................................................ 27

139.155................. Notice of changes in physical condition etc of aerodrome 27

139.160................. Notice of changes in information published in AIP‑ERSA 28

139.165................. Physical characteristics of movement area........................ 28

139.170................. Aerodrome markings........................................................ 28

139.175................. Signal area........................................................................ 29

139.180................. Wind direction indicators—general................................... 29

139.185................. Wind direction indicators—requirement for certain runways 29

139.190................. Visual approach slope indicator system............................ 30

139.195................. Lighting of movement area............................................... 31

139.200................. Checking of lighting systems............................................ 31

139.205................. Aerodrome emergency committee..................................... 32

139.210................. Aerodrome emergency plan.............................................. 33

139.215................. Testing of aerodrome emergency plan.............................. 34

139.220................. Aerodrome serviceability inspections............................... 34

139.225................. When aerodrome serviceability inspections must be conducted               35

139.230................. Aerodrome technical inspections...................................... 36

139.235................. When aerodrome technical inspections must be conducted etc 36

139.240................. Who may conduct aerodrome technical inspections.......... 38

139.245................. Planning and execution of aerodrome works.................... 38

139.250................. Safety management system............................................... 38

Division 139.B.4—Aerodromes to which A‑SMGCS applies                40

139.251................. Definition for Division 139.B.4........................................ 40

139.252................. Designation of aerodromes to which A‑SMGCS applies. 40

139.254................. Vehicles at aerodromes to which A‑SMGCS applies....... 41

Subpart 139.C—Registered aerodromes                                                               43

139.255................. Definition for this Subpart................................................ 43

139.260................. Application for registration of aerodrome......................... 43

139.265................. Registration of aerodromes............................................... 46

139.270................. Notice of refusal to register aerodrome............................. 46

139.275................. Register............................................................................. 46

139.280................. Duration of registration..................................................... 47

139.285................. Cancellation of registration on request.............................. 47

139.290................. Suspension or cancellation of registration by CASA........ 47

139.295................. Applicable standards for registered aerodromes............... 48

139.300................. Reporting officer............................................................... 48

139.305................. Notice of changes in physical condition etc of aerodrome 49

139.310................. Notice of changes in information published in AIP‑ERSA 49

139.315................. Safety inspections............................................................. 49

139.320................. Approval of persons to conduct aerodrome safety inspections                51

139.325................. Duration of approval......................................................... 52

139.330................. Suspension or cancellation of approval by CASA............ 52

Subpart 139.D—Reporting officer and safety inspection requirements for certain other aerodromes                                                                                                                                      54

139.335................. Aerodromes to which this Subpart applies....................... 54

139.340................. Reporting officer............................................................... 54

139.345................. Safety inspections............................................................. 55

Subpart 139.E—Obstacles and hazards                                                                 58

139.350................. Monitoring of airspace...................................................... 58

139.355................. Establishment of obstacle limitation surfaces.................... 58

139.360................. Notice of obstacles............................................................ 58

139.365................. Structures 110 metres or more above ground level........... 59

139.370................. Hazardous objects etc....................................................... 59

Subpart 139.F—Aerodrome radio communication services                      61

Division 139.F.1—General                                                                                      61

139.375................. Aerodrome operators to collect statistics if directed.......... 61

Division 139.F.2—Frequency confirmation system                                    62

139.380................. Definitions for Division 139.F.2...................................... 62

139.385................. Aerodromes that must have a frequency confirmation system 62

Division 139.F.3—Air/ground radio service                                                  63

139.390................. Definitions for Division 139.F.3...................................... 63

139.395................. Air/ground radio service must be certified........................ 63

139.400................. Direction by CASA to provide CA/GRS......................... 64

139.405................. Voluntary provision of CA/GRS...................................... 64

139.410................. Certification of air/ground radio service............................ 64

139.415................. General obligations of aerodrome operator....................... 64

139.420................. When CA/GRS must be operating.................................... 65

139.425................. Information about operating hours to be given to NOTAM Office          65

139.430................. Certified air/ground radio operators.................................. 66

139.435................. Offences........................................................................... 66

Subpart 139.H—Aerodrome rescue and firefighting services                  68

Division 139.H.1—General                                                                                     68

139.700................. Applicability of this Subpart............................................. 68

139.705................. Definitions for this Subpart.............................................. 68

139.710................. Functions of ARFFS........................................................ 69

139.711................. Person not to provide service without approval................ 70

139.712................. Issue of Manual of Standards........................................... 70

139.715................. Effect of Manual of Standards.......................................... 71

Division 139.H.3—Requirements to be complied with by ARFFS provider        72

139.750................. Requirements in this Division........................................... 72

139.755................. Definition for Division—applicable standards and requirements          72

139.760................. Inconsistency between Manual and chapter 9 of Annex 14 73

139.765................. Knowledge, equipment and expertise to deal with aviation hazards         73

139.770................. General obligation to maintain service.............................. 74

139.771................. Response time of ARFFS................................................. 74

139.772................. Buildings and emergency facilities.................................... 74

139.773................. Officer in charge............................................................... 75

139.775................. Notice about times service is available etc......................... 75

139.780................. Agreements with other fire fighting bodies....................... 76

139.785................. Stock of fire extinguishing agents..................................... 76

139.795................. Extinguishing equipment and vehicles.............................. 76

139.800................. Other vehicles and equipment........................................... 77

139.805................. Vehicles and equipment for firefighting and rescue in difficult environments          78

139.810................. Commissioning of certain equipment................................ 78

139.815................. Protective clothing and equipment.................................... 78

139.820................. Communications............................................................... 79

139.825................. Test and maintenance equipment....................................... 79

139.830................. Commissioning of new vehicles and equipment............... 79

139.835................. Number of operating personnel........................................ 80

139.840................. Medical standard of firefighters........................................ 80

139.845................. Qualifications and training of firefighters......................... 80

139.850................. Operations manual............................................................ 81

139.855................. Amendment of operations manual.................................... 81

139.860................. Voice data recording......................................................... 82

139.865................. Record of accidents or incidents....................................... 82

139.870................. Contingency plan.............................................................. 82

139.875................. Records management........................................................ 82

139.880................. Organisation..................................................................... 83

139.885................. System for rectification of service failures........................ 83

139.890................. Quality control.................................................................. 83

139.895................. Change management......................................................... 83

139.900................. Safety management........................................................... 83

139.905................. Applicant’s organisation................................................... 84

139.910................. Telling users and CASA about changes........................... 84

Division 139.H.4—Conduct of ARFFS operations                                     85

139.915................. Powers of officer in charge or firefighter.......................... 85

Division 139.H.5—Administration                                                                      87

139.920................. Definition for Division..................................................... 87

139.925................. How to apply for approval as ARFFS provider............... 87

139.965................. When CASA must grant approval.................................... 88

139.970................. When decision must be made............................................ 89

139.995................. Application for variation of approval................................ 89

139.1005............... Suspension or continued suspension of approval by show cause notice  90

139.1010............... Grounds for cancellation of approval................................ 90

139.1015............... Notice to approved ARFFS provider to show cause........ 91

139.1020............... Cancellation of approval after show cause notice.............. 91

139.1022............... Cancellation if holder ceases to provide ARFFS.............. 91

Part 141—Flying training organisations                                                                93

Part 142—Flight crew training and checking organisations                     94

Part 143—Air Traffic Services Training Providers                                       95

Subpart 143.AGeneral                                                                                                 97

143.005................. Applicability of this Part................................................... 97

143.010................. Definitions for this Part.................................................... 97

143.015................. What is an ATS training provider..................................... 98

143.016................. Person not to provide service without approval................ 98

143.017................. Issue of Manual of Standards........................................... 98

Subpart 143.BApproval as an ATS training provider                          100

143.020................. What an application must be accompanied by................. 100

143.025................. When applicant is eligible for approval........................... 100

143.027................. CASA may impose conditions on approvals.................. 101

143.050................. Variation of approvals.................................................... 101

Subpart 143.CRequirements to be complied with by ATS training providers               102

Division 143.C.1Requirements for training                                             102

143.055................. Standard for training....................................................... 102

143.060................. Training plan................................................................... 102

Division 143.C.2Personnel                                                                                103

143.065................. Personnel........................................................................ 103

143.070................. Qualifications for certain personnel................................ 103

Division 143.C.3Reference materials, documents and records     104

143.075................. Reference materials......................................................... 104

143.080................. Material to be included in reference materials................. 104

143.085................. Documents and records.................................................. 104

143.090................. Document and record control system.............................. 105

Subpart 143.DTelling CASA about changes                                               106

143.095................. Advice on organisational changes................................... 106

143.100................. Discontinuing training.................................................... 106

143.105................. Status as a Registered Training Organisation.................. 106

Subpart 143.EMiscellaneous                                                                                  107

143.110................. Unapproved training....................................................... 107

Subpart 143.F—Administration                                                                               108

Division 143.F.1Preliminary                                                                            108

143.115................. Applicability of this Subpart........................................... 108

Division 143.F.2Approvals                                                                               109

143.118................. Applying for approval.................................................... 109

143.120................. Joint applications not permitted....................................... 109

143.130................. Applications by corporations etc—what must be included 109

143.145................. CASA may require demonstrations of procedures or equipment             109

143.175................. Grant of approval............................................................ 110

143.180................. When decision must be made.......................................... 110

Division 143.F.4Suspension and cancellation of approvals             111

143.215................. Definition for this Division............................................. 111

143.220................. Suspension of approval by show cause notice................ 111

143.225................. Grounds for cancellation of approval.............................. 111

143.230................. Notice to show cause...................................................... 112

143.235................. Cancellation of approval after show cause notice............ 112

143.245................. Cancellation if cooperation or arrangement ceases.......... 113

Part 144—Distribution organisations                                                                    114

Part 145—Continuing airworthiness—Part 145 approved maintenance organisations 115

Subpart 145.A—General                                                                                               116

145.005................. Purpose of Part............................................................... 116

145.010................. Definitions for Part......................................................... 116

145.015................. Part 145 Manual of Standards........................................ 118

145.020................. Regulations 11.070 to 11.075 do not apply in relation to certain matters 119

Subpart 145.B—Approval of Part 145 organisations                                  120

145.025................. Applying for approval.................................................... 120

145.030................. Issuing approval............................................................. 120

145.035................. Approval certificate......................................................... 122

145.040................. Privileges for Part 145 organisations.............................. 122

145.045................. Approval subject to conditions....................................... 123

Subpart 145.C—Changes to Part 145 organisations                                    124

145.050................. Application for approval of significant changes to organisations             124

145.055................. Approval of significant changes..................................... 124

145.060................. Changes to Part 145 organisations that are not significant changes          125

145.065................. CASA may direct Part 145 organisations to change exposition               125

Subpart 145.D—Requirements and offences for Part 145 organisations               127

145.070................. Provision of maintenance services.................................. 127

145.075................. Provision of permitted training....................................... 127

145.080................. Providing employees with exposition............................. 128

145.085................. Complying with directions.............................................. 128

Part 147—Continuing airworthiness—maintenance training organisations         129

Subpart 147.A—General                                                                                               130

147.005................. Purpose of Part............................................................... 130

147.010................. Definitions for Part......................................................... 130

147.015................. Part 147 Manual of Standards........................................ 133

147.020................. Regulations 11.070 to 11.075 do not apply in relation to certain matters 134

Subpart 147.B—Approval of maintenance training organisations     135

147.025................. Applying for approval.................................................... 135

147.030................. Issuing approval............................................................. 136

147.035................. Approval certificate......................................................... 137

147.040................. Privileges for maintenance training organisations........... 137

147.045................. Approval subject to conditions....................................... 138

Subpart 147.C—Changes to maintenance training organisations       139

147.050................. Application for approval of significant changes to organisations             139

147.055................. Decision on application for approval of significant changes 140

147.060................. Changes to maintenance training organisations that are not significant changes       140

147.065................. CASA may direct maintenance training organisations to change exposition            140

Subpart 147.D—Requirements and offences for maintenance training organisations   142

147.070................. Provision of maintenance training and assessment......... 142

147.075................. Assessment of foreign licences....................................... 142

147.080................. Providing employees with exposition............................. 142

147.085................. Complying with directions.............................................. 143

Part 149—Recreational aviation administration organisations             144

Part 171—Aeronautical telecommunication service and radionavigation service providers       145

Subpart 171.AGeneral                                                                                               147

171.005................. Applicability of this Part................................................. 147

171.010................. Interpretation................................................................... 147

171.012................. Meaning of telecommunication service........................... 150

171.015................. Person not to provide service without approval.............. 151

171.017................. Issue of Manual of Standards......................................... 151

Subpart 171.B—Approval of service providers                                              153

171.020................. Application..................................................................... 153

171.022................. Joint applications not permitted....................................... 154

171.025................. If applicant is a corporation............................................. 154

171.026................. CASA may ask for demonstration of service................. 154

171.027................. Grant of approval............................................................ 154

171.028................. When decision must be made.......................................... 155

171.029................. Conditions...................................................................... 156

Subpart 171.CObligations and privileges of service provider           157

171.030................. Service by provider......................................................... 157

171.035................. Changes by service provider to service........................... 157

171.040................. Changes by service provider to operations manual......... 158

171.050................. Technicians..................................................................... 158

171.055................. Test transmissions.......................................................... 158

171.065................. Interruption to service..................................................... 159

171.070................. Test equipment................................................................ 159

171.075................. Documents to be maintained........................................... 159

171.080................. Records........................................................................... 160

171.085................. Security program............................................................ 161

171.086................. Safety management system............................................. 161

Subpart 171.DContents of operations manual                                           162

171.090................. Operations manual to contain or refer to information...... 162

171.095................. Organisation and management of service provider......... 162

171.100................. Way in which standards are met..................................... 162

171.105................. Functional specification and performance values of services 163

171.110................. Technical description...................................................... 163

171.115................. Safe operation................................................................. 164

171.120................. Facility operation and maintenance plan.......................... 165

171.125................. Safety management system............................................. 165

171.140................. Test equipment................................................................ 166

171.145................. Interruption to service..................................................... 166

171.150................. Document control........................................................... 166

171.155................. Security program............................................................ 166

171.160................. Changes to procedures.................................................... 166

Subpart 171.E—Suspension and cancellation of approvals, and directions to vary manuals    167

171.220................. Suspension and cancellation of approvals....................... 167

171.225................. Notice to approval holder to show cause........................ 167

171.230................. Grounds for cancellation of approval.............................. 168

171.235................. Cancellation of approval after show cause notice............ 168

171.237................. Cancellation if cooperation or arrangement ceases.......... 169

171.245................. CASA’s power to direct variation of manual.................. 169

Part 172—Air Traffic Service Providers                                                             170

Subpart 172.AGeneral                                                                                               173

172.005................. Applicability of this Part................................................. 173

172.010................. Definitions for this Part.................................................. 173

172.015................. What is an ATS provider................................................ 174

172.020................. Providing air traffic service without approval................. 174

172.022................. Issue of Manual of Standards......................................... 174

Subpart 172.BApproval as an ATS provider                                              176

172.024................. Applicant for approval as ATS provider......................... 176

172.030................. When applicant is eligible for approval........................... 176

172.055................. Variation of approvals.................................................... 176

Subpart 172.CRequirements to be complied with by ATS providers  177

Division 172.C.1Operations manual                                                            177

172.060................. Operations manual.......................................................... 177

Division 172.C.2Air traffic service                                                              178

172.065................. Standards for air traffic service....................................... 178

172.070................. Aeronautical telecommunications procedures................. 178

172.075................. ICAO Doc. 4444 and ICAO Doc. 7030......................... 178

172.080................. Compliance with provider’s operations manual.............. 179

172.085................. Priority of standards....................................................... 179

172.090................. Priority of inconsistent procedures................................. 179

Division 172.C.3Standards for facilities and equipment                   181

172.095................. Facilities and equipment.................................................. 181

Division 172.C.4Organisation and personnel                                         182

172.100................. Definition for this Division............................................. 182

172.105................. Organisation................................................................... 182

172.110................. Personnel........................................................................ 182

172.115................. Supervisory personnel.................................................... 182

172.120................. Qualifications for certain personnel................................ 182

Division 172.C.5Arrangements to maintain service                           184

172.125................. Agreements with service providers................................. 184

172.130................. Agreements with aerodrome operators........................... 184

172.135................. Arrangements for transfer of information....................... 185

Division 172.C.6Management                                                                         186

172.140................. Training and checking program...................................... 186

172.145................. Safety management system............................................. 186

172.150................. Contingency plan............................................................ 186

172.155................. Security program............................................................ 187

Division 172.C.7Reference materials, documents, records and log books      188

172.160................. Reference materials......................................................... 188

172.165................. Documents and records.................................................. 188

172.170................. Document and record control system.............................. 189

172.175................. Logbooks........................................................................ 189

Division 172.C.8Notice of air traffic service                                          190

172.180................. Availability of air traffic service...................................... 190

Subpart 172.DTelling CASA about changes                                               191

172.185................. Advice on organisational changes................................... 191

172.190................. Discontinuing air traffic service...................................... 191

Subpart 172.EMiscellaneous                                                                                  192

172.195................. ATS provider must not provide unauthorised air traffic service               192

Subpart 172.F—Administration                                                                               193

Division 172.F.1Preliminary                                                                            193

172.200................. Applicability of this Subpart........................................... 193

Division 172.F.2Approvals                                                                               194

172.202................. Applying for approval.................................................... 194

172.205................. Joint applications not permitted....................................... 194

172.215................. Applications by corporations etc—what must be included 194

172.230................. CASA may require demonstrations of procedures or equipment             194

172.260................. When CASA must approve an applicant........................ 195

172.265................. When decision must be made.......................................... 195

172.270................. Conditions...................................................................... 196

Division 172.F.4Directions to amend provider’s operations manual 197

172.300................. CASA may direct amendments to provider’s operations manual             197

Division 172.F.5Suspension and cancellation of approvals             198

172.305................. Definition for this Division............................................. 198

172.310................. Suspension of approval by show cause notice................ 198

172.315................. Grounds for cancellation of approval.............................. 198

172.320................. Notice to show cause...................................................... 199

172.325................. Cancellation of approval after show cause notice............ 199

172.327................. Cancellation if cooperation or arrangement ceases.......... 200

Part 173—Instrument flight procedure design                                                201

Subpart 173.A—General                                                                                               205

173.005................. Applicability................................................................... 205

173.010................. Definitions for this Part.................................................. 205

173.015................. What is a certified designer............................................. 207

173.020................. What is a procedure design certificate............................ 207

173.025................. What is an authorised designer...................................... 207

173.030................. What is a procedure design authorisation...................... 207

173.035................. Design, review or amendment of terminal instrument flight procedures—requirement for procedure design certificate etc................................................................... 208

173.040................. Designing instrument flight procedures other than terminal instrument flight procedures        210

Subpart 173.B—Certified designers                                                                       211

Division 173.B.1—Certification as certified designer                             211

173.045................. Applications for procedure design certificates................ 211

173.050................. Criteria for grant of procedure design certificates........... 212

173.055................. Procedure design certificate............................................ 212

173.065................. How long procedure design certificates remain in force. 212

173.070................. Applications to vary procedure design certificates.......... 212

Division 173.B.2—Requirements to be complied with by certified designers     213

173.075................. Certified designer to maintain operations manual............ 213

173.080................. Compliance with operations manual............................... 213

173.085................. Standards for design of terminal instrument flight procedures etc            213

173.090................. Verification of terminal instrument flight procedures...... 214

173.095................. Validation of terminal instrument flight procedures........ 215

173.100................. Publication of terminal instrument flight procedures....... 215

173.105................. Radio navigation aids...................................................... 216

173.110................. Maintenance of terminal instrument flight procedures.... 216

173.115................. Certified designer to provide facilities etc....................... 217

173.120................. Certified designer to have appropriate organisation........ 218

173.125................. Certified designer to have sufficient personnel............... 218

173.130................. Supervisory personnel.................................................... 218

173.135................. Certified designer to appoint chief designer.................... 218

173.140................. Certified designer to provide training and checking program 219

173.145................. Certified designer to have safety management system.... 219

173.150................. Certified designer to maintain reference materials........... 219

173.155................. Certified designer to keep documents and records.......... 220

173.160................. Certified designer to have document and record control system               220

Division 173.B.3—Chief designer                                                                      221

173.165................. Approval for appointment of chief designer................... 221

173.170................. Approval for appointment to act as chief designer.......... 221

173.175................. Appointment likely to have adverse effect on air safety.. 221

173.180................. Chief designer’s functions and duties............................. 222

173.185................. Duration of approval....................................................... 222

173.190................. Withdrawal or suspension of approval of appointment... 223

Division 173.B.4—Miscellaneous                                                                       224

173.195................. Advice on organisational changes................................... 224

173.200................. Discontinuing design work on terminal instrument flight procedures of a particular type        224

173.205................. Notifying the AIS of a variation to a procedure design certificate            224

173.210................. Discontinuing maintenance of particular terminal instrument flight procedures       225

173.215................. Transfer of maintenance responsibility........................... 225

Subpart 173.C—Authorised designers                                                                 227

Division 173.C.1—Authorisation as authorised designer                     227

173.220................. Applications for procedure design authorisations........... 227

173.225................. Criteria for grant of procedure design authorisations...... 228

173.240................. How long procedure design authorisations remain in force 228

173.245................. Applications to vary procedure design authorisations..... 228

Division 173.C.2—Requirements to be complied with by authorised designers                229

173.250................. Operations manual.......................................................... 229

173.255................. Compliance with operations manual............................... 229

173.260................. Standards for design of terminal instrument flight procedures etc            229

173.265................. Off‑shore installations.................................................... 230

173.270................. Maintenance of terminal instrument flight procedures.... 230

173.275................. Authorised designer to have sufficient personnel........... 231

173.280................. Authorised designer to maintain reference materials....... 232

173.285................. Authorised designer to keep documents and records...... 232

173.290................. Authorised designer to have document and record control system           232

Division 173.C.3—Miscellaneous                                                                       234

173.295................. Discontinuing design work on terminal instrument flight of a particular type          234

173.300................. Discontinuing maintenance of terminal instrument flight procedures       234

173.305................. Transfer of maintenance responsibility........................... 234

Subpart 173.D—Performance of design work                                                236

173.310................. Certified designer not to exceed the limitations of the designer’s procedure design certificate 236

173.315................. Authorised designer not to exceed the limitations of authorisation           236

Subpart 173.E—Administration                                                                               237

Division 173.E.1—Grant of procedure design certificates and procedure design authorisations           237

173.330................. CASA may require demonstrations of equipment etc..... 237

173.335................. Grant of procedure design certificate or procedure design authorisation  237

173.345................. CASA may grant certificate or authorisation subject to conditions          237

173.350................. When decision must be made.......................................... 238

Division 173.E.3—Directions to amend certified designer’s or authorised designer’s operations manual                                                                                                                    239

173.375................. CASA may direct amendments to designer’s operations manual             239

Division 173.E.4—Suspension and cancellation of procedure design certificates and procedure design authorisations                                                                                     240

173.380................. Suspension or cancellation of procedure design certificate or procedure design authorisation by CASA........................................................................................ 240

Division 173.E.5—Authorised inspectors                                                      241

173.390................. CASA may appoint authorised inspectors...................... 241

173.395................. Identity card.................................................................... 241

173.400................. Powers of authorised inspector....................................... 241

Part 200—Aircraft to which CASR do not apply                                          243

Subpart 200.B—Exemption from Regulations                                                244

200.001................. Hang gliders................................................................... 244

200.002................. Privately built single‑place ultralight aeroplanes............. 244

200.003................. Gyroplanes having an empty weight not in excess of 250 kilograms       245

200.004................. Two‑place gyroplanes and single‑place gyroplanes certificated as light sport aircraft              245

200.005................. Parasails and gyrogliders................................................ 246

200.008................. Defence Force aircraft operated by civilian flight crew... 246

200.010................. Military aircraft undergoing production or acceptance flight testing         247

200.013................. Weight‑shift‑controlled aeroplanes and powered parachutes 247

200.014................. Certain ultralight aeroplanes............................................ 247

Subpart 200.C—Authorisation to fly                                                                     248

200.020................. Authorised flight without certificate of airworthiness..... 248

Part 201—Miscellaneous                                                                                                249

201.001................. Appointment of authorised persons................................ 249

201.003................. Commonwealth and CASA not liable in certain cases.... 249

201.004................. Review of decisions........................................................ 250

201.016................. Disclosure of personal information................................. 252

201.020................. Service of documents...................................................... 253

Part 202—Transitional                                                                                                   254

Subpart 202.AB—Transitional provisions for Part 1 (Preliminary)  262

Subpart 202.AD—Transitional provisions for Part 11 (Regulatory administrative procedures)             263

202.010................. Continuation of certain existing delegations.................... 263

202.011................. Continuation of exemptions under regulation 308 of CAR 263

202.011A.............. Continuation of exemptions under subregulation 82(3) of CAR              264

202.011B............... Continuation of exemptions under subregulation 235(11) of CAR          265

202.011C............... Continuation of exemptions under regulation 92.080..... 265

202.011D.............. Continuation of exemptions under regulation 92.155..... 265

202.011E............... Continuation of exemptions under regulation 101.040... 266

202.011F............... Continuation of exemptions under regulation 139.020... 266

202.011G.............. Renewal, variation and revocation of exemptions........... 267

202.012................. Consultation on certain Manuals of Standards................ 267

202.013................. Delegations to persons other than officers...................... 268

Subpart 202.AF—Transitional provisions for Part 13 (Enforcement) 269

Subpart 202.AJ—Transitional provisions for Part 21 (Certification and airworthiness requirements for aircraft and parts)                                                                                          270

Division 202.AJ.1—Transitional provisions relating to certification of aircraft and aircraft components                                                                                                                    270

202.049A.............. Certain design standards taken to be applicable airworthiness standards for regulation 21.017               270

202.050................. Certificates of type approval........................................... 270

202.051................. Certificates of airworthiness........................................... 271

202.052................. Export certificate of airworthiness.................................. 271

Division 202.AJ.2—Transitional provisions relating to approvals of designs of modifications and repairs                                                                                                                    272

202.053................. Approvals of systems of certification under regulation 34 of CAR         272

202.054................. Approvals of designs of modifications and repairs under regulation 35 of CAR     272

202.055................. Approvals of aircraft components for use as replacements under regulation 36 of CAR         273

202.056................. Use of aircraft material for particular purposes under regulation 36A of CAR        274

202.057................. Approval of damage as permissible unserviceability under regulation 37 of CAR  275

202.058................. Approval of changes to flight manuals under regulations 55 and 55A of CAR       275

Division 202.AJ.3—Transitional provisions relating to authorised persons      277

202.059................. Authorised persons for regulations 35, 36 and 36A of CAR.. 277

Subpart 202.AK—Transitional provisions for Part 22 (Airworthiness standards for sailplanes and powered sailplanes)                                                                                        278

202.060................. Approvals under airworthiness instruments in force before 1 July 2009 278

Subpart 202.AL—Transitional provisions for Part 23 (Airworthiness standards for aeroplanes in the normal, utility, acrobatic or commuter category)                       279

202.070................. Approvals under airworthiness instruments in force before 1 July 2009 279

Subpart 202.AN—Transitional provisions for Part 25 (Airworthiness standards for aeroplanes in the transport category)                                                                                        280

202.090................. Approvals under airworthiness instruments in force before 1 July 2009 280

Subpart 202.AO—Transitional provisions for Part 26 (Airworthiness standards for aircraft in the primary category or intermediate category)                                  281

Subpart 202.AP—Transitional provisions for Part 27 (Airworthiness standards for rotorcraft in the normal category)                                                                                             282

Subpart 202.AR—Transitional provisions for Part 29 (Airworthiness standards for rotorcraft in the transport category)                                                                                        283

Subpart 202.AT—Transitional provisions for Part 31 (Airworthiness standards for manned free balloons)                                                                                                                284

Subpart 202.AU—Transitional provisions for Part 32 (Airworthiness standards for engines for very light aeroplanes)                                                                                               285

202.140................. Approvals under airworthiness instruments in force before 1 July 2009 285

Subpart 202.AV—Transitional provisions for Part 33 (Airworthiness standards for aircraft engines)                                                                                                                                    286

Subpart 202.AX—Transitional provisions for Part 35 (Airworthiness standards for aircraft propellers)                                                                                                                                    287

Subpart 202.AZ—Transitional provisions for Part 39 (Airworthiness directives)            288

202.170................. Airworthiness directives................................................. 288

202.171................. Application for exemption from, or variation of, requirement of airworthiness directive         288

202.172................. Exemption from requirement of airworthiness directive. 288

Subpart 202.BA—Transitional provisions for Part 42 (Continuing airworthiness requirements for aircraft and aeronautical products)                                                    289

202.180................. Application of Part 42 from 27 June 2011 until the end of 26 June 2013                289

202.181................. Application of Part 42 on and after 27 June 2013........... 289

202.182................. Certificates of release to service taken to include maintenance releases (paragraph 42.030 (2)(b))          290

202.183................. Application of subparagraph 42.030 (2)(c)(ii) (airworthiness review certificates) to existing and new aircraft........................................................................................ 290

202.184................. References to persons permitted to carry out maintenance (regulations 42.080 and 42.430)    291

202.185................. Approved maintenance programs taken to include approved systems of maintenance             292

202.186................. Approved reliability programs taken to include reliability programs included in approved systems of maintenance.................................................................... 292

202.187................. References to deferral of rectification of defects and recording of defects                292

202.188................. References to authorised release certificates (subparagraphs 42.420(5)(a)(i) and (b)(i))          293

202.189................. In‑house release documents taken to include equivalent documents (subparagraph 42.420(5)(b)(ii))      293

202.190................. References to fabrication of parts (regulation 42.435).... 294

202.191................. Maintenance certification taken to include certification of completion of maintenance (paragraph 42.745(c))........................................................................................ 294

202.192................. Maintenance certification and certificates of release to service taken to include maintenance releases (paragraph 42.900(2)(i))................................................. 295

202.193................. Reference to maintenance carried out in accordance with Part 42 (subparagraph 42.795(c)(i))                295

202.194................. CASA may direct making of applications under regulation 42.585         295

Subpart 202.BD—Transitional provisions for Part 45 (Display of nationality and registration marks)                                                                                                                                    297

202.200................. Australian aircraft marked in accordance with CAR....... 297

Subpart 202.BF—Transitional provisions for Part 47 (Registration of aircraft and related matters)  298

202.220................. Definitions for Subpart 202.BF...................................... 298

202.221................. Continuation of Aircraft Register.................................... 298

202.222................. Reference to holder of a certificate of registration.......... 298

202.223................. Registration under CAR to continue............................... 299

202.224................. Pending applications or notices....................................... 299

202.225................. Application to register aircraft under Part 47.................. 300

Subpart 202.CA—Transitional provisions for Part 60 (Synthetic training devices)         302

202.240................. Definitions for this Subpart............................................ 302

202.241................. Transitional accreditation—flight simulators................... 302

Subpart 202.CB—Transitional provisions for Part 61 (Pilot licensing) 304

Subpart 202.CD—Transitional provisions for Part 63 (Flight crew licensing other than pilots)              305

Subpart 202.CE—Transitional provisions for Part 64 (Ground authorisations)               306

Subpart 202.CF—Transitional provisions for Part 65 (Air traffic services licensing)    307

202.320................. Manual of Standards for Part 65..................................... 307

202.321................. Persons holding certain licences..................................... 307

Subpart 202.CG—Transitional provisions for Part 66 (Continuing airworthiness—aircraft engineer licences and ratings)                                                                                      309

202.340................. Definitions for Subpart................................................... 309

202.341................. Aircraft maintenance engineer licences and CAO 100.66 maintenance authorities held on 26 June 2011........................................................................................ 309

202.342................. Aircraft maintenance engineer licences that were suspended on 26 June 2011        310

202.343................. Applications for aircraft maintenance engineer licences made but not finally determined before 27 June 2011........................................................................................ 310

202.344................. Applications for aircraft maintenance engineer licences made on or after 27 June 2011          311

202.345................. Applications for CAO 100.66 maintenance authorities made but not finally determined before 27 June 2011........................................................................................ 313

202.345A.............. Removal of exclusion from licence granted on basis of transitional provisions       314

202.345B............... Removal of exclusion from rating on licence granted on basis of transitional provisions        315

202.345C............... Application for rating on licence granted on basis of transitional provisions           315

202.346................. Having regard to other airworthiness authorities in granting aircraft engineer licences and ratings          316

202.347................. Medically significant conditions..................................... 316

202.348................. Aircraft licences granted subject to exclusions before commencement of regulation 66.026    317

Subpart 202.CH—Transitional provisions for Part 67 (Medical)        318

202.360................. Medical certificates issued under Civil Aviation Regulations 1988           318

202.361................. Designated aviation medical examiners appointed under Civil Aviation Regulations 1988       318

202.362................. Actions by Director of Aviation Medicine...................... 318

202.363................. Applications for issue of medical certificates pending on 3 September 2003           319

Subpart 202.DA—Transitional provisions for Part 71 (Airspace)      320

Subpart 202.EA—Transitional provisions for Part 90 (Additional airworthiness requirements)           321

Subpart 202.EB—Transitional provisions for Part 91 (General operating and flight rules)      322

Subpart 202.EC—Transitional provisions for Part 92 (Consignment and carriage of dangerous goods by air)                                                                                                                            323

202.440................. Approval of certain training courses and instructors....... 323

Subpart 202.FA—Transitional provisions for Part 101 (Unmanned aircraft and rockets)         325

202.460................. Authorisations, permissions and approvals in force immediately before 1 July 2002              325

Subpart 202.FC—Transitional provisions for Part 103 (Sport and recreational aviation operations) 326

Subpart 202.FE—Transitional provisions for Part 105 (Sport and recreational parachuting from aircraft)                                                                                                                 327

Subpart 202.FJ—Transitional provisions for Part 115 (Operations using sport aviation aircraft for non‑recreational activities)                                                                        328

Subpart 202.FL—Transitional provisions for Part 119 (Air operator certification—air transport)     329

Subpart 202.FN—Transitional provisions for Part 121A (Air transport operations—large aeroplanes)                                                                                                                                    330

Subpart 202.FO—Transitional provisions for Part 121B (Air transport operations—small aeroplanes)                                                                                                                                    331

Subpart 202.FR—Transitional provisions for Part 129 (Air operator certification—foreign operators)                                                                                                                                    332

Subpart 202.FT—Transitional provisions for Part 133 (Air transport and aerial work operations—rotorcraft)                                                                                                            333

Subpart 202.FV—Transitional provisions for Part 136 (Aerial work operations—other than those covered by Parts 133, 137, 138, 141 and 142)                                334

Subpart 202.FW—Transitional provisions for Part 137 (Aerial agriculture operations—other than rotorcraft)                                                                                                            335

Subpart 202.FX—Transitional provisions for Part 138 (Search and rescue operations)              336

Subpart 202.FY—Transitional provisions for Part 139 (Aerodromes) 337

202.700................. Definitions for this Subpart............................................ 337

202.701................. Aerodrome licences issued under CAR.......................... 337

202.702................. Conditions of transitional aerodrome licences................. 337

202.703................. Duration of transitional aerodrome licences.................... 337

202.704................. Previous aerodrome manuals and standards for aerodromes 338

202.705................. Exemptions..................................................................... 339

Subpart 202.FYH—Transitional provisions for Subpart 139.H (Aerodrome rescue and fire fighting services)                                                                                                                 340

202.710................. Manual of Standards for Subpart 139.H......................... 340

Subpart 202.GA—Transitional provisions for Part 141 (Flight training organisations)               341

Subpart 202.GB—Transitional provisions for Part 142 (Training and checking organisations)             342

Subpart 202.GC—Transitional provisions for Part 143 (Air traffic services training providers)           343

202.760................. Manual of Standards for Part 143................................... 343

Subpart 202.GD—Transitional provisions for Part 144 (Product distribution organisations)  344

Subpart 202.GE—Transitional provisions for Part 145 (Continuing airworthiness—Part 145 approved maintenance organisations)                                                                      345

202.800................. CASA may direct making of applications under regulation 145.025       345

Subpart 202.GG—Transitional provisions for Part 147 (Continuing airworthiness—maintenance training organisations)                                                                                 346

202.840................. Recognised organisations taken to be maintenance training organisations               346

202.841................. Applications for approval as a recognised organisation made but not finally determined before 27 June 2011........................................................................................ 346

202.842................. CASA may direct the making of applications under regulation 147.025  346

Subpart 202.GI—Transitional provisions for Part 149 (Recreational aviation administration organisations)                                                                                                    348

Subpart 202.HA—Transitional provisions for Part 171 (Aeronautical telecommunication service and radionavigation service providers)                                                       349

202.880................. Manual of Standards for Part 171................................... 349

Subpart 202.HB—Transitional provisions for Part 172 (Air traffic service providers) 350

202.900................. Manual of Standards for Part 172................................... 350

Subpart 202.HC—Transitional provisions for Part 173 (Instrument flight procedure design) 351

Subpart 202.HD—Transitional provisions for Part 174 (Aviation meteorological services)        352

Subpart 202.HL—Transitional provisions for Part 200 (Exemptions) 353

Subpart 202.HM—Transitional provisions for Part 201 (Miscellaneous)               354

Dictionary                                                                                                                         355

Part 1—Definitions                                                                                                            355

Part 2—Interpretation of certain expressions not defined in Part 1  375

1............................ Parts and materials excluded from the definition of aeronautical product               375

5............................ When an aircraft is airworthy......................................... 375

15.......................... Reference to Annexes to Chicago Convention................ 375

18.......................... Meaning of authorised release certificate....................... 375

25.......................... Extended meaning of charged with in relation to certain offences            376

30.......................... Classes of aircraft........................................................... 377

35.......................... Extended meaning of convicted....................................... 377

37.......................... References to flight manual............................................ 378

40.......................... References to operating an aircraft in an area.................. 379

45.......................... References to EASA certification specifications............. 379

50.......................... References to pilot‑in‑command..................................... 379

55.......................... References to populous areas etc.................................... 379

60.......................... Meaning of psychoactive substance................................ 379

65.......................... Recognised foreign training providers............................ 380

Part 3—Definitions for this Part, Parts 42, 66, 145 and 147 and Subparts 202.BA, 202.CG, 202.GE and 202.GG                                                                                                                  381

1............................ General........................................................................... 381

5............................ Definitions relating to carrying out maintenance............. 386

10.......................... Meaning of instructions for continuing airworthiness... 388

15.......................... Meaning of maintenance data........................................ 389

20.......................... Meaning of maintenance services subcontractor........... 389

25.......................... Meaning of provides....................................................... 390

30.......................... Meaning of supervising.................................................. 390

Endnotes                                                                                                                                  391

Endnote 1—Legislation history                                                                           391

Endnote 2—Amendment history                                                                         396

Endnote 3—Uncommenced amendments                                                       528

Endnote 4—Misdescribed amendments                                                          974

 


Part 139Aerodromes

  

Table of Contents

Subpart 139.A—General

139.005     Applicability of this Part

139.010     Definitions for this Part

139.015     Standards for aerodromes

139.025     Access to aerodromes

139.030     Restrictions on use of terminal instrument flight procedures

139.035     No effect on operation of Airports (Building Control) Regulations 1996 etc

Subpart 139.BCertified aerodromes

Division 139.B.1Aerodrome certificate

139.040     When an aerodrome certificate is required

139.045     Application for aerodrome certificate

139.050     Grant of aerodrome certificate

139.070     Suspension or cancellation by CASA

139.085     Temporary aerodrome certificate

Division 139.B.2Aerodrome manual

139.090     Preparation and location of aerodrome manual

139.095     Information to be included in aerodrome manual

139.100     Form of aerodrome manual

139.105     Amendments of aerodrome manual

139.110     Notice of amendments

139.115     Aerodrome manual controller

Division 139.B.3Operation and maintenance of a certified aerodrome

139.120     Care and diligence in operation and maintenance

139.125     Reporting officer

139.130     Works safety officer for aerodrome works other than time‑limited works

139.135     Works safety officer for time‑limited works

139.140     Training of aerodrome personnel

139.145     Aerodrome manual procedures

139.150     Notice of deviation

139.155     Notice of changes in physical condition etc of aerodrome

139.160     Notice of changes in information published in AIP‑ERSA

139.165     Physical characteristics of movement area

139.170     Aerodrome markings

139.175     Signal area

139.180     Wind direction indicators—general

139.185     Wind direction indicators—requirement for certain runways

139.190     Visual approach slope indicator system

139.195     Lighting of movement area

139.200     Checking of lighting systems

139.205     Aerodrome emergency committee

139.210     Aerodrome emergency plan

139.215     Testing of aerodrome emergency plan

139.220     Aerodrome serviceability inspections

139.225     When aerodrome serviceability inspections must be conducted

139.230     Aerodrome technical inspections

139.235     When aerodrome technical inspections must be conducted etc

139.240     Who may conduct aerodrome technical inspections

139.245     Planning and execution of aerodrome works

139.250     Safety management system

Division 139.B.4—Aerodromes to which A‑SMGCS applies

139.251     Definition for Division 139.B.4

139.252     Designation of aerodromes to which A‑SMGCS applies

139‑254    Vehicles at aerodromes to which A‑SMGCS applies

Subpart 139.CRegistered aerodromes

139.255     Definition for this Subpart

139.260     Application for registration of aerodrome

139.265     Registration of aerodromes

139.270     Notice of refusal to register aerodrome

139.275     Register

139.280     Duration of registration

139.285     Cancellation of registration on request

139.290     Suspension or cancellation of registration by CASA

139.295     Applicable standards for registered aerodromes

139.300     Reporting officer

139.305     Notice of changes in physical condition etc of aerodrome

139.310     Notice of changes in information published in AIP‑ERSA

139.315     Safety inspections

139.320     Approval of persons to conduct aerodrome safety inspections

139.325     Duration of approval

139.330     Suspension or cancellation of approval by CASA

Subpart 139.DReporting officer and safety inspection requirements for certain other aerodromes

139.335     Aerodromes to which this Subpart applies

139.340     Reporting officer

139.345     Safety inspections

Subpart 139.EObstacles and hazards

139.350     Monitoring of airspace

139.355     Establishment of obstacle limitation surfaces

139.360     Notice of obstacles

139.365     Structures 110 metres or more above ground level

139.370     Hazardous objects etc

Subpart 139.FAerodrome radio communication services

Division 139.F.1General

139.375     Aerodrome operators to collect statistics if directed

Division 139.F.2Frequency confirmation system

139.380     Definitions for Division 139.F.2

139.385     Aerodromes that must have a frequency confirmation system

Division 139.F.3Air/ground radio service

139.390     Definitions for Division 139.F.3

139.395     Air/ground radio service must be certified

139.400     Direction by CASA to provide CA/GRS

139.405     Voluntary provision of CA/GRS

139.410     Certification of air/ground radio service

139.415     General obligations of aerodrome operator

139.420     When CA/GRS must be operating

139.425     Information about operating hours to be given to NOTAM Office

139.430     Certified air/ground radio operators

139.435     Offences

Subpart 139.HAerodrome rescue and firefighting services

Division 139.H.1General

139.700     Applicability of this Subpart

139.705     Definitions for this Subpart

139.710     Functions of ARFFS

139.711     Person not to provide service without approval

139.712     Issue of Manual of Standards

139.715     Effect of Manual of Standards

Division 139.H.3Requirements to be complied with by ARFFS provider

139.750     Requirements in this Division

139.755     Definition for Division—applicable standards and requirements

139.760     Inconsistency between Manual and chapter 9 of Annex 14

139.765     Knowledge, equipment and expertise to deal with aviation hazards

139.770     General obligation to maintain service

139.771     Response time of ARFFS

139.772     Buildings and emergency facilities

139.773     Officer in charge

139.775     Notice about times service is available etc

139.780     Agreements with other fire fighting bodies

139.785     Stock of fire extinguishing agents

139.795     Extinguishing equipment and vehicles

139.800     Other vehicles and equipment

139.805     Vehicles and equipment for firefighting and rescue in difficult environments

139.810     Commissioning of certain equipment

139.815     Protective clothing and equipment

139.820     Communications

139.825     Test and maintenance equipment

139.830     Commissioning of new vehicles and equipment

139.835     Number of operating personnel

139.840     Medical standard of firefighters

139.845     Qualifications and training of firefighters

139.850     Operations manual

139.855     Amendment of operations manual

139.860     Voice data recording

139.865     Record of accidents or incidents

139.870     Contingency plan

139.875     Records management

139.880     Organisation

139.885     System for rectification of service failures

139.890     Quality control

139.895     Change management

139.900     Safety management

139.905     Applicant’s organisation

139.910     Telling users and CASA about changes

Division 139.H.4Conduct of ARFFS operations

139.915     Powers of officer in charge or firefighter

Division 139.H.5Administration

139.920     Definition for Division

139.925     How to apply for approval as ARFFS provider

139.970     When decision must be made

139.995     Application for variation of approval

139.1005   Suspension or continued suspension of approval by show cause notice

139.1010   Grounds for cancellation of approval

139.1015   Notice to approved ARFFS provider to show cause

139.1020   Cancellation of approval after show cause notice

139.1022   Cancellation if holder ceases to provide ARFFS

139.1025   Cancellation at request of approved ARFFS provider

 


Subpart 139.AGeneral

139.005  Applicability of this Part

                   This Part deals with the operation of aerodromes and includes rules about the following matters:

                     (a)  certification of aerodromes and the requirements that apply to operators of certified aerodromes;

                     (b)  registration of aerodromes and the requirements that apply to operators of registered aerodromes;

                     (c)  reporting officer and safety inspection requirements that apply to operators of certain other aerodromes used for regular public transport operations or charter operations;

                     (d)  obstacles and hazards at aerodromes;

                     (e)  obligations of aerodrome operators in relation to radio communication services and rescue and fire fighting services.

139.010  Definitions for this Part

                   In this Part (other than Subpart 139.H):

Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 139 Aerodromes’ published by CASA, as in force from time to time.

MBZ means mandatory broadcast zone.

time‑limited works has the same meaning as in the Manual of Standards.

139.015  Standards for aerodromes

                   The standards for aerodromes are those set out in the Manual of Standards.

139.025  Access to aerodromes

             (1)  The operator of a certified aerodrome or a registered aerodrome must allow CASA to conduct tests of aerodrome facilities, equipment or operating procedures at the aerodrome for the purpose of ensuring the safety of aircraft.

             (2)  The operator must allow CASA access to any part of the aerodrome or any aerodrome facilities, equipment or records for the purposes of subregulation (1).

             (3)  CASA:

                     (a)  must give reasonable notice of any tests to be conducted to the operator; and

                     (b)  must carry out the tests at a reasonable time.

             (4)  Subregulations (1) and (2) do not limit the operation of regulation 305 of CAR.

139.030  Restrictions on use of terminal instrument flight procedures

             (1)  The operator of an aerodrome commits an offence if:

                     (a)  the aerodrome is not a certified aerodrome or registered aerodrome; and

                     (b)  there is a terminal instrument flight procedure for the aerodrome; and

                     (c)  the terminal instrument flight procedure is not only for use in a specialised helicopter operation.

Penalty:  10 penalty units.

             (2)  The operator of an aerodrome commits an offence if:

                     (a)  there is a terminal instrument flight procedure for the aerodrome; and

                     (b)  the terminal instrument flight procedure is not only for use in a specialised helicopter operation; and

                     (c)  the aerodrome:

                              (i)  ceases to be a certified aerodrome and does not become a registered aerodrome; or

                             (ii)  ceases to be a registered aerodrome and does not become a certified aerodrome; and

                     (d)  the operator does not, in writing and as soon as possible after the cessation, tell each of the following of the cessation:

                              (i)  the AIS;

                             (ii)  the certified designer of the procedure.

Penalty:  10 penalty units.

             (3)  An offence against subregulation (1) or (2) is an offence of strict liability.

             (4)  In this regulation:

certified designer has the meaning given by regulation 173.015.

139.035  No effect on operation of Airports (Building Control) Regulations 1996 etc

                   Nothing in this Part affects the operation of the Airports (Building Control) Regulations 1996, the Airports (Protection of Airspace) Regulations 1996 or the Airports (Control of On‑Airport Activities) Regulations 1997.

Subpart 139.BCertified aerodromes

Division 139.B.1Aerodrome certificate

139.040  When an aerodrome certificate is required

             (1)  A person must not operate an aerodrome to which subregulation (3) applies if the aerodrome is not a certified aerodrome.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

             (3)  This subregulation applies to an aerodrome that:

                     (a)  has a runway that is suitable for use by aircraft having:

                              (i)  a maximum passenger seating capacity of more than 30 seats; or

                             (ii)  a maximum carrying capacity of more than 3 400 kilograms; and

                     (b)  is available for use in regular public transport operations or charter operations by such aircraft.

Note:          See also regulation 139.030 for restrictions on the use of terminal instrument flight procedures.

139.045  Application for aerodrome certificate

                   A person (the applicant) may apply to CASA for an aerodrome certificate authorising the person to operate an aerodrome at the place specified in the application.

139.050  Grant of aerodrome certificate

                   Subject to regulation 11.055, CASA must grant an aerodrome certificate to an applicant if CASA is satisfied that:

                     (a)  the aerodrome’s facilities and equipment are in accordance with the standards specified in the Manual of Standards for a certified aerodrome; and

                     (b)  the aerodrome’s operating procedures make satisfactory provision for the safety of aircraft; and

                     (c)  an aerodrome manual, in accordance with regulation 139.095, has been prepared for the aerodrome; and

                     (d)  the applicant would, if the certificate is granted, be able properly to operate and maintain the aerodrome.

139.070  Suspension or cancellation by CASA

             (1)  CASA may, by written notice given to the holder of an aerodrome certificate, suspend or cancel the certificate if there are reasonable grounds for believing that:

                     (a)  a condition to which the certificate is subject has been breached; or

                     (b)  the aerodrome facilities, operations or maintenance are not of the standard necessary in the interests of the safety of air navigation; or

                     (c)  the holder has failed to comply with regulation 139.025.

             (2)  Before suspending or cancelling an aerodrome certificate, CASA must:

                     (a)  give to the holder a show cause notice that:

                              (i)  sets out the facts and circumstances that, in the opinion of CASA, would justify the suspension or cancellation; and

                             (ii)  invites the holder to show cause, in writing, within 30 days after the date of the notice, why the certificate should not be suspended or cancelled; and

                     (b)  take into account any written submissions that the
holder makes to CASA within the time allowed under subparagraph (a)(ii).

139.085  Temporary aerodrome certificate

             (1)  Subject to regulation 11.055, CASA must grant a temporary aerodrome certificate to an applicant under regulation 139.045 if:

                     (a)  the applicant’s application is for a certificate to operate an aerodrome for which an existing aerodrome certificate is in force; and

                     (b)  the holder of the existing aerodrome certificate has given CASA a request under regulation 11.130 for the certificate to be cancelled; and

                     (c)  the cancellation of the existing aerodrome certificate
will have effect before CASA can fully consider the applicant’s application; and

                     (d)  CASA is satisfied that the applicant will be able to properly operate and maintain the aerodrome for the duration of the temporary certificate.

             (2)  A temporary aerodrome certificate must not be granted for a period of longer than 60 days.

Division 139.B.2Aerodrome manual

139.090  Preparation and location of aerodrome manual

             (1)  The operator of a certified aerodrome must have an aerodrome manual, in accordance with regulation 139.095, for the aerodrome.

Penalty:  10 penalty units.

             (2)  The operator must give CASA a copy of the manual and must keep another copy at the operator’s principal place of business or at the aerodrome.

Penalty:  10 penalty units.

             (3)  The operator must make the copy of the manual kept at the operator’s principal place of business or at the aerodrome available to authorised persons during normal business hours.

Penalty:  10 penalty units.

             (4)  Strict liability applies to the physical element of an offence against subregulation (1) that the operator is required to have an aerodrome manual for the aerodrome.

             (5)  An offence against subregulation (2) or (3) is an offence of strict liability.

139.095  Information to be included in aerodrome manual

                   For subregulation 139.090 (1), the aerodrome manual must include:

                     (a)  the following information, to the extent that the information is applicable to the aerodrome:

                              (i)  the particulars of the aerodrome site mentioned in Appendix 1 to this subparagraph;

                             (ii)  the particulars of the aerodrome administration and operating procedures mentioned in Appendix 1 to this subparagraph;

                            (iii)  the particulars of the aerodrome to be notified in AIP‑ERSA, mentioned in Appendix 1 to this subparagraph;

                            (iv)  particulars of any condition to which the operator’s aerodrome certificate is subject;

                             (v)  particulars of any direction given to the operator by CASA under regulation 139.105; and

                     (b)  if particular information referred to in paragraph (a) is not included in the manual because it is not applicable to the aerodrome:

                              (i)  a statement to the effect that the information is not applicable; and

                             (ii)  the reasons why it is not applicable; and

                     (c)  if CASA grants the operator an exemption under regulation 11.160 in relation to the aerodrome:

                              (i)  any identifying number given to the exemption by CASA; and

                             (ii)  the date on which the exemption came into effect; and

                            (iii)  any condition subject to which the exemption is granted.

Appendix 1 to subparagraph 139.095 (a)(i) (Particulars of the aerodrome site)

Aerodrome site

                   For subparagraph 139.095 (a)(i), the particulars are as follows:

                     (a)  a plan of the aerodrome showing the main aerodrome facilities, including the wind direction indicators, for the operation of the aerodrome;

                     (b)  a plan of the aerodrome showing the aerodrome boundaries;

                     (c)  a plan showing the distance of the aerodrome from the nearest city, town or other populous area, and the location of any aerodrome facilities and equipment outside the boundaries of the aerodrome;

                     (d)  either:

                              (i)  particulars of title of the aerodrome site; or

                             (ii)  if the boundaries of the aerodrome are not defined
in the documents of title—the particulars of the title to, or interests in, the property on which the aerodrome is located and a plan showing the boundaries and position of the aerodrome.

Appendix 1 to subparagraph 139.095 (a)(ii) (Particulars of the aerodrome administration and operating procedures)

                   For subparagraph 139.095 (a)(ii), the particulars are as follows:

Aerodrome administration

                     (a)  particulars of the aerodrome administration including the following:

                              (i)  the organisational structure;

                             (ii)  the management positions responsible for the operation and maintenance of the aerodrome;

                            (iii)  contact details of the person who is the aerodrome manual controller;

                            (iv)  contact details for the main persons responsible for aerodrome operations and safety functions;

Aerodrome emergency plan

                     (b)  particulars of the aerodrome emergency plan, including details of the following:

                              (i)  the composition of the aerodrome emergency committee and contact details for the emergency service organisations represented on the committee;

                             (ii)  a description of the role of each emergency service organisation involved in the plan;

                            (iii)  the activation, control and coordination of
the emergency service organisations during an emergency;

                            (iv)  the aerodrome’s emergency facilities and arrangements for keeping them in readiness;

                             (v)  the operational response to an emergency, including arrangements for aerodrome access and assembly areas;

                            (vi)  the response to a local stand‑by call out;

                           (vii)  the response to a full emergency call out;

                          (viii)  the arrangements to return the aerodrome to operational status after an emergency;

                            (ix)  the arrangements for periodic review and testing of the aerodrome emergency plan;

Aerodrome lighting

                     (c)  particulars of the procedures for the inspection and maintenance of the aerodrome lighting (including obstacle lighting) and the supply of stand‑by power (if any), including details of the following:

                              (i)  the arrangements for carrying out inspections and the checklist for inspections;

                             (ii)  the arrangements for recording the results of inspections and for taking follow‑up action to correct deficiencies;

                            (iii)  the arrangements for switching lights on and off, including back‑up arrangements for pilot‑activated lighting;

                            (iv)  the arrangements for carrying out routine maintenance and emergency maintenance;

                             (v)  the arrangements for stand‑by power, if any, and, if applicable, particulars of any other method of dealing with partial or total system failure;

                            (vi)  the names and roles of the persons who are responsible for the inspection and maintenance of the lighting and the telephone numbers for contacting them during and after working hours;

Aerodrome reporting

                     (d)  particulars of the procedures for reporting any changes to the aerodrome information set out in AIP and procedures for requesting the issue of NOTAMS, including details of the following:

                              (i)  the arrangements for reporting any changes that may affect aircraft operations to AIS and local air traffic services and recording the reporting of changes during and outside the normal hours of aerodrome operation;

                             (ii)  the contact details for the persons and organisations to which changes are to be reported;

                            (iii)  the name of the reporting officer responsible
for reporting the changes and the telephone numbers for contacting him or her during and after working hours;

                            (iv)  the arrangements for reporting changes of aerodrome information published in AIP to AIS and CASA;

                             (v)  the arrangements for keeping records of reports made;

Unauthorised entry to aerodrome

                     (e)  particulars of the procedures for preventing the unauthorised entry of persons, vehicles, equipment, plant or animals, or other things that may endanger aircraft safety, into the movement area, including details of the following:

                              (i)  the arrangements for controlling airside access;

                             (ii)  the names and roles of the persons who are responsible for controlling access to the movement area and the telephone numbers for contacting them during and after working hours;

Aerodrome serviceability inspections

                      (f)  particulars of the procedures for carrying out aerodrome serviceability inspections, including details of the following:

                              (i)  the arrangements for carrying out the inspections during and after working hours;

                             (ii)  details of the intervals at which the inspections are carried out and the times of the inspections;

                            (iii)  the arrangements for keeping an inspection logbook and the place where the logbook is kept;

                            (iv)  details of the inspection checklist;

                             (v)  the arrangements for communicating with air traffic control during the inspections;

                            (vi)  the arrangements for reporting the results of the inspections and for taking prompt follow‑up action to ensure correction of unsafe conditions;

                           (vii)  the names and roles of the persons who are responsible for carrying out the inspections and the telephone numbers for contacting them during and after working hours;

Aerodrome technical inspections

                     (g)  particulars of the procedures for carrying out aerodrome technical inspections, including details of the following:

                              (i)  the items that need to be technically inspected and when the inspections are to be carried out;

                             (ii)  the arrangements for technically qualified people to carry out the technical inspections;

                            (iii)  the arrangements for recording the results of the inspections and for taking prompt follow‑up action to ensure correction of defects;

Aerodrome works safety

                     (h)  particulars of the procedures for planning and safely carrying out aerodrome works (including works that may have to be carried out at short notice), including details of the following:

                              (i)  the preparation of a method‑of‑working plan identifying areas of the aerodrome affected during each stage of the work and steps taken to ensure safety standards are met;

                             (ii)  the distribution list for the method‑of‑working plan;

                            (iii)  the arrangements for telling aircraft operators and other aerodrome users of the method‑of‑working plan and the telephone numbers for contacting those operators and users during and after working hours;

                            (iv)  the arrangements for communicating with air traffic control and aircraft during the carrying out of the works;

                             (v)  the arrangements for carrying out time‑limited works;

                            (vi)  the names, telephone numbers and roles of the persons and organisations responsible for planning and carrying out the works, and the arrangements for contacting those persons and organisations at all times;

Aircraft parking control

                      (i)  particulars of the procedures for aircraft parking control, if established, including details of the following:

                              (i)  the arrangements between air traffic control and apron management;

                             (ii)  the arrangements for allocating aircraft parking positions;

                            (iii)  the arrangements for initiating engine start and ensuring clearances for aircraft push‑back;

                            (iv)  an inventory and description of the activation and deactivation of any visual docking guidance system used at the aerodrome;

                             (v)  the marshalling service;

                            (vi)  the leader (van) service or follow‑me service;

                           (vii)  the names, telephone numbers and roles of the persons responsible for planning and implementing aircraft parking control;

Airside vehicle control

                      (j)  if procedures have been established at the aerodrome for the control of surface vehicles operating on or near the movement area, particulars of those procedures, including details of the following:

                              (i)  the applicable traffic rules (including speed limits) and the means of enforcement of the rules;

                             (ii)  the method of instructing and testing drivers in relation to the applicable traffic rules;

                            (iii)  the names, telephone numbers and roles of the persons who are responsible for airside vehicle control;

Bird and animal hazard management

                     (k)  particulars of the procedures to deal with danger to aircraft operations caused by the presence of birds or animals on or near the aerodrome, including details of the following:

                              (i)  the arrangements for assessing any bird or animal hazard;

                             (ii)  the arrangements for the removal of any bird or animal hazard;

                            (iii)  the names and roles of the persons responsible for dealing with bird or animal hazards, and the telephone numbers for contacting them during and after working hours;

Obstacle control

                      (l)  particulars of the following:

                              (i)  the procedures for monitoring the obstacle limitation surfaces and the Type A chart take‑off surface for obstacles;

                             (ii)  the procedures for monitoring building developments (in relation to the height of buildings and other structures) within the horizontal limits of the obstacle limitation surfaces;

                            (iii)  if the aerodrome has instrument approach procedures—the procedures for monitoring for new objects or building developments in any other areas nominated by the instrument procedure designers;

                            (iv)  the arrangements between CASA, local planning authorities and other relevant organisations in relation to the approval of building developments that may infringe the obstacle limitation surfaces;

                             (v)  the names, telephone numbers and roles of the persons responsible for planning and implementing obstacle control;

Disabled aircraft removal

                    (m)  particulars of the procedures for removing an aircraft that is disabled on or near the movement area, including details of the following:

                              (i)  the roles of the aerodrome operator and the holder of the aircraft’s certificate of registration;

                             (ii)  the arrangements for telling the holder of the certificate of registration;

                            (iii)  the arrangements for liaising with air traffic control and the Australian Transport Safety Bureau;

                            (iv)  the arrangements for obtaining equipment and persons to remove the aircraft;

                             (v)  the names and roles of the persons who are responsible for arranging for the removal of an aircraft which is disabled, and the telephone numbers for contacting them during and after working hours;

Handling of hazardous materials

                     (n)  particulars of the procedures for the safe handling of hazardous materials on the aerodrome, including details of the following:

                              (i)  the names, telephone numbers and roles of the persons who are to receive and handle hazardous materials;

                             (ii)  the arrangements for special areas on the aerodrome to be set up for the storage of flammable liquids (including aviation fuels) and any other hazardous materials;

                            (iii)  the methods to be followed for the delivery, storage, dispensing and handling of these materials;

Note 1:       Hazardous materials include explosives, flammable liquids and solids, corrosive liquids, compressed gases, and magnetised or radioactive materials.

Note 2:       The arrangements to deal with an accidental spillage of hazardous materials are to be set out in the aerodrome emergency plan.

Protection of radar and navigational aids

                     (o)  particulars of the procedures for the protection of radar and navigational aids located on the aerodrome to ensure that their performance will not be degraded, including details of the following:

                              (i)  the arrangements for the control of activities near radar and navigational aid installations;

                             (ii)  the arrangements, made in consultation with
the provider of the navigational aid installation, for the supply and installation of signs warning of hazardous microwave radiation;

                            (iii)  the arrangements for ground maintenance near these installations;

Low visibility operations

                     (p)  particulars of the procedures for the management of ground activities at an aerodrome where low visibility operations are conducted, including details of the following:

                              (i)  the arrangements for measuring visibility along a runway and passing the information to air traffic control, if required;

                             (ii)  the arrangements for minimising vehicular traffic within the movement area during periods of low visibility operations;

                            (iii)  the arrangements for runway inspections during periods of low visibility operations;

                            (iv)  the names and roles of the persons who are responsible for managing low visibility operations, and the telephone numbers for contacting them during and after work hours.

Appendix 1 to subparagraph 139.095 (a)(iii) (Particulars of the aerodrome to be notified in AIP‑ERSA)

                   For subparagraph 139.095 (a)(iii), the particulars are:

General information

                     (a)  the following general information about the aerodrome:

                              (i)  the name of the aerodrome;

                             (ii)  the State or Territory where the aerodrome is located;

                            (iii)  the geographic coordinates of the aerodrome reference point;

                            (iv)  the elevation of the aerodrome, based on the Australian Height Datum;

                             (v)  details of the aerodrome beacon;

                            (vi)  the name of the aerodrome operator and the address and telephone numbers at which the aerodrome operator may be contacted at all times; and

Information for runways

                     (b)  the following information for each runway at the aerodrome:

                              (i)  the magnetic bearing of the runway and the runway number;

                             (ii)  the runway reference code number for the approach and take‑off areas that have been surveyed;

                            (iii)  the length, width and slopes of the runway;

                            (iv)  the length and width of the graded and overall runway strip;

                             (v)  the pavement surface type and its strength rating;

                            (vi)  the runway declared distances and take‑off gradient;

                           (vii)  the supplementary take‑off distances;

                          (viii)  the Aerodrome Obstacle Chart Type A, if applicable; and

Information about visual aid systems

                     (c)  the following information about visual aid systems at the aerodrome:

                              (i)  the type of runway lighting and the stand‑by power, if any, for that lighting;

                             (ii)  the type of approach lighting;

                            (iii)  the visual approach slope indicator system, if any;

                            (iv)  a description of the visual docking guidance systems at any aprons used by aircraft conducting international operations, and the aircraft parking positions where the systems are installed; and

Local information

                     (d)  the following local information about the aerodrome:

                              (i)  the hours of operation, if applicable;

                             (ii)  the available ground services;

                            (iii)  any special procedures;

                            (iv)  any local precautions.

139.100  Form of aerodrome manual

             (1)  The operator of a certified aerodrome must keep the copies of the aerodrome manual for the aerodrome in a printed form.

Penalty:  10 penalty units.

             (2)  Other copies of the manual may be kept in an electronic form.

             (3)  If CASA approves, the manual may consist of more than 1 document.

             (4)  The operator must keep the manual in a way that tells a person reading the manual:

                     (a)  when changes have been made to the information in the manual; and

                     (b)  whether the manual is up‑to‑date.

Penalty:  10 penalty units.

             (5)  An offence against subregulation (1) or (4) is an offence of strict liability.

139.105  Amendments of aerodrome manual

             (1)  The operator of a certified aerodrome must amend the aerodrome manual for the aerodrome, whenever it is necessary to do so, to maintain the accuracy of the manual.

Penalty:  10 penalty units.

             (2)  To maintain the accuracy of the aerodrome manual, CASA may give written directions to the operator requiring the operator to amend the manual in accordance with the direction.

             (3)  An operator must comply with a direction given to the operator under subregulation (2).

Penalty:  10 penalty units.

139.110  Notice of amendments

             (1)  The operator of a certified aerodrome must tell CASA, in writing, of any amendment that the operator makes to the aerodrome manual for the aerodrome within 30 days after the amendment is made.

Penalty:  5 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

139.115  Aerodrome manual controller

             (1)  The operator of a certified aerodrome must appoint a person to be the aerodrome manual controller for the aerodrome’s aerodrome manual.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

             (3)  The functions of the aerodrome manual controller are to ensure that:

                     (a)  a record is kept of the persons who hold copies of the whole or a part of the aerodrome manual; and

                     (b)  updates of information for the manual are distributed to those persons.

Division 139.B.3Operation and maintenance of a certified aerodrome

139.120  Care and diligence in operation and maintenance

                   The operator of a certified aerodrome must ensure that the aerodrome is operated and maintained with a reasonable degree of care and diligence.

Penalty:  20 penalty units.

139.125  Reporting officer

             (1)  The operator of a certified aerodrome must appoint 1 or more reporting officers for the aerodrome.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

             (3)  The functions of a reporting officer are:

                     (a)  to monitor the serviceability of the aerodrome; and

                     (b)  to report to the NOTAM Office and air traffic control any changes in conditions, or any other occurrences, at the aerodrome that must be reported under subregulation 139.155 (1).

             (4)  The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer’s functions.

Penalty:  10 penalty units.

139.130  Works safety officer for aerodrome works other than time‑limited works

             (1)  If aerodrome works (other than time‑limited works) are being carried out at a certified aerodrome, the operator of the aerodrome must appoint 1 or more persons as works safety officers for the aerodrome works.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

             (3)  The function of a works safety officer is to ensure aerodrome safety while the aerodrome works are being carried out.

             (4)  The operator must not appoint a person as a works safety officer for the aerodrome works if the person has not been trained, in accordance with the Manual of Standards, to perform the works safety officer’s function.

Penalty:  10 penalty units.

139.135  Works safety officer for time‑limited works

                   If time‑limited works are being carried out at a certified aerodrome, the operator of the aerodrome must ensure that a person who has been trained, in accordance with the Manual of Standards, to perform the function of a works safety officer performs that function for those works.

Penalty:  10 penalty units.

139.140  Training of aerodrome personnel

                   The operator of a certified aerodrome must ensure that all personnel of the operator are trained in accordance with the standards for training aerodrome personnel set out in the Manual of Standards.

Penalty:  20 penalty units.

139.145  Aerodrome manual procedures

             (1)  Subject to any directions issued under subregulation (2), the operator of a certified aerodrome must operate and maintain the aerodrome in accordance with the procedures set out in the aerodrome manual for the aerodrome.

Penalty:  25 penalty units.

             (2)  CASA may direct the operator of a certified aerodrome to change the procedures set out in the aerodrome manual, if CASA considers it necessary in the interests of the safety of aircraft.

             (3)  An operator must comply with a direction given to the operator under subregulation (2).

Penalty:  25 penalty units.

139.150  Notice of deviation

             (1)  This regulation applies if a deviation from a procedure set out in the aerodrome manual for a certified aerodrome is made to ensure the safety of aircraft.

             (2)  The operator of the aerodrome must tell CASA, in writing, of the deviation within 30 days after the deviation was made.

Penalty:  5 penalty units.

             (3)  An offence against subregulation (2) is an offence of strict liability.

139.155  Notice of changes in physical condition etc of aerodrome

             (1)  The operator of a certified aerodrome must, in accordance with the Manual of Standards, give notice to the NOTAM Office of:

                     (a)  any temporary or permanent change in the physical condition of the aerodrome that may affect the safety of aircraft; and

                     (b)  any other occurrence relating to the operation or maintenance of the aerodrome that may affect the safety of aircraft.

Penalty:  10 penalty units.

             (2)  If the aerodrome is a controlled aerodrome, the notice must also be given to air traffic control.

Penalty:  10 penalty units.

139.160  Notice of changes in information published in AIP‑ERSA

             (1)  To maintain the accuracy of the information published in AIP‑ERSA in relation to a certified aerodrome, the operator of the aerodrome must tell AIS, in writing, as soon as practicable of any change required to that information (other than a change that is published in NOTAMS).

Penalty:  5 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

139.165  Physical characteristics of movement area

                   The operator of a certified aerodrome must ensure that the physical characteristics of the movement area comply with the standards set out in the Manual of Standards.

Penalty:  10 penalty units.

139.170  Aerodrome markings

             (1)  The operator of a certified aerodrome must mark the following areas of the aerodrome in accordance with the standards set out in the Manual of Standards:

                     (a)  the movement area;

                     (b)  any unserviceable area;

                     (c)  any works area on or near the movement area.

Penalty:  10 penalty units.

             (2)  The operator must ensure that all aerodrome markings are maintained in accordance with the standards set out in the Manual of Standards.

Penalty:  10 penalty units.

             (3)  In this regulation:

unserviceable area means a part of the movement area that is unavailable for use by aircraft.

works area means a part of the aerodrome in which maintenance or construction works are in progress that may endanger the safety of aircraft.

139.175  Signal area

             (1)  The operator of a certified aerodrome that does not have a continuous air traffic service provided by air traffic control during the day must provide a signal area in accordance with the standards set out in the Manual of Standards.

Penalty:  10 penalty units.

             (2)  The operator must display an appropriate signal in the signal area in any circumstances set out in the Manual of Standards that require such a signal to be displayed.

Penalty:  10 penalty units.

             (3)  The operator must ensure that the signal area and any signal displayed in it are clearly visible to any aircraft intending to use the aerodrome.

Penalty:  10 penalty units.

139.180  Wind direction indicators—general

                   The operator of a certified aerodrome must, in accordance with the standards for wind direction indicators set out in the Manual of Standards, install and maintain at least 1 wind direction indicator at the aerodrome.

Penalty:  10 penalty units.

139.185  Wind direction indicators—requirement for certain runways

             (1)  If a runway at a certified aerodrome is used in non‑precision approach operations, the operator of the aerodrome must ensure that there is a wind direction indicator near the end or ends of the runway at which instrument non‑precision approach operations can be conducted.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

             (3)  CASA may grant an exemption to the operator under regulation 11.160 from compliance with subregulation (1) only if CASA is satisfied that surface wind information is passed to the pilots of aircraft approaching the runway by:

                     (a)  an automatic weather observing system that:

                              (i)  is compatible with the Bureau of Meteorology’s weather observing system; and

                             (ii)  provides surface wind information through an aerodrome weather information broadcast; or

                     (b)  an approved observer having a communication link with pilots through which timely information about surface wind can be clearly passed to pilots; or

                     (c)  any other approved means of providing surface wind information.

139.190  Visual approach slope indicator system

             (1)  The operator of a certified aerodrome must, in accordance with the standards for visual approach slope indicator systems set out in the Manual of Standards, provide an approved visual approach slope indicator system for the end of a runway at the aerodrome if that end is regularly used as the approach end for jet‑propelled aircraft conducting regular public transport operations or charter operations.

Penalty:  10 penalty units.

Note:          On 2 May 2003, the visual approach slope indicator systems approved by CASA are the systems known as T‑VASIS, AT‑VASIS and PAPI.

             (2)  CASA may direct the operator to provide an approved visual approach slope indicator system for the approach end or ends of a runway to which subregulation (1) does not apply, if CASA considers it necessary in the interests of the safety of aircraft.

             (3)  The operator must comply with a direction given to the operator under subregulation (2).

Penalty:  10 penalty units.

139.195  Lighting of movement area

             (1)  If a certified aerodrome is available for an aircraft to land or take‑off at night, or in less than VMC during the day, the operator of the aerodrome must provide and maintain a lighting system for the movement area of the aerodrome that is in accordance with subregulations (2) and (3).

Penalty:  20 penalty units.

             (2)  The lighting system must include:

                     (a)  lighting of runways, taxiways and aprons intended for use at night or in less than VMC during the day; and

                     (b)  lighting of at least 1 wind direction indicator; and

                     (c)  lighting of obstacles within the movement area; and

                     (d)  if the aerodrome has a runway intended to serve Category I, II or III precision approach operations—approach, runway and taxiway lighting for the runway and taxiway.

             (3)  The lighting system must:

                     (a)  if the lighting system is of a kind for which standards are specified in the Manual of Standards—meet those standards; or

                     (b)  in any other case—be, or be of a kind, approved by CASA.

139.200  Checking of lighting systems

             (1)  The operator of a certified aerodrome must not put a new lighting system of a kind mentioned in subregulation (3) into service at the aerodrome if both of the following requirements are not met:

                     (a)  an approved pilot has conducted a flight check of the system;

                     (b)  an electrical engineer or a licensed electrician has checked the system for compliance with any applicable electrical specifications and technical standards set out in the Manual of Standards.

Penalty:  10 penalty units.

             (2)  If checking compliance with a specification requires the use of survey instruments, the operator must ensure that the checking is done by:

                     (a)  a person with a degree, diploma or certificate in surveying or civil engineering; or

                     (b)  a person with experience and competence in surveying that is acceptable to CASA.

Penalty:  10 penalty units.

             (3)  For subregulation (1), the kinds of lighting systems are as follows:

                     (a)  an approach lighting system;

                     (b)  a runway lighting system for instrument approach runways;

                     (c)  a visual approach slope indicator system for jet‑propelled aircraft (other than a system intended for use on a temporary basis for a period not longer than 30 days);

                     (d)  a pilot‑activated lighting system.

139.205  Aerodrome emergency committee

             (1)  The operator of a certified aerodrome must establish an aerodrome emergency committee.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

             (3)  The committee must include a representative from any fire, police or other emergency service that, having regard to the location of the aerodrome, would be likely to be asked to assist if there were an emergency at the aerodrome.

139.210  Aerodrome emergency plan

             (1)  The aerodrome emergency committee for a certified aerodrome must prepare an aerodrome emergency plan.

             (2)  The plan must include:

                     (a)  procedures for coordinating the responses of all emergency service organisations referred to in the plan; and

                     (b)  any other matters that are required to be included in the emergency plan by the Manual of Standards.

             (3)  The committee must review the emergency plan at least once a year and make any changes to the plan that are necessary to ensure that it operates properly.

             (4)  The review must be carried out in consultation with the emergency service organisations referred to in the emergency plan.

             (5)  As soon as practicable after an emergency exercise has been carried out at the aerodrome, or if an emergency has occurred at the aerodrome, as soon as practicable after the emergency, the operator of the aerodrome must arrange for the committee to:

                     (a)  review the effectiveness of the responses to the exercise or the emergency; and

                     (b)  assess the adequacy of the emergency plan to deal with emergencies at the aerodrome; and

                     (c)  take such corrective action as is necessary to ensure that the plan operates properly.

             (6)  The operator must ensure that:

                     (a)  records of each review of the emergency plan carried out under this regulation are kept; and

                     (b)  each record is retained for at least 3 years after the review to which the record relates was carried out.

Penalty:  10 penalty units.

             (7)  An offence against subregulation (6) is an offence of strict liability.

139.215  Testing of aerodrome emergency plan

             (1)  Subject to this regulation, the operator of a certified aerodrome must conduct an emergency exercise at least once every 2 years to test:

                     (a)  the coordination of the emergency service organisations referred to in the aerodrome’s emergency plan; and

                     (b)  the adequacy of the procedures and facilities provided for in the plan.

Penalty:  10 penalty units.

             (2)  If a real emergency occurs at the aerodrome within 6 months before an emergency exercise is due, the operator may ask CASA to extend the period within which the next emergency exercise must be conducted.

             (3)  CASA must grant the request if it is satisfied that:

                     (a)  all emergency service organisations referred to in the plan responded to the real emergency; and

                     (b)  the real emergency adequately tested the plan.

             (4)  In granting the request, CASA may extend the period until the end of 2 years after the real emergency occurred.

139.220  Aerodrome serviceability inspections

             (1)  An aerodrome serviceability inspection is an inspection of the aerodrome to ensure that it is safe for aircraft operations.

             (2)  The inspection must include the following:

                     (a)  an inspection of the movement area to check its surface condition (including for the presence of foreign objects);

                     (b)  an inspection of aerodrome markings, lighting, wind direction indicators and ground signals;

                     (c)  an inspection for any obstacles infringing the take‑off, approach and transitional surfaces;

                     (d)  an inspection for any birds or animals on or near the movement area;

                     (e)  an inspection of any measures to control the inadvertent entry of persons or animals into the movement area (including aerodrome fencing);

                      (f)  an empirical assessment of the bearing strength of unrated runway pavements;

                     (g)  an empirical assessment of the runway strip or each runway strip where the runway concerned is not marked and the whole runway strip may be used for aircraft operations;

                     (h)  an inspection of the aerodrome’s frequency confirmation system (if any);

                      (i)  a check of whether any NOTAMS for the aerodrome are current and accurate.

             (3)  The inspection must comply with all applicable standards for aerodrome serviceability inspections set out in the Manual of Standards.

139.225  When aerodrome serviceability inspections must be conducted

             (1)  The operator of a certified aerodrome must conduct an aerodrome serviceability inspection:

                     (a)  on each day on which an airline service operates at the aerodrome; or

                     (b)  in any other case—at least twice a week.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

             (3)  The operator of a certified aerodrome must also conduct an aerodrome serviceability inspection:

                     (a)  after a gale, storm or other severe weather; and

                     (b)  at any time that air traffic control or CASA requires the inspection.

Penalty:  10 penalty units.

139.230  Aerodrome technical inspections

             (1)  An aerodrome technical inspection is an inspection of aerodrome facilities for an aerodrome to ensure that any deterioration that could make a facility unsafe for aircraft operations is detected.

             (2)  The inspection must include the following:

                     (a)  an instrument survey of the approach, take‑off and transitional surfaces;

                     (b)  an inspection and testing of the aerodrome lighting and electrical reticulation systems, including the visual approach slope indicator;

                     (c)  an electrical testing of any earthing points at the aerodrome;

                     (d)  an inspection and assessment of the movement area pavements and drainage;

                     (e)  an inspection of signs on the movement area;

                      (f)  an inspection of facilities at the aerodrome used for any of the following:

                              (i)  aerodrome emergencies;

                             (ii)  the handling of hazardous materials;

                            (iii)  bird and animal hazard management;

                            (iv)  stand‑by and emergency aerodrome lighting;

                     (g)  an inspection of airside vehicle control arrangements (if any);

                     (h)  a check of the currency and accuracy of:

                              (i)  aerodrome information published in AIP; and

                             (ii)  aerodrome operating procedures specified in the aerodrome manual for the aerodrome.

             (3)  The inspection must comply with all applicable standards for aerodrome technical inspections set out in the Manual of Standards.

139.235  When aerodrome technical inspections must be conducted etc

             (1)  The operator of a certified aerodrome must ensure that:

                     (a)  an aerodrome technical inspection is conducted at intervals of not more than 12 months; or

                     (b)  if the operator has elected to have a part or parts of
the inspection conducted at different times under subregulation (2), each facility for the aerodrome to be inspected is inspected at intervals of not more than 12 months.

Penalty:  10 penalty units.

             (2)  The operator may elect to have a part or parts of an aerodrome technical inspection conducted at different times from the other parts.

             (3)  If it appears from an aerodrome serviceability inspection that a particular facility at the aerodrome requires an aerodrome technical inspection, the operator must ensure that the necessary technical inspection of the facility is conducted as soon as practicable.

Penalty:  10 penalty units.

             (4)  The operator:

                     (a)  must, if the operator has elected to have a part or parts of an aerodrome technical inspection conducted at different times under subregulation (2):

                              (i)  keep records of each part of each inspection; and

                             (ii)  retain each record for at least 3 years after the part of the inspection to which the record relates was conducted; or

                     (b)  must, in any other case:

                              (i)  keep records of each inspection; and

                             (ii)  retain each record for at least 3 years after the inspection to which the record relates was conducted.

Penalty:  10 penalty units.

             (5)  An offence against subregulation (1) or (4) is an offence of strict liability.

139.240  Who may conduct aerodrome technical inspections

             (1)  The operator of a certified aerodrome must ensure that
an aerodrome technical inspection is conducted by a person
or persons with appropriate technical qualifications and experience.

Penalty:  10 penalty units.

             (2)  In particular:

                     (a)  the movement area, other pavements and drainage must be inspected by a person who has a recognised degree, diploma or certificate in civil engineering or appropriate technical experience; and

                     (b)  the lighting and electrical facilities must be inspected by an electrical engineer or a licensed electrician; and

                     (c)  the obstacle limitation surfaces must be inspected by a person who:

                              (i)  is technically qualified or experienced in surveying; and

                             (ii)  has a sound knowledge and understanding of
the standards and survey procedures for obstacle limitation surfaces.

139.245  Planning and execution of aerodrome works

             (1)  The operator of a certified aerodrome must ensure that any aerodrome works at the aerodrome are carried out in a way that does not create a hazard to aircraft, or confusion to pilots.

Penalty:  10 penalty units.

             (2)  The operator must comply with the standards set out in the Manual of Standards in relation to planning and notice requirements that must be satisfied before aerodrome works may be carried out.

Penalty:  10 penalty units.

139.250  Safety management system

             (1)  This regulation applies:

                     (a)  to an aerodrome used by aircraft engaged in international operations—on and after 1 November 2005; and

                     (b)  to any other certified aerodrome—on and after 1 January 2007.

             (2)  The operator of a certified aerodrome to which this regulation applies must ensure that the aerodrome has a safety management system that complies with the standards set out in the Manual of Standards.

Penalty:  10 penalty units.

Note:          This regulation is based on an ICAO requirement that is to come into effect in November 2005.

Division 139.B.4Aerodromes to which A‑SMGCS applies

139.251  Definition for Division 139.B.4

                   In this Division:

A‑SMGCS means Advanced Surface Movement Guidance and Control System, as defined in ICAO Document 9830 (Advanced Surface Movement Guidance and Control Systems (A‑SMGCS) Manual) approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time.

139.252  Designation of aerodromes to which A‑SMGCS applies

             (1)  CASA may designate a certified aerodrome as an aerodrome to which A‑SMGCS applies.

             (2)  However, CASA may designate the aerodrome as an aerodrome to which A‑SMGCS applies only if:

                     (a)  an ATS provider for the aerodrome:

                              (i)  asks CASA to designate the aerodrome as an aerodrome to which A‑SMGCS applies; and

                             (ii)  gives CASA a safety assessment demonstrating that the use of A‑SMGCS is necessary to ensure the safe control of aircraft and vehicles operating on the aerodrome’s manoeuvring area; and

                     (b)  CASA is satisfied, on the basis of the safety assessment, that the use of A‑SMGCS is necessary to ensure the safe control of aircraft and vehicles operating on the aerodrome’s manoeuvring area.

             (3)  The designation must:

                     (a)  be in writing; and

                     (b)  set out the date it takes effect, which must be not less than 6 months after the day it is made.

             (4)  CASA must give a copy of the designation to:

                     (a)  the operator of the aerodrome; and

                     (b)  the ATS provider who made the request under paragraph (2)(a).

             (5)  If CASA:

                     (a)  receives a request and safety assessment under paragraph (2)(a) for a certified aerodrome from an ATS provider for the aerodrome; and

                     (b)  decides not to designate the aerodrome as an aerodrome to which A‑SMGCS applies;

CASA must tell the ATS provider, in writing, as soon as practicable, of the decision and the reasons for it.

139.254  Vehicles at aerodromes to which A‑SMGCS applies

             (1)  This regulation applies to an aerodrome that is designated as an aerodrome to which A‑SMGCS applies.

             (2)  The operator of the aerodrome commits an offence if the operator does not, before the designation takes effect:

                     (a)  establish the procedures mentioned in subregulations (3) and (4); and

                     (b)  publish the procedures in its aerodrome manual.

Penalty:  25 penalty units.

             (3)  The procedures must require any vehicle that enters, or moves on, the aerodrome’s manoeuvring area:

                     (a)  to be fitted with:

                              (i)  serviceable electronic surveillance equipment that meets the technical standards for the equipment published in the Manual of Standards; and

                             (ii)  serviceable radiocommunications equipment capable of maintaining two‑way radio communication with air traffic control; or

                     (b)  to be accompanied by another vehicle that meets the requirements mentioned in paragraph (a).

             (4)  The procedures must require the driver of a vehicle that is fitted with the equipment mentioned in paragraph (3)(a):

                     (a)  to monitor the air traffic control radio frequency for surface traffic at all times that the vehicle is on the aerodrome’s manoeuvring area; and

                     (b)  to communicate with air traffic control as necessary to ensure the safety of persons, vehicles and aircraft on the manoeuvring area.

             (5)  The operator commits an offence if, after the designation takes effect:

                     (a)  the operator does not comply with the procedures mentioned in subregulations (3) and (4); or

                     (b)  the operator does not ensure that a person who operates a vehicle on the aerodrome’s manoeuvring area complies with the procedures; or

                     (c)  the operator does not ensure that a driver of a vehicle on the aerodrome’s manoeuvring area complies with the procedures.

Penalty:  25 penalty units.

             (6)  An offence against subregulation (2) or (5) is an offence of strict liability.

Subpart 139.CRegistered aerodromes

  

139.255  Definition for this Subpart

                   In this Subpart:

aerodrome register means the register established and maintained under regulation 139.275.

139.260  Application for registration of aerodrome

             (1)  The operator of an aerodrome (other than a aerodrome to
which regulation 139.040 applies) may apply to CASA for registration of the aerodrome.

Note:          See also regulation 139.030 for restrictions on the use of terminal instrument flight procedures.

             (2)  An application must be in the approved form and must be accompanied by:

                     (a)  the information about the aerodrome required by Appendix 1 to this paragraph, including a diagram of the aerodrome in accordance with that Appendix; and

                     (b)  a written statement, signed by a person approved under regulation 139.320, to the effect that:

                              (i)  the person has conducted a safety inspection of the aerodrome; and

                             (ii)  the aerodrome meets the applicable standards referred to in regulation 139.295 for registered aerodromes and is safe for operation; and

                     (c)  the name or names of the person or persons who are to be the reporting officers for the aerodrome.

             (3)  Despite paragraph (2)(b), until the end of 1 May 2006, the statement mentioned in that paragraph may be given by a person who is not approved by CASA under regulation 139.320 but is a person CASA is satisfied meets the requirements of subregulation 139.320 (2).

Appendix 1 to paragraph 139.260 (2)(a) (Diagram and information for application for registration of aerodrome)

             (1)  The diagram of the aerodrome must show the following:

                     (a)  the layout of runways, their designations (runway numbers) and length in metres;

                     (b)  the layout of taxiways and aprons;

                     (c)  the location of the aerodrome reference point;

                     (d)  the location of all wind direction indicators;

                     (e)  the elevation of the aerodrome at the highest point of the landing surface;

                      (f)  the magnetic bearing and distance to the nearest population centre, and what that centre is.

             (2)  The information about the aerodrome must include:

Aerodrome administration

                     (a)  the following information about the aerodrome and its administration:

                              (i)  the name of the aerodrome;

                             (ii)  the name of the aerodrome operator and the address and telephone numbers at which the aerodrome operator may be contacted at all times;

                            (iii)  the State or Territory in which the aerodrome
is located and the latitude and longitude for the location;

                            (iv)  whether the aerodrome is a public or private aerodrome;

                             (v)  the charges for use of the aerodrome;

                            (vi)  the name and contact details for the persons who are to be the reporting officers for the aerodrome; and

Runways

                     (b)  the following information for each runway at the aerodrome:

                              (i)  the runway reference code number for the approach and take‑off areas that have been surveyed;

                             (ii)  runway width and slope;

                            (iii)  runway strip width (grade and overall);

                            (iv)  declared distances and supplementary take‑off distances;

                             (v)  pavement strength rating; and

Aerodrome lighting

                     (c)  for each runway at the aerodrome that may be used at night—the following information:

                              (i)  whether the runway edge lights are low, medium or high intensity lights;

                             (ii)  whether approach lighting is provided;

                            (iii)  whether pilot‑activated lighting is provided and, if pilot‑activated lighting is provided, its frequency;

                            (iv)  whether T‑VASIS or PAPI lighting systems are provided;

                             (v)  whether there is an aerodrome beacon;

                            (vi)  whether there is stand‑by power or portable lighting;

                           (vii)  information about any other lighting provided; and

Ground services

                     (d)  the following information about ground services available to visiting pilots:

                              (i)  the types of aviation fuel available and contact details for fuel suppliers;

                             (ii)  contact details for local weather information;

                            (iii)  details of the universal communication system; and

Special procedures

                     (e)  information about any special procedures that pilots need to observe or follow; and

Notices

                      (f)  the following local safety information:

                              (i)  the presence of obstacles or other hazards (including animals or birds);

                             (ii)  restrictions on the use of taxiways or aprons;

                            (iii)  other activities at the aerodrome (for example, sport aviation activities).

139.265  Registration of aerodromes

                   CASA must, if the operator of an aerodrome has applied
for registration of the aerodrome in accordance with regulation 139.260:

                     (a)  register the aerodrome by entering the following information about the aerodrome in the aerodrome register:

                              (i)  the name of the aerodrome;

                             (ii)  the details of the location of the aerodrome;

                            (iii)  the name and address of the operator; and

                     (b)  tell the operator, in writing, that the aerodrome is registered; and

                     (c)  direct AIS to publish in AIP‑ERSA details of the registration and the information about the aerodrome required by Appendix 1 to paragraph 139.260 (2)(a).

139.270  Notice of refusal to register aerodrome

                   If CASA refuses to register an aerodrome, CASA must, no later than 14 days after it refuses to register the aerodrome, give the operator of the aerodrome written notice of the refusal and the reasons for it.

139.275  Register

             (1)  CASA must establish and keep, in the approved form, a register of aerodromes registered under this Subpart.

             (2)  CASA must make the aerodrome register available for inspection by members of the public at reasonable times and places, and subject to reasonable conditions.

             (3)  CASA may comply with subregulation (2) by making the information recorded in the aerodrome register accessible on the Internet.

             (4)  CASA must alter the information recorded in the aerodrome register if that information is not up to date.

             (5)  CASA must correct the information in the aerodrome register if there is an error in that information.

139.280  Duration of registration

             (1)  The registration of an aerodrome remains in force unless it is cancelled.

             (2)  However, the registration is not in force during any period in which it is suspended.

139.285  Cancellation of registration on request

             (1)  If the operator of a registered aerodrome wishes the registration of the aerodrome to be cancelled, the operator must give CASA not less than 30 days’ written notice of the date on which the operator wishes the registration to be cancelled.

             (2)  CASA must cancel the registration on the date specified in the notice and arrange for:

                     (a)  the cancellation to be notified in NOTAMS; and

                     (b)  details of the registration and any other information about the aerodrome to be removed from AIP‑ERSA.

139.290  Suspension or cancellation of registration by CASA

             (1)  CASA may, by written notice given to the operator of a registered aerodrome, suspend or cancel the registration of the aerodrome if there are reasonable grounds for believing that:

                     (a)  the aerodrome fails to meet any of the standards applicable to the aerodrome under regulation 139.295; or

                     (b)  the operator of the aerodrome has failed to comply
with regulation 139.025, 139.300, 139.305, 139.310 or 139.315.

             (2)  Before suspending or cancelling the registration of an aerodrome, CASA must:

                     (a)  give to the operator a show cause notice that:

                              (i)  sets out the facts and circumstances that, in the opinion of CASA, would justify the suspension or cancellation; and

                             (ii)  invites the operator to show cause, in writing, within 30 days after the date of the notice, why the registration should not be suspended or cancelled; and

                     (b)  take into account any written submissions that the
operator makes to CASA within the time allowed under subparagraph (a)(ii).

139.295  Applicable standards for registered aerodromes

                   The standards applicable to registered aerodromes are:

                     (a)  the standards applicable to certified aerodromes in relation to the following matters:

                              (i)  physical characteristics of the movement area;

                             (ii)  obstacle limitation surfaces;

                            (iii)  aerodrome markings;

                            (iv)  lighting;

                             (v)  wind direction indicators;

                            (vi)  signal circle and ground signals; and

                     (b)  any other standards set out in the Manual of Standards that are applicable to registered aerodromes.

139.300  Reporting officer

             (1)  The operator of a registered aerodrome must appoint 1 or more reporting officers for the aerodrome.

             (2)  The functions of a reporting officer are:

                     (a)  to monitor the serviceability of the aerodrome in accordance with the Manual of Standards; and

                     (b)  to report to the NOTAM Office and air traffic control any changes in conditions, or any other occurrences, at the aerodrome that must be reported under regulation 139.305.

             (3)  The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer’s functions.

139.305  Notice of changes in physical condition etc of aerodrome

             (1)  The operator of a registered aerodrome must, in accordance with the Manual of Standards, give notice to the NOTAM Office of:

                     (a)  any temporary or permanent change in the physical condition of the aerodrome that may affect the safety of aircraft; or

                     (b)  any other occurrence relating to the operation or maintenance of the aerodrome that may affect the safety of aircraft.

             (2)  If the aerodrome is a controlled aerodrome, the notice must also be given to air traffic control.

139.310  Notice of changes in information published in AIP‑ERSA

                   To maintain the accuracy of the information published in AIP‑ERSA in relation to a registered aerodrome, the operator of the aerodrome must tell AIS, in writing, as soon as practicable of any change required to that information (other than a change that is published in NOTAMS).

139.315  Safety inspections

             (1)  This regulation applies to a registered aerodrome that is used by an aircraft that:

                     (a)  is engaged in regular public transport operations or charter operations; and

                     (b)  has a maximum passenger seating capacity of more than 9 seats.

             (2)  The operator of the aerodrome must arrange for a safety inspection of the aerodrome to be conducted at least once each year.

             (3)  The safety inspection must be conducted by a person approved under regulation 139.320.

             (4)  The approved person must give the operator a written report that:

                     (a)  deals with the matters set out in Appendix 1 to this paragraph; and

                     (b)  specifies any remedial work that is necessary for the aerodrome to comply with the applicable standards.

             (5)  Within 30 days after receiving the report, the operator must give to CASA:

                     (a)  a copy of the report; and

                     (b)  if the report specifies any remedial work as being necessary—a statement as to when and how the operator intends to do the remedial work.

             (6)  Despite subregulation (3), until the end of 1 May 2006, the safety inspection may be conducted by a person who is not approved by CASA under regulation 139.320 but met the requirements of Part 1 of Schedule 11 of CAR as in force immediately before that commencement.

Appendix 1 to paragraph 139.315 (4)(a) (Matters to be dealt with in safety inspections)

Details of aerodrome

             (1)  Check that the following details relating to the aerodrome, published in AIP‑ERSA or given to air transport operators, are correct:

                     (a)  details of the location of the aerodrome;

                     (b)  the name and address of the aerodrome operator;

                     (c)  details of the movement area;

                     (d)  details of runway distances available;

                     (e)  details of the aerodrome lighting;

                      (f)  details of ground services;

                     (g)  notice of special conditions and procedures, if any.

Aerodrome operating procedures

             (2)  Check aerodrome operating procedures to ensure that the following matters are dealt with:

                     (a)  recording of aerodrome inspections;

                     (b)  recording of notices given to the NOTAM Office and AIS or to air transport operators;

                     (c)  recording of aerodrome works.

Reporting officer

             (3)  Check that each person appointed as a reporting officer is competent to carry out the reporting officer’s functions.

Details relating to movement area etc

             (4)  Check the following:

                     (a)  dimensions and surface conditions of runways, taxiways and aprons;

                     (b)  aerodrome lighting, including back‑up lighting and obstacle lighting;

                     (c)  wind direction indicators and their illumination;

                     (d)  aerodrome markings and signs;

                     (e)  obstacle limitation surfaces applicable to the aerodrome;

                      (f)  two‑way radios (whether hand‑held or installed in vehicles) used by the aerodrome operator on the movement area;

                     (g)  equipment used for dispersing birds;

                     (h)  aerodrome fencing.

139.320  Approval of persons to conduct aerodrome safety inspections

             (1)  A person may apply to CASA for approval to conduct aerodrome safety inspections for this Subpart.

Note 1:       An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

Note 2:       Part 11 deals with applications and decision making.

             (2)  Subject to regulation 11.055, CASA must approve the person if CASA is satisfied that the person:

                     (a)  has:

                              (i)  a recognised degree, diploma or certificate in civil engineering, surveying or a related field and a sound knowledge of the parts of these Regulations and the standards, practices and procedures that are applicable to the operation and maintenance of aerodromes; or

                             (ii)  other qualifications, knowledge and experience that CASA considers suitable for conducting an aerodrome safety inspection; and

                     (b)  would, if the approval is given, be able to perform properly the aerodrome safety inspection function.

Note:          Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

139.325  Duration of approval

             (1)  Unless sooner cancelled, an approval under regulation 139.320 remains in force until the end of 5 years after it is given.

             (2)  An approval is not in force during any period in which it is suspended, but the period of suspension counts as part of the 5 year approval period.

139.330  Suspension or cancellation of approval by CASA

             (1)  CASA may suspend or cancel an approval of a person under regulation 139.320, by written notice given to the person, if the person has not properly carried out, or is no longer properly carrying out, the aerodrome safety inspection function.

             (2)  Before cancelling or suspending the approval, CASA must:

                     (a)  give the person written notice:

                              (i)  stating the reasons that, in the opinion of CASA, would justify the cancellation or suspension; and

                             (ii)  advising the person that he or she may, within 30 days after the date of the notice, give CASA written reasons why the approval should not be suspended or cancelled; and

                     (b)  take into account any written reasons given to it by the person within the time allowed under subparagraph (a)(ii).

Subpart 139.DReporting officer and safety inspection requirements for certain other aerodromes

  

139.335  Aerodromes to which this Subpart applies

             (1)  This Subpart applies to an aerodrome that:

                     (a)  is not a certified aerodrome or a registered aerodrome; and

                     (b)  is used at least once a week by an aircraft that:

                              (i)  is engaged in regular public transport operations or charter operations; and

                             (ii)  has a maximum passenger seating capacity of more than 9 seats but not more than 30 seats.

             (2)  To establish the applicability of this Subpart to an aerodrome, CASA may direct the operator of the aerodrome to give
to CASA statistics about the number of movements at the aerodrome, in a specified period, of aircraft to which subparagraphs (1)(b)(i) and (ii) apply.

             (3)  An aerodrome operator must comply with a direction given to the operator under subregulation (2).

Penalty:  10 penalty units.

139.340  Reporting officer

             (1)  The operator of an aerodrome to which this Subpart applies must appoint 1 or more reporting officers for the aerodrome.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

             (3)  The functions of a reporting officer are:

                     (a)  to monitor the serviceability of the aerodrome in accordance with the Manual of Standards; and

                     (b)  to report to the operators that use the aerodrome any changes in conditions, or any other occurrences, at the aerodrome that may affect the safety of aircraft operations.

             (4)  The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer’s functions.

Penalty:  10 penalty units.

139.345  Safety inspections

             (1)  The operator of an aerodrome to which this Subpart applies must arrange for a safety inspection of the aerodrome to be conducted at least once each year.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

             (3)  The safety inspection must be conducted by a person approved, under regulation 139.320, to conduct safety inspections for Subpart 139.C.

Penalty:  10 penalty units.

             (4)  The approved person must give the operator a written report that:

                     (a)  deals with the matters set out in Appendix 1 to this paragraph; and

                     (b)  specifies any remedial work that is necessary for the aerodrome to comply with the applicable standards.

             (5)  Within 30 days after receiving the report, the operator must give to CASA:

                     (a)  a copy of the report; and

                     (b)  if the report specifies any remedial work as being necessary—a statement as to when and how the operator intends to do the remedial work.

Penalty:  10 penalty units.

             (6)  Despite subregulation (3), until the end of 1 May 2006, the safety inspection may be conducted by a person who is not approved by CASA under regulation 139.320 but is a person CASA is satisfied meets the requirements of subregulation 139.320 (2).

Appendix 1 to paragraph 139.345 (4)(a) (Matters to be dealt with in safety inspections)

Details of aerodrome

             (1)  Check that the following details relating to the aerodrome, published in AIP‑ERSA or given to air transport operators, are correct:

                     (a)  details of the location of the aerodrome;

                     (b)  the name and address of the aerodrome operator;

                     (c)  details of the movement area;

                     (d)  details of runway distances available;

                     (e)  details of the aerodrome lighting;

                      (f)  details of ground services;

                     (g)  notice of special conditions and procedures, if any.

Aerodrome operating procedures

             (2)  Check aerodrome operating procedures to ensure that the following matters are dealt with:

                     (a)  recording of aerodrome inspections;

                     (b)  recording of notices given to the NOTAM Office and AIS or to air transport operators;

                     (c)  recording of aerodrome works.

Reporting officer

             (3)  Check that each person appointed as a reporting officer is competent to carry out the reporting officer’s functions.

Details relating to movement area etc

             (4)  Check the following:

                     (a)  dimensions and surface conditions of runways, taxiways and aprons;

                     (b)  aerodrome lighting, including back‑up lighting and obstacle lighting;

                     (c)  wind direction indicators and their illumination;

                     (d)  aerodrome markings and signs;

                     (e)  obstacle limitation surfaces applicable to the aerodrome;

                      (f)  two‑way radios whether hand‑held or installed in vehicles used by the aerodrome operator on the movement area;

                     (g)  equipment used for dispersing birds;

                     (h)  aerodrome fencing.

Subpart 139.EObstacles and hazards

  

139.350  Monitoring of airspace

             (1)  The operator of a certified aerodrome or a registered aerodrome must monitor the airspace around the aerodrome for infringement of the obstacle limitation surfaces by:

                     (a)  any object, building or structure; or

                     (b)  any gaseous efflux having a velocity exceeding 4.3 metres per second.

             (2)  The monitoring must be in accordance with the standards set out in the Manual of Standards.

139.355  Establishment of obstacle limitation surfaces

                   An aerodrome operator must ensure that obstacle limitation surfaces are established for the aerodrome in accordance with the standards set out in the Manual of Standards.

139.360  Notice of obstacles

             (1)  An aerodrome operator must take all reasonable measures to ensure that obstacles at, or within the vicinity of, the aerodrome are detected as quickly as possible.

             (2)  If the operator becomes aware of the presence of an obstacle, the operator must:

                     (a)  tell the NOTAM Office immediately; and

                     (b)  give the NOTAM Office details of:

                              (i)  the height and location of the obstacle; and

                             (ii)  amended declared distances and gradients, if applicable.

Penalty:  10 penalty units.

             (3)  If the operator becomes aware of any development or proposed construction near the aerodrome that is likely to create an obstacle, the operator must:

                     (a)  tell CASA as soon as practicable; and

                     (b)  give to CASA details of the likely obstacle.

Penalty:  10 penalty units.

139.365  Structures 110 metres or more above ground level

                   A person who proposes to construct a building or structure the top of which will be 110 metres or more above ground level must inform CASA of that intention and the proposed height and location of the building or structure.

Penalty:  10 penalty units.

139.370  Hazardous objects etc

             (1)  CASA may determine, in writing, that:

                     (a)  an obstacle, or any proposed development or other proposed construction that is likely to create an obstacle; or

                     (b)  a building or structure the top of which is 110 metres or more above ground level; or

                     (c)  a proposed building or structure the top of which will be 110 metres or more above ground level;

is, or will be, a hazardous object because of its location, height or lack of marking or lighting.

             (2)  CASA may determine, in writing, that a gaseous efflux having a velocity exceeding 4.3 metres per second is, or will be, a hazard to aircraft operations because of the velocity or location of the efflux.

             (3)  If CASA makes a determination under subregulation (1) or (2), it must:

                     (a)  publish in AIP or NOTAMS particulars of the hazardous object or gaseous efflux to which the determination relates; and

                     (b)  give written notice of the determination in accordance with subregulation (4).

             (4)  CASA must give a copy of the notice:

                     (a)  in the case of a hazardous object that is a proposed building or structure:

                              (i)  to the person proposing to construct the building or structure; and

                             (ii)  to the authority or, if applicable, one or more of the authorities whose approval is required for the construction; and

                     (b)  in any other case, if a person who owns or is in occupation or control of the hazardous object, or owns or is in control of the installation that produces the gaseous efflux, can reasonably be identified—to that person.

Subpart 139.FAerodrome radio communication services

Division 139.F.1General

139.375  Aerodrome operators to collect statistics if directed

             (1)  If CASA considers it necessary in the interests of the safety of air navigation, CASA may, in writing, give directions to an aerodrome operator about collecting:

                     (a)  statistics about:

                              (i)  the types of aircraft using the aerodrome; and

                             (ii)  the times of aircraft movements at the aerodrome; and

                     (b)  other information, specified by CASA in the direction, that is relevant to deciding what radio communication services or air traffic services should be provided at the aerodrome.

             (2)  An aerodrome operator must comply with a direction given to the operator under subregulation (1).

Penalty:  10 penalty units.

Division 139.F.2Frequency confirmation system

139.380  Definitions for Division 139.F.2

                   In this Division:

frequency confirmation system means a ground radio system at an aerodrome that, if it receives a transmission from an aircraft on the radio frequency for the aerodrome, sends a signal or message to the aircraft confirming that the transmission has been received.

non‑controlled aerodrome means an aerodrome at which an air traffic control service is not operating.

139.385  Aerodromes that must have a frequency confirmation system

             (1)  The operator of a non‑controlled aerodrome must ensure that there is a frequency confirmation system for the aerodrome in accordance with subregulation (2) if:

                     (a)  the aerodrome is located in an MBZ; or

                     (b)  the aerodrome is used at least 5 times a week by aircraft that:

                              (i)  are engaged in regular public transport operations or charter operations; and

                             (ii)  have a maximum passenger seating capacity of more than 9 seats.

Penalty:  10 penalty units.

             (2)  The frequency confirmation system must comply with the standards for frequency confirmation systems set out in the Manual of Standards.

Division 139.F.3Air/ground radio service

139.390  Definitions for Division 139.F.3

                   In this Division:

AAIS (automatic aerodrome information service) means the service that provides current, routine information for aircraft arriving at or departing from an aerodrome by means of repetitive broadcasts on a discrete frequency.

air/ground radio service means an aerodrome radio information service that provides aircraft operating in the MBZ of an aerodrome with the services and information specified in section 14.2 of the Manual of Standards.

certified air/ground radio operator, or CA/GRO, means a person who is certified as a CA/GRO under regulation 139.430.

certified air/ground radio service, or CA/GRS, in relation to an aerodrome, means an air/ground radio service for the aerodrome certified in accordance with regulation 139.410.

139.395  Air/ground radio service must be certified

             (1)  The operator of an aerodrome must not operate, or permit to be operated, at the aerodrome an air/ground radio service that is not a CA/GRS.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

             (3)  Subregulation (1) does not apply if the operator has CASA’s written approval to operate the service for the purpose of conducting tests necessary to determine whether the service meets the standards for a CA/GRS set out in the Manual of Standards.

139.400  Direction by CASA to provide CA/GRS

             (1)  CASA may direct the operator of an aerodrome to provide a CA/GRS at the aerodrome.

             (2)  CASA must not give a direction under subregulation (1) unless an aeronautical study for the aerodrome has found that a CA/GRS is required at the aerodrome for the safety of air navigation.

             (3)  An operator must comply with a direction given to the operator under subregulation (1).

Penalty:  10 penalty units.

139.405  Voluntary provision of CA/GRS

                   An aerodrome operator who has not been given a direction under regulation 139.400 may provide a CA/GRS at the aerodrome.

139.410  Certification of air/ground radio service

             (1)  The operator of an aerodrome may ask CASA to certify an air/ground radio service for the aerodrome as meeting the standards for a CA/GRS set out in the Manual of Standards.

             (2)  A request must be made to CASA in accordance with the Manual of Standards.

             (3)  If the operator asks CASA to certify an air/ground radio service under this regulation, or because of a direction under regulation 139.400, CASA must certify the service if it meets the standards for a CA/GRS set out in the Manual of Standards.

139.415  General obligations of aerodrome operator

                   The operator of an aerodrome that has a CA/GRS must ensure that:

                     (a)  the CA/GRS is provided with the facilities required for a CA/GRS by the Manual of Standards; and

                     (b)  only a CA/GRO operates the CA/GRS; and

                     (c)  if the aerodrome is a certified aerodrome—the aerodrome manual for the aerodrome includes the operational procedures for the CA/GRS; and

                     (d)  the CA/GRS is operated in accordance with regulation 139.420.

Penalty:  10 penalty units.

139.420  When CA/GRS must be operating

             (1)  The CA/GRS must be operating for the arrival and departure of an aircraft that:

                     (a)  is engaged in regular public transport operations or charter operations; and

                     (b)  has a maximum passenger seating capacity of more than 30 seats.

             (2)  Subregulation (1) does not apply if:

                     (a)  an air traffic control service is operating at the aerodrome; or

                     (b)  an exemption from the requirement is in effect under regulation 11.160.

             (3)  Also, subregulation (1) does not apply for the limited period mentioned in subregulation (4) if:

                     (a)  the CA/GRO is absent from duty because of sickness or injury; or

                     (b)  the CA/GRS is unserviceable.

             (4)  The limited period is the lesser of:

                     (a)  7 days; and

                     (b)  the period of the absence from duty or the unserviceability.

139.425  Information about operating hours to be given to NOTAM Office

             (1)  The operator of an aerodrome that has a CA/GRS must give the NOTAM Office the following information, in writing:

                     (a)  the hours of operation of the CA/GRS;

                     (b)  the radio frequency and the call‑sign of the CA/GRS;

                     (c)  the radio frequency of the AAIS for the aerodrome.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

             (3)  If the CA/GRS becomes unavailable at the hours of operation notified under paragraph (1)(a), the operator must tell the NOTAM Office as soon as practicable.

Penalty:  10 penalty units.

139.430  Certified air/ground radio operators

             (1)  A person may apply to CASA for certification as a CA/GRO.

             (2)  The application must be made to CASA in accordance with the Manual of Standards.

             (3)  Subject to regulation 11.055, on receiving an application under this regulation, CASA must grant the application if the applicant meets the standards for a CA/GRO set out in the Manual of Standards.

139.435  Offences

             (1)  When a CA/GRO is providing a CA/GRS, he or she must not perform any other duties that are unrelated to the provision of the CA/GRS.

Penalty:  5 penalty units.

             (2)  The operator of an aerodrome must not allow a CA/GRO to provide a CA/GRS at the aerodrome if:

                     (a)  the CA/GRO:

                              (i)  has consumed any alcohol in the 8 hours before the service is to be provided; or

                             (ii)  is suffering from an incapacity that is likely to impair his or her efficiency in providing the service; and

                     (b)  the operator knows of that fact.

Penalty:  5 penalty units.

Subpart 139.HAerodrome rescue and firefighting services

Note:          As a signatory to the Chicago Convention, Australia is obliged to require, as part of its domestic law, that certain classes of airport provide rescue and firefighting services of an adequate standard. (See generally section 9.2 of chapter 9 of Annex 14 to the Chicago Convention.) To satisfy that obligation, this Subpart requires operators of aerodromes that have scheduled international traffic, or specified levels of domestic passenger traffic, to provide those services, and sets out the standards that apply to such services. Aerodromes that are not obliged to provide an ARFFS may choose to do so, and this Subpart will apply to a service so provided until the operator gives reasonable notice that it will no longer provide such a service.

Division 139.H.1General

139.700  Applicability of this Subpart

             (1)  This Subpart applies to aerodrome rescue and firefighting services.

             (2)  This Subpart sets out:

                     (a)  how a person receives approval as a provider of an aerodrome rescue and firefighting service; and

                     (b)  the operating and technical standards applicable to such a service.

Note:          In addition to the provisions of this Subpart, Part 11 contains provisions relating to an application for approval as a provider of an aerodrome rescue and firefighting service.

             (3)  This Subpart does not apply to:

                     (a)  a person who is providing an aerodrome rescue and firefighting service in the course of his or her duties for the Defence Force; or

                     (b)  any aerodrome rescue and firefighting service provided by the Defence Force.

139.705  Definitions for this Subpart

             (1)  In this Subpart:

airside of an aerodrome has the same meaning as airside of an airport in the Airports Act 1996.

ARFFS means aerodrome rescue and fire‑fighting service.

ARFFS operation means an operation undertaken in carrying out a function mentioned in paragraph 139.710 (1)(a) or (b).

ARFFS provider for an aerodrome means the person or organisation that provides ARFFS for the aerodrome.

category of an aerodrome means its category worked out by the method set out in section 9.2 of chapter 9 of Annex 14 to the Chicago Convention.

ERSA means the part of AIP known as En Route Supplement Australia.

Manual of Standards means the document called ‘Manual of Standards (MOS) – Subpart 139.H’ issued by CASA under regulation 139.712, as in force from time to time.

             (2)  A reference in this Subpart to an AFC certificate of a particular level is a reference to:

                     (a)  a certificate of that level issued under the Australian Fire Competencies Scheme (that is, the training scheme administered by the Australian Fire Authorities Council); or

                     (b)  a certificate accepted by CASA as indicating that the certificate holder has successfully completed a training program of a standard equivalent to that required for the issue of an AFC certificate of that level.

139.710  Functions of ARFFS

             (1)  The functions of an ARFFS for an aerodrome are:

                     (a)  to rescue persons and property from an aircraft that has crashed or caught fire during landing or take‑off; and

                     (b)  to control and extinguish, and to protect persons and property threatened by, a fire on the aerodrome, whether or not in an aircraft.

             (2)  Nothing in subregulation (1) prevents the ARFFS provider for an aerodrome from performing fire control services or rescue services elsewhere than on an aerodrome, but the provider must give priority to operations mentioned in subregulation (1).

139.711  Person not to provide service without approval

             (1)  A person must not provide an ARFFS at an aerodrome unless the person is approved, under Division 139.H.5, to provide the ARFFS.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

139.712  Issue of Manual of Standards

             (1)  CASA may issue a Manual of Standards for this Subpart that provides for the following matters:

                     (a)  standards and criteria for the establishment and disestablishment of an ARFFS;

                     (b)  standards relating to the procedures, systems and documents required for the provision of an ARFFS;

                     (c)  standards for facilities and equipment used to provide an ARFFS;

                     (d)  standards, including competency standards, minimum qualifications and training standards, for persons engaged in an ARFFS;

                     (e)  any matter required or permitted by these Regulations to be provided for by the Manual of Standards;

                      (f)  any matter necessary or convenient to be provided for the effective operation of this Subpart.

Note:          A Manual of Standards is a legislative instrument—see subsections 98 (5A) and (5B) of the Act and subparagraph 6 (d)(i) of the Legislative Instruments Act 2003. It must be registered in accordance with the latter Act and must be tabled in both Houses of the Parliament within 6 sitting days after its making.

             (2)  CASA must give a copy of a notice about a Manual of Standards for this Subpart (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each ARFFS provider.

Note:          Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.

139.715  Effect of Manual of Standards

             (1)  If CASA sets out, in the Manual of Standards, a way of complying with a requirement of this Subpart, an ARFFS provider who uses that way is taken to have complied with the requirement unless the contrary is shown.

             (2)  CASA may take the extent to which an ARFFS provider complies with the Manual into account in deciding whether the service provided by the provider is adequate.

Division 139.H.3Requirements to be complied with by ARFFS provider

139.750  Requirements in this Division

                   A requirement in this Division for there to be a system or procedure to do something is a requirement that the system or procedure:

                     (a)  must exist; and

                     (b)  must be in use.

139.755  Definition for Division—applicable standards and requirements

             (1)  In this Division:

applicable standards and requirements, for an aerodrome of a particular category, means:

                     (a)  for an aerodrome to which subregulation (2) applies—the standards and requirements for an aerodrome of its category set out in:

                              (i)  Chapter 9 of Annex 14 to the Chicago Convention; and

                             (ii)  the Manual of Standards; or

                     (b)  for any other aerodrome—the standards and requirements for an aerodrome of its category set out in the Manual of Standards.

             (2)  This subregulation applies to:

                     (a)  an aerodrome from or to which an international passenger air service operates; and

                     (b)  any other aerodrome through which more than 350 000 passengers passed on air transport flights during the previous financial year.

             (3)  In paragraph (2)(a):

international passenger air service means:

                     (a)  an international air service (within the meaning given by subsection 3 (1) of the Air Navigation Act 1920) that carries passengers, other than a non‑scheduled service (within the meaning given by that subsection); or

                     (b)  a non‑scheduled passenger‑carrying flight, or program of non‑scheduled passenger‑carrying flights, carried out under a permission granted under section 15D of the Air Navigation Act 1920; or

                     (c)  a non‑scheduled passenger‑carrying flight, or program of non‑scheduled passenger‑carrying flights, in a category in respect of which the Secretary to the Department has determined, under subsection 15A(3) of that Act, that such a permission is not required.

             (4)  For paragraph (2)(b), the number of passengers that pass through an aerodrome is to be determined according to statistics published by the Department.

Note:          Department means the Department administered by the Minister who administers these Regulations (see the Acts Interpretation Act 1901, subsection 19A(3) and section 46). At present that Department is the Department of Transport and Regional Services.

139.760  Inconsistency between Manual and chapter 9 of Annex 14

                   If a requirement of the Manual of Standards, as it applies to a particular aerodrome, is inconsistent with a requirement of chapter 9 of Annex 14 to the Chicago Convention, as it applies to that aerodrome, the requirement of the Manual prevails to the extent of the inconsistency.

139.765  Knowledge, equipment and expertise to deal with aviation hazards

                   An ARFFS provider must have the knowledge, equipment and expertise to deal with any hazard likely to arise during an aviation accident or incident, including any hazard mentioned in the Manual of Standards.

139.770  General obligation to maintain service

             (1)  An ARFFS provider must ensure that the service is available during the period or periods published in ERSA as the period or periods of its availability.

             (2)  Subregulation (1) does not prevent the level of protection provided during predictable periods of reduced activity at the aerodrome from being reduced, within the limit allowed by Chapter 9 of Annex 14 to the Chicago Convention.

139.771  Response time of ARFFS

             (1)  An ARFFS must be able to meet the criteria for response time set out in Chapter 9 of Annex 14 to the Chicago Convention.

             (2)  Subregulation (1) applies to an ARFFS whether or not Annex 14 to the Chicago Convention applies to the ARFFS.

139.772  Buildings and emergency facilities

             (1)  An ARFFS provider for an aerodrome to which subregulation 139.755 (2) applies must ensure that the necessary buildings and facilities for the service, including the following, are at the aerodrome:

                     (a)  a fire station;

                     (b)  communications facilities;

                     (c)  facilities for the maintenance of vehicles and equipment;

                     (d)  training facilities;

                     (e)  storage facilities;

                      (f)  if there is a body of water within 1 000 metres of a runway threshold—a boat ramp and boat launching facilities.

             (2)  The ARFFS provider must ensure that those buildings and facilities comply with any applicable requirements (including requirements as to location) in the Manual of Standards.

             (3)  The ARFFS provider must ensure that there is a facility, in accordance with the requirements of the Manual of Standards, for replenishing the water supply of a fire fighting vehicle.

             (4)  The ARFFS provider must ensure that there are the appropriate emergency roads on the aerodrome in accordance with the requirements of the Manual of Standards.

             (5)  An ARFFS provider must ensure that there are, at an aerodrome other than one to which subregulation 139.755 (2) applies, the following facilities:

                     (a)  a standby point for an emergency vehicle that will allow the vehicle to achieve the response time required by the Manual of Standards;

                     (b)  storage for a reserve stock of extinguishing agents.

139.773  Officer in charge

             (1)  An ARFFS provider must appoint, as officer in charge of ARFFS operations for an aerodrome, a person who is based at the aerodrome and who holds:

                     (a)  for an aerodrome categorised as Category 6 or above—an AFC Advanced Diploma that meets the standards in the Manual of Standards; or

                     (b)  for an aerodrome categorised as Category 5 or below—an AFC Diploma that meets the standards in the Manual of Standards.

             (2)  In paragraphs (1)(a) and (b):

AFC means Australian Fire Competencies.

139.775  Notice about times service is available etc

             (1)  An ARFFS provider must ensure that notice is published in ERSA of the hours during which the service is available.

             (2)  If for some reason (such as an emergency on the aerodrome) it becomes temporarily impossible to provide an ARFFS to the standard required by this Subpart, the provider must tell the Australian NOTAM Office:

                     (a)  of the reduction in the service; and

                     (b)  how long it is likely to be before the full service is restored.

             (3)  The provider must tell CASA in writing of any proposed reduction in the standard of service that:

                     (a)  will last longer than 24 hours; or

                     (b)  reduces the standard of ARFFS provided at the airport concerned to a greater extent than is permissible under Chapter 9 of Annex 14 to the Chicago Convention.

139.780  Agreements with other fire fighting bodies

             (1)  An ARFFS provider may make an arrangement:

                     (a)  for an aerodrome that is a joint user airport (within the meaning of the Airports Act 1996)—with the Defence Force for the provision of the ARFFS provider’s services to the Defence Force for the part of the aerodrome under the control of the Force; or

                     (b)  with a State or Territory, or another person or body, for the services of the provider for firefighting or rescue in the State or Territory beyond the airside of the aerodrome concerned.

             (2)  If a provider makes such an arrangement, the provider must ensure that it is recorded in writing.

139.785  Stock of fire extinguishing agents

             (1)  There must be, on the aerodrome, a stock of fire‑extinguishing agents of the kind or kinds, and meeting the performance standards, required by the applicable standards and requirements.

             (2)  The fire‑extinguishing agents must be held in at least the quantities required by those standards and requirements.

139.795  Extinguishing equipment and vehicles

             (1)  There must be, on the aerodrome, vehicles and equipment for delivering extinguishing agent onto a fire.

             (2)  There must be at least as many vehicles, and at least as much equipment, as required by the applicable standards and requirements.

             (3)  Each vehicle or piece of equipment:

                     (a)  must be capable of delivering extinguishing agent onto a fire at at least the rate required by the applicable standards and requirements; and

                     (b)  must have at least the performance (in other respects) required by those standards and requirements.

             (4)  The vehicles must carry ancillary equipment in accordance with the applicable standards and requirements.

             (5)  Each vehicle and piece of equipment must be in good working order.

             (6)  The vehicles must be of a colour permitted by the applicable standards and requirements.

             (7)  The provider must keep maintenance instructions for each vehicle and each piece of the equipment, including all the information necessary to permit an appropriately qualified and technically competent person to carry out maintenance, performance monitoring, defect reporting, fault reporting and record‑keeping on or for the vehicle or equipment.

139.800  Other vehicles and equipment

             (1)  There must be, at the aerodrome, enough vehicles and equipment (other than vehicles and equipment for delivering extinguishing agent onto a fire) to provide the service, in accordance with the applicable standards and requirements.

             (2)  The performance of the vehicles and equipment must be in accordance with the applicable standards and requirements.

             (3)  The vehicles must carry ancillary equipment in accordance with the applicable standards and requirements.

             (4)  The provider must keep maintenance instructions for each piece of the provider’s equipment, including all the information necessary to permit a technically competent person to carry out maintenance, performance monitoring, defect reporting, fault reporting and record‑keeping on or for the equipment.

139.805  Vehicles and equipment for firefighting and rescue in difficult environments

             (1)  If a significant proportion of aircraft movements at the aerodrome take place over water, swamp or another difficult environment, there must be appropriate vehicles, boats and equipment for firefighting and rescue in that environment within 1 000 metres of the threshold of each runway.

             (2)  The vehicles, boats and equipment must be in at least the numbers and quantity required by the applicable standards and requirements.

             (3)  The vehicles and boats must be of a colour required or permitted by the applicable standards and requirements.

139.810  Commissioning of certain equipment

                   An ARFFS provider must not begin to use a piece of operational equipment for the purpose of an ARFFS unless the equipment has been approved by CASA as conforming to specifications and any applicable standards, in accordance with the operator’s aerodrome manual, and any applicable standards or requirements in the Manual of Standards.

139.815  Protective clothing and equipment

                   At the aerodrome there must be, for the firefighters and rescue personnel:

                     (a)  protective clothing that complies with:

                              (i)  if there is a relevant Australian Standard (as in force immediately before this regulation commences)—that Standard; or

                             (ii)  if there is no such Australian Standard—any relevant internationally recognised standard;

                            in at least the quantity required by the applicable standards and requirements; and

                     (b)  other protective equipment in the quantity required by, and of a kind in accordance with, those standards and requirements.

139.820  Communications

             (1)  There must be, on the aerodrome, sufficient communications equipment available to provide communication during an ARFFS operation.

             (2)  The vehicles used for the service must carry suitable communications equipment.

             (3)  A person who is required to operate the equipment must hold a licence or certificate of a kind mentioned in paragraph 83 (1)(d) of CAR 1988 and appropriate to the equipment.

             (4)  The equipment must not interfere, when in use, with communications equipment used by the air traffic service at the aerodrome.

139.825  Test and maintenance equipment

             (1)  The provider must have the necessary equipment and tools, in accordance with the applicable standards and requirements, to test and maintain the equipment used to provide the service.

             (2)  If the applicable standards and requirements require particular test or maintenance equipment, particular kinds of test or maintenance equipment, or particular numbers or quantities of a particular type of test or maintenance equipment, the provider must have that equipment or that number or quantity of that type of equipment.

139.830  Commissioning of new vehicles and equipment

                   The provider must not put a new vehicle, or a new item of equipment that affects the quality or rate of discharge of extinguishing agent, into service unless:

                     (a)  the vehicle or equipment has been approved by CASA, for conformity to specification and the applicable standards and requirements, in accordance with the provider’s operations manual; and

                     (b)  CASA has acknowledged that the vehicle or equipment meets the applicable standards and requirements; and

                     (c)  any necessary personnel training has been completed.

139.835  Number of operating personnel

             (1)  During any period announced in ERSA as a period during which ARFFS is available at an aerodrome, there must be enough trained personnel available at the aerodrome to operate the equipment and vehicles required to provide the service at full capacity.

             (2)  Those personnel must be stationed at places that allow the ARFFS to respond to an emergency at least as quickly as required by the applicable standards and requirements.

139.840  Medical standard of firefighters

             (1)  The people employed as firefighters must meet the medical standard for firefighters set out in the Manual of Standards.

             (2)  There must be a system of continuing medical checks for the people employed as firefighters that ensures that the ARFFS provider knows whether or not those people continue to meet that standard.

139.845  Qualifications and training of firefighters

             (1)  The people employed as firefighters must already be trained to at least AFC Certificate 2 standard, or, if for a particular position the Manual of Standards specifies a higher standard, that higher standard.

             (2)  Before being used in any operational capacity, those people must also receive, or have received, appropriate training in dealing with hazards specific to aviation accidents and incidents, to the extent that such training is not part of the training required for an AFC Certificate 2.

             (3)  The people employed as firefighters must receive appropriate training to familiarise them with local conditions.

             (4)  There must be ongoing training for the people employed as firefighters to ensure that they continue to meet that standard.

             (5)  If a significant proportion of aircraft movements at the aerodrome take place over water, swamp or another difficult environment, the firefighters must be appropriately trained to carry out their functions in that environment.

139.850  Operations manual

             (1)  There must be an operations manual for the service that complies with the standards set out in the Manual of Standards.

             (2)  The operations manual must include a chart showing the organisations that provide services to the provider, setting out the roles and responsibilities of those organisations and how those roles and responsibilities affect the Aerodrome Emergency Procedures for the aerodrome concerned.

             (3)  The operations manual must be kept up to date.

             (4)  Each of the provider’s employees must have ready access to an up‑to‑date copy of the operations manual.

             (5)  The provider must give CASA a copy of the operations manual, and of any changes to it.

             (6)  There must be an up‑to‑date copy of the operations manual at each operational station.

             (7)  The provider must comply with the requirements of the operations manual.

139.855  Amendment of operations manual

             (1)  An ARFFS provider may amend its operations manual, but an amendment is of no effect until approved in writing by CASA.

             (2)  CASA may direct an ARFFS provider to amend its operations manual is a way specified in the direction.

             (3)  The provider must comply with the direction.

139.860  Voice data recording

                   There must be a system to record electronically, in accordance with the standards or requirements set out in the Manual of Standards, any voice communication by radio or telephone in the course of an ARFFS operation.

139.865  Record of accidents or incidents

                   There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to record the details of any aircraft accident or incident, or building fire, in relation to which the service is required to take any action.

139.870  Contingency plan

             (1)  There must be a plan, in accordance with the standards or requirements set out in the Manual of Standards, of the procedures to be used in the event of an emergency that results, or may result, in the service being interrupted.

             (2)  The plan must include at least the following:

                     (a)  actions to be taken by firefighters and rescue personnel;

                     (b)  possible alternative arrangements for providing the service (including arrangements for procuring any necessary replacement vehicles or spare parts, or supplies of extinguishing materials);

                     (c)  notification procedures;

                     (d)  procedures for re‑establishing normal services.

139.875  Records management

             (1)  There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to collect, index, store and maintain the records relating to the service.

             (2)  The records must include:

                     (a)  voice records made under regulation 139.860; and

                     (b)  records of accidents or incidents made under regulation 139.865.

             (3)  A record must be kept for 5 years (or a shorter period specified for the particular kind of record in the Manual) after the date to which it relates.

139.880  Organisation

                   The provider must, at all times, maintain an appropriate organisation with a sound and effective management structure, having regard to the nature of the service it provides.

139.885  System for rectification of service failures

                   There must be a system, in accordance with the standards or requirements in the Manual of Standards, to rectify any failure that results or may result in an interruption in the service or a reduction in the standard of the service.

139.890  Quality control

                   There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to ensure that the service complies with the requirements of this Subpart.

139.895  Change management

                   There must be a system, in accordance with the Manual of Standards, to manage changes in:

                     (a)  equipment and procedures; and

                     (b)  what the service does; and

                     (c)  the level or kinds of service provided; and

                     (d)  the way the service is provided.

139.900  Safety management

                   There must be a safety management system for the service, in accordance with the standards or requirements in the Manual of Standards, including the policies, procedures and practices necessary to provide the service safely.

139.905  Applicant’s organisation

             (1)  The provider must tell CASA in writing:

                     (a)  who its managers are; and

                     (b)  its organisational structure; and

                     (c)  how many staff of each class it uses to provide the service.

             (2)  The provider must tell CASA in writing about any change in a matter mentioned in paragraph (1)(a), (b) or (c) within 14 days after the change.

139.910  Telling users and CASA about changes

             (1)  There must be a procedure, in accordance with the standards and requirements in the Manual of Standards, for an ARFFS provider to give, to aerodrome users, safety‑related information about changes, faults or interruptions to the service.

             (2)  The procedure must comply with CASA’s requirements for reporting information to the Aeronautical Information and Data Service and the Australian NOTAM Office.

             (3)  If the provider fails, for a period of 24 hours or longer, to provide the service at the standard required by Division 139.H.3, the ARFFS provider for the aerodrome must tell CASA in writing as soon as practicable:

                     (a)  why the service is not being provided at that standard; and

                     (b)  how long it is likely to be before the service can be resumed; and

                     (c)  what action the service provider has taken and will take to resume the service at that standard.

Division 139.H.4Conduct of ARFFS operations

139.915  Powers of officer in charge or firefighter

             (1)  In this regulation:

firefighter, in relation to an ARFFS operation for an aerodrome, means:

                     (a)  somebody employed as a firefighter by the ARFFS provider for the aerodrome; or

                     (b)  a member of a fire brigade, or of a rescue or fire fighting service, who is taking part in the operation in accordance with an arrangement made with such a brigade or service.

officer in charge, in relation to an ARFFS operation for an aerodrome, means:

                     (a)  the person appointed under regulation 139.773 as officer in charge of ARFFS operations at the aerodrome; or

                     (b)  if, in accordance with an arrangement made with a fire brigade, or a rescue or fire fighting service, the person in control of the operation is a member of such a brigade or service—that person.

volunteer, in relation to an ARFFS operation, means somebody who has volunteered to help in the operation under the direction of the officer in charge.

             (2)  For an ARFFS operation for an aerodrome under this Subpart, the officer in charge may:

                     (a)  give directions that he or she thinks proper to firefighters and volunteers under his or her control; and

                     (b)  take measures that he or she thinks proper.

             (3)  Without limiting paragraph (2)(b), the officer in charge may do the following things for the purpose of the ARFFS operation:

                     (a)  enter (by force, if necessary), take possession of and deal with in any appropriate way, premises, an aircraft or other property;

                     (b)  close a road or other thoroughfare to traffic;

                     (c)  use a convenient water supply (including shutting off water supply from a main or pipe to obtain greater pressure or supply);

                     (d)  disconnect electricity supply to premises;

                     (e)  remove flammable, explosive or other dangerous material from premises, an aircraft or other property;

                      (f)  order a person to leave premises, an aircraft or other property;

                     (g)  remove from the vicinity of the operation a person or thing the presence of whom or which is interfering, or is likely to interfere, significantly with the operation;

                     (h)  take a fire engine or other fire appliance onto land or premises;

                      (i)  shore up or destroy a wall or building that is insecure or may be dangerous to persons or property;

                      (j)  direct or authorise a firefighter or a volunteer to do something that, under this regulation, the officer may do.

             (4)  For an ARFFS operation, a firefighter may do something mentioned in paragraph (3)(a), (b), (c), (d), (e), (f) or (h) without authorisation under paragraph (3)(j) if there are reasonable grounds for believing that, for the operation:

                     (a)  it is necessary or desirable to do the thing; and

                     (b)  it is not practicable for him or her to get authorisation to do so.

             (5)  A person is guilty of an offence punishable by a fine of 10 penalty units if he or she fails to comply with:

                     (a)  a direction of the officer in charge under paragraph (3)(f); or

                     (b)  a direction of the kind mentioned in that paragraph, given by a firefighter or volunteer, if:

                              (i)  the firefighter or volunteer has been authorised under paragraph (3)(j) by the officer in charge to give it; or

                             (ii)  the conditions in paragraphs (4)(a) and (b) are satisfied in relation to the direction.

Division 139.H.5Administration

139.920  Definition for Division

                   In this Division:

show cause notice means a notice under regulation 139.1015.

139.925  How to apply for approval as ARFFS provider

          (1A)  An eligible person may apply to CASA for approval as an ARFFS provider.

             (1)  A person is eligible to apply for approval as an ARFFS provider if:

                     (a)  the person is mentioned in column 2 of an item in table 139.925; and

                     (b)  the application relates to an aerodrome mentioned in column 3 of that item.

             (2)  The application must be in writing.

             (3)  The application:

                     (a)  must set out the applicant’s name and address; and

                     (b)  if the applicant is a corporation (within the meaning given by the Corporations Act 2001)—must set out the applicant’s registered address and ACN and the names and addresses of its officers.

             (4)  In paragraph (3)(b):

officer has the meaning given by section 9 of the Corporations Act 2001.

             (5)  The applicant must include with the application:

                     (a)  a copy of the applicant’s operations manual, prepared as if the applicant were an approved provider; and

                     (b)  information that will enable CASA to decide whether or not the applicant is of sound financial standing; and

                     (c)  a statement of the intended location and category of the service to be provided.

Note:          An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

Table 139.925

Item

Applicant

Aerodrome

1

the Commonwealth

any aerodrome

2

AA

any aerodrome

2A

Delta Fire Service Pty. Ltd.

Townsville Airport

3

Broome Airport Services Pty Ltd

Broome International Airport

4

Administration of Norfolk Island

Norfolk Island International Airport

5

a person who is to provide an ARFFS at a particular aerodrome:

(a) in cooperation with AA, in accordance with paragraph 11 (3)(b) of the Air Services Act 1995; or

(b) by arrangement with AA, in accordance with paragraph 11 (3)(c) of the Air Services Act 1995

the aerodrome mentioned in column 2

6

a person who is to provide an ARFFS in accordance with an arrangement mentioned in paragraph 216 (1)(e) of the Airports Act 1996

the aerodrome specified in the arrangement mentioned in column 2

139.965  When CASA must grant approval

             (1)  Subject to regulation 11.055 and subregulation (3), if a person has applied for approval as an ARFFS provider under this Subpart, CASA must grant the approval.

Note:          Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

             (3)  CASA may approve an application only if CASA approves the applicant’s draft operations manual.

             (4)  CASA must not approve the draft operations manual unless the draft manual complies with the relevant requirements in the Manual of Standards.

             (6)  Without limiting regulations 11.056 and 11.067, if the application is made by a person mentioned in column 2 of item 1, 2, 5 or 6 of Table 139.925 in relation to an ARFFS at the corresponding aerodrome, CASA may impose any condition necessary to give effect to an arrangement mentioned in subsection 11 (3) of the Air Services Act 1995.

139.970  When decision must be made

             (1)  If CASA does not make a decision about an application within 21 days after receiving it, CASA is taken to have refused the application.

             (2)  However, if CASA makes a request under regulation 11.035 or 11.040, the time between when CASA makes the request, and when the applicant’s officer or officers participates or participate in the interview, or gives CASA the information or copy requested, does not count towards the period.

             (3)  Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050 (3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.

             (4)  Also, if CASA invites an applicant to make a written submission under subregulation 11.050 (2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period.

139.995  Application for variation of approval

             (1)  An approved ARFFS provider may apply to vary its approval.

             (2)  Regulations 139.965 and 139.970 apply to the application.

Note:          Part 11 also contains provisions relating to an application for variation of approval.

139.1005  Suspension or continued suspension of approval by show cause notice

             (1)  CASA may state, in a show cause notice, that the approval as an approved ARFFS provider of the ARFFS provider concerned is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.

Note:          Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

             (2)  If a show cause notice states that the approval is suspended:

                     (a)  if the approval is already suspended when the show cause notice is given to the holder—the approval continues to be suspended until CASA revokes the suspension, or the suspension lapses under subregulation (4); or

                     (b)  the approval is suspended from when the notice is given to the approved ARFFS provider concerned.

             (3)  CASA may revoke the suspension at any time.

             (4)  If CASA has not cancelled the approval within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period.

139.1010  Grounds for cancellation of approval

                   It is grounds for the cancellation of the approval of an approved ARFFS provider if the provider:

                     (a)  has breached a condition of the approval; or

                     (b)  has contravened the Act or these Regulations; or

                     (c)  has otherwise been guilty of conduct that renders the holder’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.

Note:          Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

139.1015  Notice to approved ARFFS provider to show cause

             (1)  CASA may give an approved ARFFS provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the approval.

             (2)  A show cause notice must:

                     (a)  tell the provider of the facts and circumstances that justify the cancellation of the approval; and

                     (b)  invite the holder to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.

             (3)  For paragraph (2)(b), the period must not be less than 7 days.

139.1020  Cancellation of approval after show cause notice

             (1)  CASA may cancel an approval only if:

                     (a)  there exist facts or circumstances that amount to grounds for the cancellation of the approval; and

                     (b)  CASA has given the holder a show cause notice in relation to the grounds for the proposed cancellation; and

                     (c)  CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the holder; and

                     (d)  not cancelling the approval would be likely to have an adverse effect on the safety of air navigation.

             (2)  If CASA has given a show cause notice to an approved ARFFS provider, and it decides not to cancel the approval, it:

                     (a)  must tell the provider in writing of the decision; and

                     (b)  must, if the approval is suspended, revoke the suspension.

139.1022  Cancellation if holder ceases to provide ARFFS

             (1)  CASA must cancel the approval of a person mentioned in column 2 of item 3 or 4 of Table 139.925 if the person ceases to be an ARFFS provider for the aerodrome mentioned in column 3 of the item.

             (2)  CASA must cancel the approval of a person mentioned in column 2 of item 5 of Table 139.925 if the cooperation or arrangement mentioned in that item ceases.

             (3)  CASA must cancel the approval of a person mentioned in column 2 of item 6 of Table 139.925 if the arrangement mentioned in that item ceases.

 


Part 141Flying training organisations

  

Note:          This Part heading is reserved for future use.

Part 142Flight crew training and checking organisations

Note:          This Part heading is reserved for future use.

Part 143Air Traffic Services Training Providers

  

  

Table of Contents

Subpart 143.A—General

143.005     Applicability of this Part

143.010     Definitions for this Part

143.015     What is an ATS training provider

143.016     Person not to provide service without approval

143.017     Issue of Manual of Standards

Subpart 143.BApproval as an ATS training provider

143.020     What an application must be accompanied by

143.025     When applicant is eligible for approval

143.027     CASA may impose conditions on approvals

143.050     Variation of approvals

Subpart 143.CRequirements to be complied with by ATS training providers

Division 143.C.1Requirements for training

143.055     Standard for training

143.060     Training plan

Division 143.C.2Personnel

143.065     Personnel

143.070     Qualifications for certain personnel

Division 143.C.3Reference materials, documents and records

143.075     Reference materials

143.080     Material to be included in reference materials

143.085     Documents and records

143.090     Document and record control system

Subpart 143.DTelling CASA about changes

143.095     Advice on organisational changes

143.100     Discontinuing training

143.105     Status as a Registered Training Organisation

Subpart 143.EMiscellaneous

143.110     Unapproved training

Subpart 143.FAdministration

Division 143.F.1Preliminary

143.115     Applicability of this Subpart

Division 143.F.2Approvals

143.118     Applying for approval

143.120     Joint applications not permitted

143.130     Applications by corporations etc—what must be included

143.145     CASA may require demonstrations of procedures or equipment

143.175     Grant of approval

143.180     When decision must be made

Division 143.F.4Suspension and cancellation of approvals

143.215     Definition for this Division

143.220     Suspension of approval by show cause notice

143.225     Grounds for cancellation of approval

143.230     Notice to show cause

143.235     Cancellation of approval after show cause notice

143.240     Cancellation at request of ATS training provider

143. 245    Cancellation if cooperation or arrangement ceases

 


Subpart 143.AGeneral

  

143.005  Applicability of this Part

             (1)  This Part:

                     (a)  applies to a person that wants to become, or is, an ATS training provider; and

                     (b)  sets out certain administrative rules applying to CASA in its administration of this Part.

             (2)  However, this Part does not apply to:

                     (a)  a person who is providing ATS training in the course of his or her duties for the Defence Force; or

                     (b)  any ATS training provided by the Defence Force.

143.010  Definitions for this Part

                   In this Part:

Australian National Training Authority means the Australian National Training Authority established by the Australian National Training Authority Act 1992.

Australian Qualifications Framework means the framework set out in a document called ‘Australian Qualifications Framework Implementation Handbook’ published by the Australian Qualifications Framework (AQF) Advisory Board in 1998.

Australian Quality Training Framework means the quality arrangements for vocational education and training services set out in the document called ‘Australian Quality Training Framework – Standards for Registered Training Organisations’ published by the Australian National Training Authority in 2001.

Manual of Standards – Part 65 means the document called ‘Manual of Standards (MOS) – Part 65’ issued by CASA under regulation 65.033, as in force from time to time.

Manual of Standards – Part 143 means the document called ‘Manual of Standards (MOS) – Part 143’ issued by CASA under regulation 143.017, as in force from time to time.

Registered Training Organisation has the same meaning as it has in the document called ‘Australian Quality Training Framework – Standards for Registered Training Organisations’, published by the Australian National Training Authority in 2001.

training provider means a person who, or entity that, provides vocational education and training.

training recognition authority, in relation to a State or Territory, means a body that has, under a law of the State or Territory, the responsibility for registering training providers in that State or Territory.

143.015  What is an ATS training provider

                   An ATS training provider is a person approved, under Subpart 143.F, to provide the training relating to air traffic services that is covered by the approval.

143.016  Person not to provide service without approval

             (1)  A person must not provide training relating to air traffic services unless the person:

                     (a)  is approved, under Division 143.F.2, to provide the training; or

                     (b)  is an ATS provider within the meaning in Part 172.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

143.017  Issue of Manual of Standards

             (1)  CASA may issue a Manual of Standards for this Part that provides for the following matters:

                     (a)  standards, including procedures, plans, systems and documentation, for the provision of air traffic services training;

                     (b)  standards for facilities and equipment used to provide air traffic services training;

                     (c)  standards, including competency standards and minimum qualifications, for instructors engaged in air traffic services training;

                     (d)  any matter required or permitted by these Regulations to be provided for by the Manual of Standards;

                     (e)  any matter necessary or convenient to be provided for the effective operation of this Part.

Note:          A Manual of Standards is a legislative instrument—see subsections 98 (5A) and (5B) of the Act and subparagraph 6(d)(i) of the Legislative Instruments Act 2003. It must be registered in accordance with the latter Act and must be tabled in both Houses of the Parliament within 6 sitting days after its making.

             (2)  CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275(3) or regulation 11.280) to each ATS training provider.

Note:          Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.

Subpart 143.BApproval as an ATS training provider

  

143.020  What an application must be accompanied by

                   An application for approval as an ATS training provider must be accompanied by:

                     (a)  a written statement setting out details of the training relating to air traffic services that the applicant proposes to provide; and

                     (b)  a written statement setting out details of the relevant qualifications and experience of the applicant and applicant’s personnel, including the number of suitably qualified personnel who will be involved in providing the training; and

                     (c)  enough information to show that the applicant is a Registered Training Organisation whose registration:

                              (i)  is in force; and

                             (ii)  is for training delivery covering the training; and

                     (d)  a written statement describing the arrangements the applicant has made to comply with the requirements of Subparts 143.C and 143.D.

143.025  When applicant is eligible for approval

                   For Subpart 143.F, an applicant is eligible to become an ATS training provider for particular training relating to air traffic services if the applicant:

                    (aa)  is any of the following:

                              (i)  the Commonwealth;

                             (ii)  AA;

                            (iii)  a person who is to provide air traffic services training services in cooperation with AA, in accordance with paragraph 11 (3)(b) of the Air Services Act 1995;

                            (iv)  a person who is to provide air traffic services training services by arrangement with AA, in accordance with paragraph 11 (3)(c) of the Air Services Act 1995; and

                     (a)  is a Registered Training Organisation whose registration:

                              (i)  is in force; and

                             (ii)  is for training delivery covering that training; and

                     (b)  is able to comply with the requirements of Subparts 143.C and 143.D or will be able to do so if the applicant is approved.

143.027  CASA may impose conditions on approvals

                   Without limiting regulations 11.056 and 11.067, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11 (3) of the Air Services Act 1995.

143.050  Variation of approvals

             (1)  If an ATS training provider wants to vary its approval, it must apply to CASA, under Subpart 143.F, for that purpose.

             (2)  The application must contain, or have with it, a copy of the proposed variation.

Subpart 143.CRequirements to be complied with by ATS training providers

Division 143.C.1Requirements for training

143.055  Standard for training

                   An ATS training provider must ensure that the training relating to air traffic services that it provides:

                     (a)  is of at least the standard required by the Manual of Standards – Part 65; and

                     (b)  complies with the Australian Qualifications Framework.

143.060  Training plan

                   An ATS training provider must have, and put into effect, a training plan for the training relating to air traffic services covered by its approval that is in accordance with the standards and requirements set out in the Manual of Standards – Part 65.

Division 143.C.2Personnel

143.065  Personnel

                   An ATS training provider must have, at all times, enough suitably qualified personnel to enable it to provide, in accordance with both the Australian Quality Training Framework and the standards and requirements set out in the Manual of Standards – Part 65, the training relating to air traffic services that is covered by its approval.

143.070  Qualifications for certain personnel

                   An ATS training provider must not give to a person responsibility as an instructor or assessor for any training relating to air traffic services that it provides unless the person:

                     (a)  has suitable qualifications and experience in accordance with the Australian Quality Training Framework; and

                     (b)  satisfies the requirements of the Manual of Standards – Part 65 for persons having that responsibility.

Division 143.C.3Reference materials, documents and records

143.075  Reference materials

             (1)  An ATS training provider must maintain a set of the reference materials mentioned in regulation 143.080 for use by members of its personnel who have responsibilities as instructors or assessors for any training relating to air traffic services that it provides.

             (2)  The provider must maintain another set of the reference materials for use by anyone undertaking training relating to air traffic services that it provides.

             (3)  The provider must keep the reference materials up to date and in a readily accessible form.

             (4)  The instructors and assessors and anyone undertaking training must have ready access to the reference materials.

143.080  Material to be included in reference materials

                   For regulation 143.075, the reference materials to be maintained by the provider must include the following:

                     (a)  copies of the Act and these Regulations;

                     (b)  copies of Annexes 1, 6, 11 and 12 to the Chicago Convention;

                     (c)  a copy of the AIP;

                     (d)  copies of the Manual of Standards – Part 65 and the Manual of Standards – Part 143;

                     (e)  all manuals and documents specified in the Manual of Standards – Part 65 and Manual of Standards – Part 143.

143.085  Documents and records

             (1)  The provider must keep documents and records of the kinds specified in the Manual of Standards – Part 143.

             (2)  A document or record must be retained for as long as the Manual specifies for the particular kind of document or record.

             (3)  The provider must, at CASA’s request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA.

143.090  Document and record control system

             (1)  The provider must establish, and put into effect, a system, in accordance with the standards set out in the Manual of Standards – Part 143, for controlling the documents and records required to be kept under regulation 143.085.

             (2)  The system must include the policies and procedures for making, amending and preserving those documents and records.

Subpart 143.DTelling CASA about changes

  

143.095  Advice on organisational changes

                   The provider must tell CASA, in writing, of a change of circumstances that materially affects its capacity to provide any training relating to air traffic services that is covered by its approval within 7 days after the change occurs.

143.100  Discontinuing training

             (1)  The provider must not discontinue any training relating to air traffic services that is covered by its approval, unless it has given CASA at least 28 days written notice that the training is to be discontinued.

             (2)  Subregulation (1) does not apply if, having regard to the provider’s circumstances:

                     (a)  it was not reasonably practicable for the provider to give to CASA at least 28 days notice; and

                     (b)  the provider gives the notice as soon as reasonably practicable before, on or after the day when the service is discontinued.

143.105  Status as a Registered Training Organisation

                   If an ATS training provider, for any reason at any time after its approval as an ATS training provider, loses its status as a Registered Training Organisation, it must, within 7 days, tell CASA in writing accordingly. 

Subpart 143.EMiscellaneous

  

143.110  Unapproved training

                   An ATS training provider must not provide any training relating to air traffic services unless:

                     (a)  its approval:

                              (i)  is in force; and

                             (ii)  covers that training; and

                     (b)  it is a Registered Training Organisation whose registration:

                              (i)  is in force; and

                             (ii)  is for training delivery covering that training.

Subpart 143.FAdministration

Note:          In addition to the provisions of this Subpart, Part 11 contains provisions relating to an application for approval as an ATS training provider.

Division 143.F.1Preliminary

143.115  Applicability of this Subpart

                   This Subpart:

                     (a)  sets out certain administrative rules applying to CASA in its administration of this Part; and

                     (b)  includes certain generic provisions applying to anyone who wants to become, or is, an ATS training provider.

Division 143.F.2Approvals

143.118  Applying for approval

                   Subject to regulation 143.120, a person may apply to CASA, in writing, for approval as an ATS training provider.

Note:          An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

143.120  Joint applications not permitted

             (1)  An application purportedly made by 2 or more persons jointly is not a valid application for any purpose.

             (2)  An application purportedly made by a partnership is not a valid application for any purpose.

143.130  Applications by corporations etc—what must be included

             (1)  An application from a person other than an individual must set out:

                     (a)  the applicant’s registered address and ACN; and

                     (b)  the names and addresses of its officers.

             (2)  In paragraph (1)(b):

officer has the meaning given by section 9 of the Corporations Act 2001.

143.145  CASA may require demonstrations of procedures or equipment

                   Regulation 11.045 applies in relation to an approval as an ATS training provider.

143.175  Grant of approval

                   Subject to regulation 11.055, if an applicant has applied for approval as an ATS training provider under this Part, CASA must grant the approval.

Note:          Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

143.180  When decision must be made

             (1)  If CASA does not make a decision about an application within the period mentioned in subregulation (2) after receiving it, CASA is taken to have refused the application.

             (2)  The period is 6 months.

             (3)  However, if CASA makes a request under regulation 11.035, 11.040 or 11.045, the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period.

             (4)  Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050 (3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.

             (5)  Also, if CASA invites an applicant to make a written submission under subregulation 11.050 (2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period.

             (6)  In this regulation:

application includes an application to vary an approval under this Division.

Division 143.F.4Suspension and cancellation of approvals

143.215  Definition for this Division

                   In this Division:

show cause notice means a notice under regulation 143.230.

143.220  Suspension of approval by show cause notice

             (1)  CASA may state, in a show cause notice, that an ATS training provider’s approval is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.

Note:          Regulation 201.4 provides for review of certain decisions by the Administrative Appeals Tribunal.

             (2)  If a show cause notice states that the approval is suspended, the approval is suspended from when the notice is given to the provider.

             (3)  CASA may revoke the suspension at any time.

             (4)  If CASA has not cancelled the approval under regulation 143.235, within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period.

143.225  Grounds for cancellation of approval

                   It is grounds for the cancellation of an ATS training provider’s approval if the provider:

                     (a)  has breached a condition of the approval; or

                     (b)  has contravened the Act or these Regulations; or

                     (c)  does not meet, or continue to meet, a requirement of this Part for getting the approval; or

                     (d)  has otherwise been guilty of conduct that renders the provider’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.

Note:          Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

143.230  Notice to show cause

             (1)  CASA may give an ATS training provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the provider’s approval.

             (2)  A show cause notice must:

                     (a)  tell the provider of the facts and circumstances that justify the cancellation of the approval; and

                     (b)  invite the provider to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.

             (3)  For paragraph (2)(b), the period must not be less than 7 days.

143.235  Cancellation of approval after show cause notice

             (1)  Subject to regulation 143.245, CASA may cancel an ATS training provider’s approval only if:

                     (a)  there exist facts or circumstances that amount to grounds for the cancellation of the approval; and

                     (b)  CASA has given the provider a show cause notice in relation to the grounds for the proposed cancellation; and

                     (c)  CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the provider; and

                     (d)  not cancelling the approval would be likely to have an adverse effect on the safety of air navigation.

             (2)  If CASA has given a show cause notice to an ATS training provider, and it decides not to cancel the provider’s approval, it:

                     (a)  must tell the provider, in writing, of the decision; and

                     (b)  must, if the approval is suspended, revoke the suspension.

143.245  Cancellation if cooperation or arrangement ceases

             (1)  CASA must cancel the approval of a person mentioned in subparagraph 143.025 (aa)(iii) if the cooperation mentioned in that subparagraph ceases.

             (2)  CASA must cancel the approval of a person mentioned in subparagraph 143.025 (aa)(iv) if the arrangement mentioned in that subparagraph ceases.


Part 144Distribution organisations

  

Note:          This Part heading is reserved for future use.


Part 145Continuing airworthiness—Part 145 approved maintenance organisations

  

Table of Contents

Subpart 145.AGeneral

145.005     Purpose of Part

145.010     Definitions for Part

145.015     Part 145 Manual of Standards

145.020     Regulations 11.070 to 11.075 do not apply in relation to certain matters

Subpart 145.BApproval of Part 145 organisations

145.025     Applying for approval

145.030     Issuing approval

145.035     Approval certificate

145.040     Privileges for Part 145 organisations

145.045     Approval subject to conditions

Subpart 145.CChanges to Part 145 organisations

145.050     Application for approval of significant changes to organisations

145.055     Approval of significant changes

145.060     Changes to Part 145 organisations that are not significant changes

145.065     CASA may direct Part 145 organisations to change exposition

Subpart 145.DRequirements and offences for Part 145 organisations

145.070     Provision of maintenance services

145.075     Provision of permitted training

145.080     Providing employees with exposition

145.085     Complying with directions


Subpart 145.AGeneral

  

145.005  Purpose of Part

                   This Part:

                     (a)  sets out matters relating to Part 145 organisations, including:

                              (i)  requirements for approval as a Part 145 organisation; and

                             (ii)  requirements that apply to Part 145 organisations; and

                     (b)  empowers CASA to issue a Manual of Standards for this Part.

145.010  Definitions for Part

             (1)  In this Part:

accountable manager, for a Part 145 organisation, means the individual, appointed by the organisation, who is responsible for:

                     (a)  ensuring that the organisation complies with its exposition, each approval rating that it holds, and these Regulations; and

                     (b)  ensuring that the organisation is able to finance the provision of the maintenance services set out in its exposition; and

                     (c)  ensuring that the organisation has adequate resources available to enable it to provide maintenance services in accordance with its exposition; and

                     (d)  establishing and promoting policies for safety management and quality systems in accordance with the requirements of this Part and Part 42.

approval certificate means a certificate issued under regulation 145.035.

approval rating means a rating for a kind of aircraft, aeronautical product or specialist maintenance specified in the Part 145 Manual of Standards.

exposition, for a Part 145 organisation, means the document that is approved by CASA under regulation 145.030 in relation to the organisation, including:

                     (a)  if a change to the document is approved by CASA under regulation 145.055—that change; and

                     (b)  if the document is updated and the organisation gives CASA a copy of the updated part of the document under regulation 145.060—the updated part of the document; and

                     (c)  if the organisation makes a change to the document in accordance with a direction given by CASA under regulation 145.065—that change.

quality manager, for a Part 145 organisation, means the individual, appointed by the organisation, who is responsible for the quality management system described in the Part 145 Manual of Standards for the organisation.

responsible manager, for a Part 145 organisation, means an individual appointed by the organisation to be responsible to the accountable manager for ensuring that the organisation complies with its exposition and these Regulations in relation to a particular matter.

safety manager, for a Part 145 organisation, means the individual, appointed by the organisation, who is responsible for the safety management system described in the Part 145 Manual of Standards for the organisation.

significant change, in relation to a Part 145 organisation, has the meaning given by subregulation (2).

Note:          See the Dictionary for definitions of other terms used in this Part.

             (2)  A significant change, in relation to a Part 145 organisation, means any of the following changes:

                     (a)  a change to the organisation’s name;

                     (b)  a change to the location of the organisation’s maintenance facility, including the addition of a new maintenance facility;

                     (c)  a change in the personnel holding:

                              (i)  the position of accountable manager in the organisation; or

                             (ii)  the position of quality manager in the organisation; or

                            (iii)  any of the positions of responsible manager in the organisation; or

                            (iv)  the position of safety manager in the organisation;

                     (d)  a change to the maintenance services provided by the organisation, if the change would require a change to the approval ratings mentioned in the organisation’s approval certificate;

                     (e)  a change to the permitted training that it is approved to provide;

                      (f)  a change to the organisation’s facilities, equipment, tools, materials, procedures or certifying employees that could adversely affect the organisation’s ability to provide maintenance services that it is approved to provide.

145.015  Part 145 Manual of Standards

             (1)  For subsection 98 (5A) of the Act, CASA may issue a Manual of Standards for this Part that specifies matters affecting the maintenance or airworthiness of aircraft.

             (2)  In particular, a Manual of Standards may specify the following matters:

                     (a)  maintenance that is specialist maintenance for a Part 145 organisation;

                     (b)  ratings for kinds of aircraft, aeronautical products and specialist maintenance;

                     (c)  requirements for a Part 145 organisation’s exposition;

                     (d)  the privileges that apply to an approval rating;

                     (e)  requirements for a Part 145 organisation, including requirements in relation to the following:

                              (i)  facilities;

                             (ii)  managers;

                            (iii)  certifying employees;

                            (iv)  employee qualifications;

                             (v)  the grant of certification authorisations;

                            (vi)  training;

                           (vii)  equipment, tools and materials;

                          (viii)  aeronautical products;

                            (ix)  maintenance data;

                             (x)  writing procedures for carrying out maintenance;

                            (xi)  production planning;

                           (xii)  the issue of certificates of release to service;

                          (xiii)  in‑house maintenance and in‑house release documents;

                          (xiv)  the fabrication of parts in the course of carrying out maintenance;

                           (xv)  records;

                          (xvi)  defect reporting;

                         (xvii)  a quality management system, including auditing;

                        (xviii)  a safety management system;

                          (xix)  a procedure for making changes to the organisation that are not significant changes;

                      (f)  requirements for providing permitted training;

                     (g)  requirements for a Part 145 organisation in relation to arranging for the manufacturer of an aircraft or aircraft engine that forms part of a permitted aircraft type to provide training and assessment for the permitted aircraft type to the organisation’s employees.

145.020  Regulations 11.070 to 11.075 do not apply in relation to certain matters

                   Regulations 11.070 to 11.075 do not apply to:

                     (a)  a significant change to a Part 145 organisation that is approved by CASA under regulation 145.055; or

                     (b)  a change to a Part 145 organisation of which CASA is notified under regulation 145.060; or

                     (c)  a change to a Part 145 organisation that is made as a consequence of a change made to the organisation’s exposition in accordance with a direction given by CASA under regulation 145.065.

Subpart 145.BApproval of Part 145 organisations

  

145.025  Applying for approval

             (1)  A person (the applicant) may apply to CASA for approval as a Part 145 organisation.

             (2)  The application must:

                     (a)  be in writing; and

                     (b)  be signed by a person who is, or proposes to be, the applicant’s accountable manager.

             (3)  The application must include the following:

                     (a)  a copy of the applicant’s proposed exposition;

                     (b)  the approval rating sought by the applicant for:

                              (i)  each kind of aircraft or aeronautical product for which the applicant proposes to provide maintenance services; and

                             (ii)  each kind of specialist maintenance that the applicant proposes to provide;

                     (c)  if the applicant intends to provide permitted training for its employees—each aircraft type, aircraft system or subset of an aircraft system for which the applicant intends to provide training.

Note 1:       An application must be in the approved form, include all the information required by these Regulations, and be accompanied by every document required by these Regulations—see regulation 11.030.

Note 2:       Part 11 deals with applications and decision making.

145.030  Issuing approval

             (1)  Subject to regulation 11.055, CASA must approve an applicant as a Part 145 organisation if CASA is satisfied that:

                     (a)  the applicant has an exposition that complies with the requirements specified in the Part 145 Manual of Standards; and

                     (b)  the applicant has facilities, equipment, materials, maintenance data and tools that are suitable for:

                              (i)  providing maintenance services for the kinds of aircraft or aeronautical product for which the applicant proposes to provide maintenance services; and

                             (ii)  providing the specialist maintenance that the applicant proposes to provide; and

                            (iii)  providing the permitted training that the applicant proposes to provide for its employees; and

                     (c)  the facilities, equipment, materials, maintenance data and tools mentioned in paragraph (b) comply with the requirements specified in the Part 145 Manual of Standards; and

                     (d)  the applicant has nominated an individual for each of the following positions in the organisation:

                              (i)  accountable manager;

                             (ii)  quality manager;

                            (iii)  safety manager; and

                     (e)  the applicant has nominated an individual for each position of responsible manager in the organisation; and

                      (f)  each individual nominated for a position mentioned in paragraph (d) or (e) is appropriately qualified to hold the position; and

                     (g)  the audit requirements of the applicant’s quality management system will be carried out by a person who is not:

                              (i)  the accountable manager; or

                             (ii)  a responsible manager.

Note:          Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

             (2)  If CASA decides to approve an applicant as a Part 145 organisation, CASA must determine:

                     (a)  the approval rating for each kind of aircraft or aeronautical product for which the applicant is approved to provide maintenance services; and

                     (b)  the approval rating for each kind of specialist maintenance that the applicant is approved to provide; and

                     (c)  any limitations applying to an approval rating mentioned in paragraph (a) or (b); and

                     (d)  the permitted training that the applicant is approved to provide for its employees.

             (3)  In approving the applicant, CASA also approves the applicant’s proposed exposition.

145.035  Approval certificate

             (1)  If CASA approves an applicant as a Part 145 organisation, CASA must issue a certificate setting out the matters mentioned in paragraphs 145.030 (2)(a) to (c).

             (2)  The certificate issued by CASA must include an approval certificate reference number determined by CASA.

             (3)  If CASA approves a significant change to a Part 145 organisation under regulation 145.055, CASA may issue a new approval certificate to the organisation.

145.040  Privileges for Part 145 organisations

             (1)  A Part 145 organisation may provide:

                     (a)  maintenance services that it is approved to provide; and

                     (b)  permitted training that it is approved to provide for its employees.

             (2)  A Part 145 organisation may arrange for training and assessment for a permitted aircraft type to be provided by the manufacturer of the aircraft or the aircraft engine.

145.045  Approval subject to conditions

                   It is a condition of approval of a Part 145 organisation that:

                     (a)  the organisation must, at all times, comply with the requirements of:

                              (i)  its exposition; and

                             (ii)  the approval rating for each kind of aircraft or aeronautical product for which the organisation is approved to provide maintenance services; and

                            (iii)  the approval rating for each kind of specialist maintenance that the organisation is approved to provide; and

                            (iv)  any limitations applying to an approval rating mentioned in subparagraph (ii) or (iii); and

                             (v)  the Part 145 Manual of Standards; and

                            (vi)  Part 42 and this Part; and

                     (b)  the organisation must ensure that, at all times, its employees comply with the requirements mentioned in paragraph (a).

Note 1:       The approval is also subject to the conditions set out in Part 11.

Note 2:       Subpart 11.G empowers CASA to issue directions.

Subpart 145.CChanges to Part 145 organisations

  

145.050  Application for approval of significant changes to organisations

             (1)  If a Part 145 organisation proposes to make a significant change, the organisation must apply to CASA for approval of the change.

             (2)  The application must:

                     (a)  be in writing; and

                     (b)  set out the proposed change; and

                     (c)  include a copy of the part of the exposition consequentially affected by the change, showing the proposed change.

             (3)  Subject to subregulation (4), the application must be made before the change is made.

             (4)  If:

                     (a)  the change is of the kind mentioned in paragraph 145.010 (2)(c); and

                     (b)  the organisation does not apply, in accordance with subregulation (2), before making the change;

the organisation must apply in accordance with subregulation (2) within 7 days after making the change.

Note 1:       An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

Note 2:       Part 11 deals with applications and decision making.

Note 3:       Making a significant change without applying for approval in accordance with this regulation will be a breach of condition of an approval—see regulation 145.045.

145.055  Approval of significant changes

             (1)  Subject to regulation 11.055, CASA must approve a significant change to a Part 145 organisation if CASA is satisfied that, after making the change, the requirements mentioned in subregulation 145.030 (1) will continue to be met.

Note:          Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

             (2)  In approving the significant change, CASA also approves the consequential changes to the applicant’s exposition.

145.060  Changes to Part 145 organisations that are not significant changes

             (1)  A change that is not a significant change to a Part 145 organisation must be made in accordance with the procedure set out in the organisation’s exposition for making changes to the organisation that are not significant changes.

             (2)  If such a change is made, the organisation must, within 28 days after making the change:

                     (a)  update its exposition; and

                     (b)  give CASA written notice of the change and a copy of the updated part of the exposition.

145.065  CASA may direct Part 145 organisations to change exposition

             (1)  CASA may direct a Part 145 organisation to change its exposition:

                     (a)  to remove particular information from the exposition; or

                     (b)  to include particular information in the exposition; or

                     (c)  to revise or vary the information in the exposition.

             (2)  CASA may give a direction under this regulation only if CASA is satisfied that it is necessary to do so to ensure that the exposition complies with the requirements specified in the Part 145 Manual of Standards.

             (3)  A direction under this regulation must:

                     (a)  be in writing; and

                     (b)  specify the time within which the direction must be complied with.

Note:          The Part 145 organisation must comply with the direction—see regulation 145.085.

Subpart 145.DRequirements and offences for Part 145 organisations

  

145.070  Provision of maintenance services

             (1)  If a Part 145 organisation provides maintenance services, it must provide the services only in accordance with:

                     (a)  its exposition; and

                     (b)  the approval rating for each kind of aircraft or aeronautical product for which the organisation is approved to provide maintenance services; and

                     (c)  the approval rating for each kind of specialist maintenance that the organisation is approved to provide; and

                     (d)  any limitations applying to an approval rating mentioned in paragraph (b) or (c); and

                     (e)  the privileges that apply to the approval rating under the Part 145 Manual of Standards.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

145.075  Provision of permitted training

             (1)  If a Part 145 organisation provides permitted training for its employees, it must:

                     (a)  provide only the permitted training that it is approved to provide; and

                     (b)  provide the permitted training only in accordance with its exposition.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

145.080  Providing employees with exposition

             (1)  If a Part 145 organisation’s exposition relates to the duties of an employee of the organisation, the organisation must make the part of the organisation’s exposition that relates to those duties available to the employee before the employee begins carrying out the duties.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

145.085  Complying with directions

             (1)  If CASA gives a direction to a Part 145 organisation under regulation 145.065, the organisation must comply with the direction within the time mentioned in the direction.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.


Part 147Continuing airworthiness—maintenance training organisations

  

Table of Contents

Subpart 147.AGeneral

147.005     Purpose of Part

147.010     Definitions for Part

147.015     Part 147 Manual of Standards

147.020     Regulations 11.070 to 11.075 do not apply in relation to certain matters

Subpart 147.BApproval of maintenance training organisations

147.025     Applying for approval

147.030     Issuing approval

147.035     Approval certificate

147.040     Privileges for maintenance training organisations

147.045     Approval subject to conditions

Subpart 147.CChanges to maintenance training organisations

147.050     Application for approval of significant changes to organisations

147.055     Decision on application for approval of significant changes

147.060     Changes to maintenance training organisations that are not significant changes

147.065     CASA may direct maintenance training organisations to change exposition

Subpart 147.DRequirements and offences for maintenance training organisations

147.070     Provision of maintenance training and assessment

147.075     Assessment of foreign licences

147.080     Providing employees with exposition

147.085     Complying with directions


Subpart 147.AGeneral

  

147.005  Purpose of Part

                   This Part:

                     (a)  sets out matters relating to maintenance training organisations, including:

                              (i)  requirements for approval as a maintenance training organisation; and

                             (ii)  requirements that apply to maintenance training organisations; and

                     (b)  empowers CASA to issue a Manual of Standards for this Part.

147.010  Definitions for Part

             (1)  In this Part:

accountable manager, for a maintenance training organisation, means the individual, appointed by the organisation, who is responsible for ensuring that the organisation:

                     (a)  complies with its exposition and these Regulations; and

                     (b)  is able to finance the provision of the kinds of maintenance training set out in its exposition; and

                     (c)  has adequate resources available to enable it to provide maintenance training in accordance with its exposition.

aircraft type has the meaning given by regulation 66.010.

approval certificate means a certificate issued under regulation 147.035.

assessment means an assessment of units of competency for category training, or elements for aircraft type training, by any or all of the following means:

                     (a)  examination of theory by means of written questions or oral questions or both;

                     (b)  practical testing of the skills acquired in practical training;

                     (c)  consideration of evidence for recognition of prior learning.

Examples:  Evidence that may be assessed for recognition of prior learning

1  Responses to interview questions.

2  Formal qualifications and other documents evidencing an area of competence.

3  Third party verification.

4  Workplace observation.

5  Sample examination results or sample practical test results.

course plan, for a maintenance training organisation and a maintenance training course, means the plan for the maintenance training course set out in the organisation’s exposition.

exposition, for a maintenance training organisation, means the document that is approved by CASA under regulation 147.030 in relation to the organisation, including:

                     (a)  if a change to the document is approved under regulation 147.055—that change; and

                     (b)  if the document is updated and the organisation gives CASA a copy of the updated part of the document under subregulation 147.060—the updated part of the document; and

                     (c)  if the organisation makes a change to the document in accordance with a direction given by CASA under regulation 147.065—that change.

feedback system, for a quality management system, has the meaning given by the Part 147 Manual of Standards.

practical training means training that allows a student who has undertaken training in theory to practise applying the theory.

quality management system, for a maintenance training organisation, means the quality management system described in the Part 147 Manual of Standards.

recognition of prior learning means full or partial credit given in a unit of competency for category training, or in an element for aircraft type training, for prior work experience, training or qualifications attained in Australia or a foreign country.

registered training organisation means an organisation that is registered in accordance with the Australian Quality Training Framework to provide vocational training and assessment services and award qualifications.

responsible manager, for a maintenance training organisation, means an individual appointed by the organisation to be responsible to the accountable manager for ensuring that the organisation complies with its exposition and these Regulations in relation to a particular matter.

significant change, in relation to a maintenance training organisation, has the meaning given by subregulation (2).

theory means a theoretical element of aircraft type training or category training.

Note:          See the Dictionary for definitions of other terms used in this Part.

             (2)  A significant change, in relation to a maintenance training organisation, means any of the following changes:

                     (a)  a change to the organisation’s name;

                     (b)  a change to the location of the organisation’s maintenance training facility, including the addition of a new maintenance training facility;

                     (c)  a change in the personnel holding:

                              (i)  the position of accountable manager in the organisation; or

                             (ii)  any of the positions of responsible manager in the organisation;

                     (d)  a change to a course or a course plan provided by the organisation, other than a change resulting from a change to Appendix I, II, III or IV to the Part 66 Manual of Standards;

                     (e)  a change to the organisation’s quality management system, other than a change involving the taking of any necessary corrective action under the feedback system;

                      (f)  a change to the organisation’s facilities, personnel, record management system, instructional equipment, maintenance training material or procedures that could adversely affect the organisation’s ability to provide the maintenance training that it is approved to provide.

147.015  Part 147 Manual of Standards

             (1)  For subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part that specifies matters affecting the maintenance or airworthiness of aircraft.

             (2)  In particular, a Manual of Standards may specify the following matters:

                     (a)  the category training a maintenance training organisation may be approved to provide;

                     (b)  the aircraft type training a maintenance training organisation may be approved to provide;

                     (c)  the kinds of assessment a maintenance training organisation may be approved to carry out;

                     (d)  requirements for a maintenance training organisation’s exposition;

                     (e)  requirements for a maintenance training organisation, including requirements in relation to the following:

                              (i)  facilities;

                             (ii)  employees, including employee qualifications;

                            (iii)  records of instructors and assessors;

                            (iv)  course plans;

                             (v)  conduct of assessments;

                            (vi)  instructional equipment;

                           (vii)  maintenance training material;

                          (viii)  records;

                            (ix)  training procedures and the quality management system, including auditing;

                             (x)  assessments;

                            (xi)  a procedure for making changes to the organisation that are not significant changes.

147.020  Regulations 11.070 to 11.075 do not apply in relation to certain matters

                   Regulations 11.070 to 11.075 do not apply to:

                     (a)  a significant change to a maintenance training organisation that is approved by CASA under regulation 147.055; or

                     (b)  a change to a maintenance training organisation of which CASA is notified under regulation 147.060; or

                     (c)  a change to a maintenance training organisation that is made as a consequence of a change made to the organisation’s exposition in accordance with a direction given by CASA under regulation 147.065.

Subpart 147.BApproval of maintenance training organisations

  

147.025  Applying for approval

             (1)  A person (the applicant) may apply to CASA for approval as a maintenance training organisation.

             (2)  Only a person who is a registered training organisation may apply for approval as a maintenance training organisation to provide category training or carry out assessment of units of competency.

             (3)  The application must:

                     (a)  be in writing; and

                     (b)  be signed by a person who is, or proposes to be, the applicant’s accountable manager.

             (4)  The application must include the following:

                     (a)  a copy of the applicant’s proposed exposition;

                     (b)  if the applicant is seeking approval to provide category training—the categories of aircraft engineer licence for which the applicant proposes to provide training;

                     (c)  if the applicant is seeking approval to provide aircraft type training—the ratings for which the applicant proposes to provide training;

                     (d)  the kinds of assessment that the applicant proposes to carry out;

                     (e)  whether the applicant is seeking approval to recognise prior learning for assessment purposes.

Note 1:       An application must be in the approved form, include all the information required by these Regulations, and be accompanied by every document required by these Regulations—see regulation 11.030.

Note 2:       Part 11 deals with applications and decision making.

147.030  Issuing approval

             (1)  Subject to regulation 11.055, CASA must approve an applicant as a maintenance training organisation if CASA is satisfied that:

                     (a)  the applicant has an exposition that complies with the requirements specified in the Part 147 Manual of Standards; and

                     (b)  the applicant has facilities, personnel, a record management system, instructional equipment, maintenance training material and a quality management system that comply with the Part 147 Manual of Standards; and

                     (c)  the applicant has nominated an individual for the position of accountable manager in the organisation; and

                     (d)  the applicant has nominated an individual for each position of responsible manager in the organisation; and

                     (e)  each individual nominated for a position mentioned in paragraph (c) or (d) is appropriately qualified to hold the position.

Note:          Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

             (2)  If CASA decides to approve an applicant as a maintenance training organisation, CASA must determine:

                     (a)  whether the organisation is approved to provide:

                              (i)  category training; or

                             (ii)  aircraft type training; or

                            (iii)  both category training and aircraft type training; and

                     (b)  if the organisation is approved to provide category training—the categories of aircraft engineer licence for which the applicant is approved to provide training; and

                     (c)  if the organisation is approved to provide aircraft type training—the ratings for which the applicant is approved to provide training; and

                     (d)  the kinds of assessment that the organisation is approved to carry out; and

                     (e)  whether the organisation may recognise prior learning for assessment purposes.

             (3)  Subject to regulation 11.055, CASA must approve an applicant to provide category training if:

                     (a)  CASA has approved the applicant as a maintenance training organisation; and

                     (b)  CASA is satisfied that the applicant meets the criteria set out in Appendices I, II and IV to the Part 66 Manual of Standards.

             (4)  Subject to regulation 11.055, CASA must approve an applicant to provide aircraft type training if:

                     (a)  CASA has approved the applicant as a maintenance training organisation; and

                     (b)  CASA is satisfied that the applicant meets the criteria set out in Appendix III to the Part 66 Manual of Standards.

             (5)  In approving the applicant, CASA also approves the applicant’s proposed exposition.

147.035  Approval certificate

             (1)  If CASA approves an applicant as a maintenance training organisation, CASA must issue a certificate setting out the matters mentioned in subregulation 147.030 (2).

             (2)  The certificate issued by CASA must include an approval certificate reference number determined by CASA.

             (3)  If CASA approves a significant change to a maintenance training organisation under regulation 147.055, CASA may issue a new approval certificate to the organisation.

147.040  Privileges for maintenance training organisations

                   A maintenance training organisation may:

                     (a)  provide maintenance training that it is approved to provide; and

                     (b)  carry out assessments that it is approved to carry out; and

                     (c)  if the organisation is approved to recognise prior learning for assessment purposes—carry out assessments based on recognition of prior learning; and

                     (d)  issue certificates, in the approved form, to students who have successfully completed that training and assessment.

147.045  Approval subject to conditions

                   It is a condition of approval of a maintenance training organisation that:

                     (a)  the organisation must, at all times, comply with the requirements of:

                              (i)  its approval as a maintenance training organisation; and

                             (ii)  its exposition; and

                            (iii)  the Part 147 Manual of Standards; and

                            (iv)  this Part; and

                     (b)  the organisation must ensure that, at all times, its employees comply with the requirements mentioned in paragraph (a).

Note 1:       The approval is also subject to the conditions set out in Part 11.

Note 2:       Subpart 11.G empowers CASA to issue directions.

Subpart 147.CChanges to maintenance training organisations

  

147.050  Application for approval of significant changes to organisations

             (1)  If a maintenance training organisation proposes to make a significant change, the organisation must apply to CASA for approval of the change.

             (2)  The application must:

                     (a)  be in writing; and

                     (b)  set out the proposed change; and

                     (c)  include a copy of the part of the exposition consequentially affected by the proposed change, showing the proposed change.

             (3)  Subject to subregulation (4), the application must be made before the change is made.

             (4)  If:

                     (a)  the change is:

                              (i)  a change of the kind mentioned in paragraph 147.010(2)(c); or

                             (ii)  a change of the kind mentioned in paragraph 147.010(2)(f) in relation to the personnel of the organisation; and

                     (b)  the organisation does not apply, in accordance with subregulation (2), before making the change;

the organisation must apply in accordance with subregulation (2) within 7 days after making the change.

Note 1:       An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

Note 2:       Part 11 deals with applications and decision making.

Note 3:       Making a significant change without applying for approval in accordance with this regulation will be a breach of condition of an approval—see regulation 147.045.

147.055  Decision on application for approval of significant changes

             (1)  Subject to regulation 11.055, CASA must approve a significant change to a maintenance training organisation if CASA is satisfied that, after making the change, the requirements mentioned in subregulation 147.030(1) will continue to be met.

Note:          Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

             (2)  In approving the significant change, CASA also approves the consequential changes to the applicant’s exposition.

147.060  Changes to maintenance training organisations that are not significant changes

             (1)  A change that is not a significant change to a maintenance training organisation must be made in accordance with the amendment procedure set out in the organisation’s exposition.

             (2)  If such a change is made, the organisation must, within 28 days after making the change:

                     (a)  update its exposition; and

                     (b)  give CASA written notice of the change and a copy of the updated part of the exposition.

147.065  CASA may direct maintenance training organisations to change exposition

             (1)  CASA may direct a maintenance training organisation to change its exposition:

                     (a)  to remove particular information from the exposition; or

                     (b)  to include particular information in the exposition; or

                     (c)  to revise or vary the information in the exposition.

             (2)  CASA may give a direction under this regulation only if CASA is satisfied that it is necessary to do so to ensure that the exposition complies with the requirements specified in the Part 147 Manual of Standards.

             (3)  A direction under this regulation must:

                     (a)  be in writing; and

                     (b)  specify the time within which the direction must be complied with.

Note:          The maintenance training organisation must comply with the direction—see regulation 147.085.

Subpart 147.DRequirements and offences for maintenance training organisations

  

147.070  Provision of maintenance training and assessment

             (1)  If a maintenance training organisation provides maintenance training, carries out assessments or issues certificates, it must do so only in accordance with:

                     (a)  its approval as a maintenance training organisation; and

                     (b)  its exposition; and

                     (c)  the Part 147 Manual of Standards.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

147.075  Assessment of foreign licences

             (1)  In assessing a person, a maintenance training organisation must not give credit to the person for holding a licence (however described) that was issued to the person by an excluded State.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note 1:       Subregulation 66.060 prevents the recognition of a licence issued by an excluded State.

Note 2:       For recognition of a foreign licence issued by a recognised State, see regulations 66.030 and 66.035.

Note 3:       For recognition of a foreign licence not issued by a recognised State, see regulations 66.040, 66.045, 66.050 and 66.055.

147.080  Providing employees with exposition

             (1)  If a maintenance training organisation’s exposition relates to the duties of an employee of the organisation, the organisation must make the part of the organisation’s exposition that relates to those duties available to the employee before the employee begins carrying out the duties.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

147.085  Complying with directions

             (1)  If CASA gives a maintenance training organisation a direction under regulation 147.065, the organisation must comply with the direction within the time mentioned in the direction.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.


Part 149Recreational aviation administration organisations

Note:          This Part heading is reserved for future use.

Part 171Aeronautical telecommunication service and radionavigation service providers

  

Table of Contents

Subpart 171.AGeneral

171.005     Applicability of this Part

171.010     Interpretation

171.012     Meaning of telecommunication service

171.015     Person not to provide service without approval

171.017     Issue of Manual of Standards

Subpart 171.BApproval of service providers

171.020     Application

171.022     Joint applications not permitted

171.025     If applicant is a corporation

171.026     CASA may ask for demonstration of service

171.027     Grant of approval

171.028     When decision must be made

171.029     Conditions

Subpart 171.CObligations and privileges of service provider

171.030     Service by provider

171.035     Changes by service provider to service

171.040     Changes by service provider to operations manual

171.050     Technicians

171.055     Test transmissions

171.065     Interruption to service

171.070     Test equipment

171.075     Documents to be maintained

171.080     Records

171.085     Security program

171.086     Safety management system

Subpart 171.DContents of operations manual

171.090     Operations manual to contain or refer to information

171.095     Organisation and management of service provider

171.100     Way in which standards are met

171.105     Functional specification and performance values of services

171.110     Technical description

171.115     Safe operation

171.120     Facility operation and maintenance plan

171.125     Safety management system

171.140     Test equipment

171.145     Interruption to service

171.150     Document control

171.155     Security program

171.160     Changes to procedures

Subpart 171.ESuspension and cancellation of approvals, and directions to vary manuals

171.220     Suspension and cancellation of approvals

171.225     Notice to approval holder to show cause

171.230     Grounds for cancellation of approval

171.235     Cancellation of approval after show cause notice

171.237     Cancellation if cooperation or arrangement ceases

171.245     CASA’s power to direct variation of manual

171.250     Certificate

171.255     Return of certificate if approval ceases


Subpart 171.AGeneral

  

171.005  Applicability of this Part

             (1)  This Part sets out:

                     (a)  the requirements for a person to be approved as a provider of a ground‑based aeronautical telecommunication or radionavigation service; and

                     (b)  the requirements for the operation and maintenance of those services; and

                     (c)  certain administrative rules relating to CASA in its administration of this Part.

             (2)  However, this Part does not apply to:

                     (a)  a person who is providing an aeronautical telecommunication or radionavigation service in the course of his or her duties for the Defence Force; or

                     (b)  any aeronautical telecommunication or radionavigation service provided by the Defence Force.

171.010  Interpretation

             (1)  In this Part:

accuracy, in relation to a radionavigation service or facility, means the degree to which the value measured or displayed by the service or facility conforms to the true value.

approval means an approval, given by CASA, to provide a telecommunication or radionavigation service.

availability, for a telecommunication service, radionavigation service or support service, means the percentage of its operating hours that the service is not interrupted.

certified air/ground radio service, or CA/GRS, in relation to an aerodrome, means an air/ground radio service for the aerodrome certified in accordance with regulation 139.410.

configuration, in relation to:

                     (a)  a telecommunication or radionavigation service—means the configuration of each facility and any interconnection between facilities that make up the service; and

                     (b)  a facility—means the configuration of equipment, hardware, software and data, and the interconnections between equipment.

coverage, in relation to a telecommunication or radionavigation service, means the volume of airspace in which, or the locations between which, the service is nominally provided.

Example 1: The volume of airspace in which an aeronautical broadcasting   service can be received and used.

Example 2: The places served by an aeronautical fixed line           telecommunication service.

Frequency confirmation system means a ground radio system at an aerodrome that, if it receives a transmission from an aircraft on the radio frequency for the aerodrome, sends a signal or message to the aircraft confirming that the transmission has been received.

Functional specification, for a telecommunication service, a radionavigation service or a support service, is a general description of the service, its operating principles and its functions.

Example:    The functional specification of an aeronautical radionavigation service may describe the kind of service, each standard to which it operates, the accuracy of its signal and the aircraft for which the service is provided.

hazard means a source of potential harm to aviation safety.

integrity, of a telecommunication service, a radionavigation service or a support service:

                     (a)  means the likelihood that the information supplied by the service at a particular moment is correct; and

                     (b)  includes the ability of the service to warn users promptly when the service should not be used.

key personnel, in relation to a service provider, means the person or persons who manage 1 or more of the following:

                     (a)  operations;

                     (b)  maintenance;

                     (c)  safety.

Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 171’ issued by CASA under regulation 171.017, as in force from time to time.

operating hours, for a telecommunication or radionavigation service, means the times during which the service provider must, under its approval, operate the service.

operations manual means a manual of the kind described in Subpart 171.D, prepared by a service provider or a person applying for approval.

radionavigation service means an aeronautical radio navigation service within the meaning given in Volume II of Annex 10 to the Chicago Convention.

recovery time means the period during which a service is interrupted.

reliability, of a telecommunication service, a radionavigation service or a support service, means the probability that the service will perform its function or functions without failure for a specified period.

risk means risk to aviation safety.

safety means aviation safety.

service provider means a person approved to operate and maintain a telecommunication or radionavigation service, and whose approval is not suspended or revoked.

technical specification, for a telecommunication service or facility, or a radionavigation service or facility, is a detailed description, that may use technical terms and concepts, of:

                     (a)  the way in which the service or facility operates and performs its functions; and

                     (b)  the technical standards to which the service or facility has been designed and manufactured.

Example:    The technical specification of a particular kind of radionavigation service may include its frequency band, channel spacing, frequency tolerance, effective radiated transmitter power, antenna type and gain, effective radiated power and radial phase modulation.

technician means a person who is engaged by a service provider to do 1 or more of the following:

                     (a)  operate a facility;

                     (b)  maintain a facility;

                     (c)  conduct measurements of the performance of, and calibration of, a facility during a flight inspection.

             (2)  For this Part:

                     (a)  a telecommunication or radionavigation service is provided using 1 or more facilities at 1 or more locations, each facility consisting of:

                              (i)  1 item of equipment; or

                             (ii)  items of interconnected equipment;

                            at a particular location; and

                     (b)  a service is interrupted if, during its operating hours:

                              (i)  it is not operating because it has failed or has been suspended; or

                             (ii)  it is operating outside its technical specification.

171.012  Meaning of telecommunication service

             (1)  In this Part, telecommunication service means any of the following:

                     (a)  1 or both of the following, within the meaning given for each in Volume II of Annex 10 to the Chicago Convention:

                              (i)  an aeronautical broadcasting service;

                             (ii)  an aeronautical fixed service;

                     (b)  an aeronautical mobile service, within the meaning given in Volume II of Annex 10 to the Chicago Convention, that is used to support an air traffic service of a kind mentioned in Annex 11 to the Chicago Convention;

                     (c)  any system that processes or displays air traffic control data.

             (2)  However, none of the following is a telecommunication service:

                     (a)  an aerodrome weather information broadcast service (within the meaning in AIP);

                     (b)  a certified air/ground radio service at an aerodrome;

                     (c)  a frequency confirmation system at an aerodrome;

                     (d)  pilot activated lighting (within the meaning in AIP) at an aerodrome;

                     (e)  a UNICOM service (within the meaning in AIP).

171.015  Person not to provide service without approval

             (1)  A person that is not a service provider must not provide a telecommunication or radionavigation service.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

171.017  Issue of Manual of Standards

             (1)  CASA may issue a Manual of Standards for this Part that provides for the following matters:

                     (a)  standards relating to the procedures, systems and documents required for the provision of a radionavigation service or a telecommunication service;

                     (b)  standards for facilities and equipment used to provide a radionavigation service or a telecommunication service;

                     (c)  standards, including competency standards and minimum qualifications, for a technician or, if a service provider is an individual, a service provider;

                     (d)  any matter required or permitted by these Regulations to be provided for by the Manual of Standards;

                     (e)  any matter necessary or convenient to be provided for the effective operation of this Part.

Note:          A Manual of Standards is a legislative instrument—see subsections 98 (5A) and (5B) of the Act and subparagraph 6(d)(i) of the Legislative Instruments Act 2003. It must be registered in accordance with the latter Act and must be tabled in both Houses of the Parliament within 6 sitting days after its making.

             (2)  CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275(3) or regulation 11.280) to each service provider.

Note:          Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.

Subpart 171.BApproval of service providers

Note:          In addition to the provisions of this Subpart, Part 11 contains provisions relating to an application for approval as a telecommunication or radionavigation service provider.

  

171.020  Application

          (1A)  Subject to regulation 171.022, an eligible person may apply to CASA for approval as a provider of a telecommunication service or a radionavigation service, or both.

             (1)  For subregulation (1A), a person is an eligible person if the person is any of the following:

                     (a)  the Commonwealth;

                     (b)  AA;

                     (c)  a person who is to provide a telecommunication service, a radionavigation service, or both:

                              (i)  in cooperation with AA, in accordance with paragraph 11(3)(b) of the Air Services Act 1995; or

                             (ii)  by arrangement with AA, in accordance with paragraph 11(3)(c) of the Air Services Act 1995.

             (2)  An application must be in writing, and must include:

                     (a)  the applicant’s name and address; and

                     (b)  a copy of the applicant’s operations manual, prepared as if the applicant were a service provider; and

                     (c)  a statement, prepared by referring to the list of services in the Manual of Standards, showing each kind of telecommunication or radionavigation service for which the application is being made; and

                     (d)  a statement of the intended location and coverage of each service.

             (3)  If an application is made to provide a telecommunication or radionavigation service that would not comply with 1 or more of the standards set out in:

                     (a)  Annexes 10, 11 and 14 to the Chicago Convention; and

                     (b)  the Manual of Standards;

the application must also describe the reasons for, and consequences of, the non‑compliance.

Note:          An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

171.022  Joint applications not permitted

             (1)  An application purportedly made by 2 or more persons jointly is not a valid application for any purpose.

             (2)  An application purportedly made by a partnership is not a valid application for any purpose.

171.025  If applicant is a corporation

             (1)  For regulation 171.020, if the applicant is a corporation, the application must include:

                     (a)  the applicant’s registered address and ACN; and

                     (b)  the names and addresses of its officers.

             (2)  In paragraph (1)(b):

officer has the meaning given by section 9 of the Corporations Act 2001.

Note:          See Subpart 171.E for provisions about administration of applications.

171.026  CASA may ask for demonstration of service

                   Regulation 11.045 applies in relation to an approval as a provider of a telecommunication service or a radionavigation service.

171.027  Grant of approval

             (1)  Subject to regulation 11.055 and subregulation (2), if a person (the applicant) has applied for approval as a provider of a telecommunication service or a radionavigation service under this Part, CASA must grant the approval.

             (2)  CASA may approve the applicant only if CASA approves the applicant’s draft operations manual.

Note:          Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

171.028  When decision must be made

             (1)  If CASA does not make a decision about an application within 90 days after receiving it, CASA is taken to have refused the application.

             (2)  However, if CASA makes a request under regulation 11.035, 11.040 or 11.045, the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period.

             (3)  Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050(3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.

             (4)  Also, if CASA invites an applicant to make a written submission under subregulation 11.050(2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period.

             (5)  In this regulation:

application includes an application to vary an approval under this Division.

171.029  Conditions

             (1)  Without limiting regulations 11.056 and 11.067, CASA may impose, on an approval, a condition that restricts:

                     (a)  the kind of telecommunication or radionavigation service to be provided; or

                     (b)  the way in which a service is provided; or

                     (c)  the coverage of a service; or

                     (d)  the time during which a service is provided.

             (2)  In particular, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11(3) of the Air Services Act 1995.

Subpart 171.CObligations and privileges of service provider

  

171.030  Service by provider

             (1)  A telecommunication or radionavigation service must be provided in accordance with:

                     (a)  the approval; and

                     (b)  the service provider’s operations manual.

             (2)  Subregulation (1) does not apply to:

                     (a)  a test transmission made in accordance with regulation 171.055; or

                     (b)  a telecommunication or radionavigation service provided in an emergency.

171.035  Changes by service provider to service

             (1)  This regulation applies if a service provider wants to make a change to its telecommunication or radionavigation service (including by providing an additional service):

                     (a)  the effect of which would be that the provider’s telecommunication or radionavigation service would no longer be in accordance with the certificate issued to the provider under regulation 171.250 (as in force before 27 June 2011) or regulation 11.060; or

                     (b)  that requires prior notification to CASA because of a requirement to do so in the safety management system prepared in accordance with regulation 171.086.

             (2)  Before making the change the service provider must:

                     (a)  prepare a draft amendment of the operations manual that reflects the proposed change; and

                     (b)  send a copy of the draft amendment to CASA.

          (2A)  A service provider that complies with subregulation (2) in relation to making a change is taken to have applied for the approval of the proposed change under Subpart 171.E.

             (3)  If CASA approves the draft amendment of the manual, the provider may:

                     (a)  incorporate the amendment into the manual; and

                     (b)  after approval of the change comes into effect in accordance with regulation 11.065, make the change.

171.040  Changes by service provider to operations manual

                   A provider may change its operations manual without changing its service if it sends CASA a copy of the amendment to the manual.

171.050  Technicians

             (1)  A service provider must ensure that each technician is competent and holds the qualifications specified in the Manual of Standards for a technician of that kind.

             (2)  In particular, the provider must ensure that each technician has been:

                     (a)  appropriately trained; and

                     (b)  assessed as competent by a person who is qualified in accordance with the standard set out in the Manual of Standards.

             (3)  A service provider must give each technician a certificate that:

                     (a)  names the technician; and

                     (b)  describes the operation and maintenance functions that the technician may perform; and

                     (c)  describes the kinds of facility or facilities for which the technician is authorised to perform those functions; and

                     (d)  states the period during which the certificate is effective.

171.055  Test transmissions

                   A service provider may make a test transmission if:

                     (a)  the transmission is necessary to test a service, facility or equipment; and

                     (b)  the provider takes any one or more of the following precautions:

                              (i)  a reasonable time before commencing the transmission, the provider tells AIS about the transmission;

                             (ii)  at the commencement of the transmission, the service provider identifies the transmission as a test transmission;

                            (iii)  the transmission contains information identifying it as a test transmission.

171.065  Interruption to service

             (1)  This regulation applies if a telecommunication or radionavigation service is interrupted or if the service provider knows that the service is to be interrupted.

             (2)  If the service is published in an AIP the service provider must tell AIS about the interruption.

             (3)  If it is practicable to do so the service provider must tell users of the service about the interruption.

171.070  Test equipment

                   A service provider’s facility or facilities must be tested and maintained using test equipment that is maintained and calibrated in accordance with the standards in the Manual of Standards.

171.075  Documents to be maintained

             (1)  The following documents must be maintained by a service provider:

                     (a)  the operations manual;

                     (b)  any technical manual used by the service provider at the facility;

                     (c)  any documents of a kind listed in the Manual of Standards that relate to the provider’s service.

             (2)  For subregulation (1), a document is maintained, if it:

                     (a)  includes all amendments (other than draft amendments prepared for regulation 171.035); and

                     (b)  bears the date of:

                              (i)  the creation of the document; or

                             (ii)  for a revised document—the most recent revision of the document; and

                     (c)  is available to the personnel who must refer to the document; and

                     (d)  identifies the person who authorised the creation and any revision of the document.

             (3)  For paragraph (1)(b), a technical manual means a document, other than the operations manual, that contains technical information about the operation and maintenance of a facility.

Example

An equipment manufacturer’s instruction book.

             (4)  A service provider must ensure that:

                     (a)  a master copy of each document mentioned in this regulation is kept safely; and

                     (b)  copies of documents are kept in a form that enables amendments to be made; and

                     (c)  any document that has been replaced can not be used by mistake.

171.080  Records

             (1)  A service provider must retain each document that:

                     (a)  is given to or is created by or for the service provider; and

                     (b)  could relate to aviation safety; and

                     (c)  helps provide a history of events that relate to the design, installation, testing, operation, maintenance, modification or repair of, or changes to, each facility.

             (2)  A document for subregulation (1) includes any record of a kind mentioned in the Manual of Standards that is given to, or created by or for, the provider.

Examples

Records of the operational performance of a service, changes to the configuration of a facility, records showing software upgrades, or records of commissioning procedures.

             (3)  A document retained for this regulation must be:

                     (a)  stored so it can be retrieved if needed for an aviation safety investigation; and

                     (b)  retained for at least 5 years.

171.085  Security program

             (1)  A service provider must have, and put into effect, the security program set out in the operations manual.

             (2)  The security program must be in accordance with the standards set out in the Manual of Standards.

171.086  Safety management system

             (1)  A service provider must have, and put into effect, a safety management system that includes the policies, procedures, and practices necessary to safely provide the telecommunication and radionavigation services permitted under its approval.

             (2)  The safety management system must be in accordance with the standards set out in the Manual of Standards.

             (3)  The service provider must keep its safety management system under review and must take such corrective action as is necessary to ensure that it operates properly.

Subpart 171.DContents of operations manual

  

171.090  Operations manual to contain or refer to information

             (1)  An operations manual must contain the information mentioned in this Subpart that applies to each telecommunication or radionavigation service and kind of facility of the service provider.

             (2)  A requirement under this Subpart to include particular information in an operations manual may be satisfied by referring, in the manual, to that information in another document held by the service provider.

Example

An equipment manufacturer’s technical manual.

171.095  Organisation and management of service provider

                   An operations manual must include an organisation chart of the service provider that shows:

                     (a)  the names, relevant qualifications, relevant experience and positions of the key personnel; and

                     (b)  the number of technicians who will provide each service; and

                     (c)  whether the people mentioned in paragraphs (a) and (b) are employees.

171.100  Way in which standards are met

             (1)  An operations manual must:

                     (a)  contain each standard that relates to the design, installation, testing, operation or maintenance of the service provider’s services and facilities; and

                     (b)  explain how each standard is met.

             (2)  For subregulation (1):

standards means any of the following standards that apply to the service or facility:

                     (a)  an ICAO standard;

                     (b)  a standard set out in Annex 10 to the Chicago Convention;

                     (c)  a standard in the Manual of Standards;

                     (d)  any other standard included in the operations manual.

171.105  Functional specification and performance values of services

             (1)  An operations manual must include:

                     (a)  the functional specification of each of the service provider’s telecommunication or radionavigation services; and

                     (b)  the values or characteristics for each of the following that apply to the service:

                              (i)  availability;

                             (ii)  reliability;

                            (iii)  accuracy;

                            (iv)  integrity.

             (2)  The values mentioned in paragraph (1)(b) must be derived or measured from either or both of:

                     (a)  the configuration of each service; and

                     (b)  the known performance of each service.

             (3)  An operations manual must also describe the method used to calculate each of the values.

             (4)  For a radionavigation service, the integrity values or characteristics must be given for each kind of navigation aid facility that forms part of the service.

171.110  Technical description

                   An operations manual must describe, for each telecommunication or radionavigation service provided:

                     (a)  the kind and location of each facility; and

                     (b)  the technical specification of each kind of facility; and

                     (c)  how each facility interconnects with any other facility or service; and

                     (d)  the way in which the service provider monitors each facility to ensure that it is operating in accordance with its technical specification.

171.115  Safe operation

             (1)  An operations manual must describe the following:

                     (a)  the procedure that records the way in which each telecommunication or radionavigation service and each related facility is configured at any time;

                     (b)  the procedure used to design each facility and each item of equipment so that it provides a safe service;

                     (c)  the procedure that ensures that the design of, or changes to, a service or facility are authorised by a person who is qualified and competent to do so;

                     (d)  the method to be used to specify any changes to a service or facility, and to design, test and implement those changes;

                     (e)  the procedure to be used to commission a new service or facility;

                      (f)  the system to be used to maintain a record of the operational performance of a service;

                     (g)  the procedure to be used to monitor the performance of each service and facility, and to compare the results with the appropriate technical specification;

                     (h)  the procedure to be used if a service fails or a facility fault occurs, including the way in which the failure or fault is to be reported and rectified;

                      (i)  the procedure to be used to report and rectify any defects found during operation and maintenance of the facility;

                      (j)  the procedure to be used to:

                              (i)  detect and correct any latent defects in equipment; and

                             (ii)  change software to adapt to any changes to the configuration of hardware; and

                            (iii)  change the design of equipment or facilities to adapt to any change to the functional or technical specification.

             (2)  For subparagraph (1)(j)(ii), software includes any form of data or instructions for an electronic device.

171.120  Facility operation and maintenance plan

             (1)  For this regulation:

flight inspection means a test of the accuracy, coverage or any other aspect of the performance of a service or facility conducted by using test equipment on board an aircraft in flight.

             (2)  An operations manual must contain, for each kind of facility, an operation and maintenance plan that includes the following:

                     (a)  the procedures used for maintenance, including the procedures used for repair;

                     (b)  a description of the system used to schedule maintenance;

                     (c)  the interval between performance inspections and the method used to determine the interval;

                     (d)  a copy of the operating and maintenance instructions for the facility;

                     (e)  an analysis of the workload of technicians and key personnel that takes into account the numbers of these people and their qualifications;

                      (f)  if 1 or more flight inspections are necessary:

                              (i)  the standards and procedures used for flight inspections; and

                             (ii)  the interval between flight inspections; and

                            (iii)  the identity of the person or persons who will conduct flight inspections.

171.125  Safety management system

                   An operations manual must include information about the safety management system set out in regulation 171.086.

171.140  Test equipment

                   An operations manual must describe the procedures to maintain and calibrate test equipment.

171.145  Interruption to service

             (1)  An operations manual must:

                     (a)  describe the procedure to be used if a telecommunication or radionavigation service is interrupted; and

                     (b)  specify an acceptable recovery time for each service; and

                     (c)  describe the procedure to be used if the acceptable recovery time of a service is exceeded; and

                     (d)  if there is a method to provide an alternative service if a service is interrupted—describe the method.

             (2)  Paragraph (1)(d) does not apply if, under an ATS agreement, an ATS provider is to arrange the alternative service.

171.150  Document control

                   An operations manual must describe the system by which documents mentioned in regulation 171.080 are stored and retrieved.

171.155  Security program

                   An operations manual must describe the security program mentioned in regulation 171.085.

171.160  Changes to procedures

                   An operations manual must describe the method by which changes are made to the operation and maintenance procedures.

Subpart 171.ESuspension and cancellation of approvals, and directions to vary manuals

  

171.220  Suspension and cancellation of approvals

             (1)  CASA may state, in a show cause notice, that an approval is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.

Note:          Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

             (2)  If a show cause notice states that the approval is suspended:

                     (a)  if the approval is already suspended when the show cause notice is given to the holder—the approval continues to be suspended until CASA revokes the suspension, or the suspension lapses under subregulation (4); or

                     (b)  the approval is suspended from when the notice is given to the holder.

             (3)  CASA may revoke the suspension at any time.

             (4)  If CASA has not cancelled the approval within 3 months after the day the show cause notice is given to the service provider, the suspension lapses at the end of that period.

171.225  Notice to approval holder to show cause

             (1)  CASA may give an approval holder a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the approval.

             (2)  A show cause notice must:

                     (a)  tell the approval holder of the facts and circumstances that justify the cancellation of the approval; and

                     (b)  invite the holder to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.

             (3)  For paragraph (2)(b), the period must not be less than 7 days.

171.230  Grounds for cancellation of approval

                   It is grounds for the cancellation of an approval if the holder:

                     (a)  has breached a condition of the approval; or

                     (b)  has contravened the Act or these Regulations; or

                     (c)  has otherwise been guilty of conduct that renders the holder’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.

Note:          Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

171.235  Cancellation of approval after show cause notice

             (1)  CASA may cancel an approval only if:

                     (a)  there exist facts or circumstances that amount to grounds for the cancellation of the approval; and

                     (b)  CASA has given the holder a show cause notice in relation to the grounds for the proposed cancellation; and

                     (c)  CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the holder; and

                     (d)  not cancelling the approval would be likely to have an adverse effect on the safety of air navigation.

             (2)  Subregulation (1) does not apply in relation to an approval in circumstances in which CASA must cancel the approval.

             (3)  If CASA has given a show cause notice to an approval holder, and it decides not to cancel the approval, it:

                     (a)  must tell the holder in writing of the decision; and

                     (b)  must, if the approval is suspended, revoke the suspension.

171.237  Cancellation if cooperation or arrangement ceases

             (1)  CASA must cancel the approval of a person mentioned in subparagraph 171.020(1)(c)(i) if the cooperation mentioned in that subparagraph ceases.

             (2)  CASA must cancel the approval of a person mentioned in subparagraph 171.020(1)(c)(ii) if the arrangement mentioned in that subparagraph ceases.

171.245  CASA’s power to direct variation of manual

             (1)  If necessary in the interests of the safety of air navigation, CASA may direct a service provider in writing to vary its operations manual, within a reasonable period specified in the direction, in a way specified in the direction.

             (2)  CASA may extend the period by written notice, before or after the end of the period mentioned in subregulation (1).

             (3)  If the service provider does not comply with the direction within the period (including any extension of it), the manual is taken to cease to be approved at the end of the period.

             (4)  After complying with the direction, the holder must give CASA a copy of the manual as so varied.


Part 172Air Traffic Service Providers

  

Table of Contents

Subpart 172.AGeneral

172.005     Applicability of this Part

172.010     Definitions for this Part

172.015     What is an ATS provider

172.020     Providing air traffic service without approval

172.022     Issue of Manual of Standards

Subpart 172.BApproval as an ATS provider

172.024     Applicant for approval as ATS provider

172.030     When applicant is eligible for approval

172.055     Variation of approvals

Subpart 172.CRequirements to be complied with by ATS providers

Division 172.C.1—Operations manual

172.060     Operations manual

Division 172.C.2—Air traffic service

172.065     Standards for air traffic service

172.070     Aeronautical telecommunications procedures

172.075     ICAO Doc. 4444 and ICAO Doc. 7030

172.080     Compliance with provider’s operations manual

172.085     Priority of standards

172.090     Priority of inconsistent procedures

Division 172.C.3—Standards for facilities and equipment

172.095     Facilities and equipment

Division 172.C.4—Organisation and personnel

172.100     Definition for this Division

172.105     Organisation

172.110     Personnel

172.115     Supervisory personnel

172.120     Qualifications for certain personnel

Division 172.C.5—Arrangements to maintain service

172.125     Agreements with service providers

172.130     Agreements with aerodrome operators

172.135     Arrangements for transfer of information

Division 172.C.6—Management

172.140     Training and checking program

172.145     Safety management system

172.150     Contingency plan

172.155     Security program

Division 172.C.7—Reference materials, documents, records and log books

172.160     Reference materials

172.165     Documents and records

172.170     Document and record control system

172.175     Logbooks

Division 172.C.8—Notice of air traffic service

172.180     Availability of air traffic service

Subpart 172.DTelling CASA about changes

172.185     Advice on organisational changes

172.190     Discontinuing air traffic service

Subpart 172.EMiscellaneous

172.195     ATS provider must not provide unauthorised air traffic service

Subpart 172.FAdministration

Division 172.F.1—Preliminary

172.200     Applicability of this Subpart

172.202     Applying for approval

Division 172.F.2—Approvals

172.205     Joint applications not permitted

172.215     Applications by corporations etc—what must be included

172.230     CASA may require demonstrations of procedures or equipment

172.260     When CASA must approve an applicant

172.265     When decision must be made

172.270     Conditions

Division 172.F.4—Directions to amend provider’s operations manual

172.300     CASA may direct amendments to provider’s operations manual

Division 172.F.5Suspension and cancellation of approvals

172.305     Definition for this Division

172.310     Suspension of approval by show cause notice

172.315     Grounds for cancellation of approval

172.320     Notice to show cause

172.325     Cancellation of approval after show cause notice

172.327     Cancellation if cooperation or arrangement ceases


Subpart 172.AGeneral

  

172.005  Applicability of this Part

             (1)  This Part:

                     (a)  applies to a person that wants to become, or is, an ATS provider; and

                     (b)  sets out certain administrative rules applying to CASA in its administration of this Part.

             (2)  However, this Part does not apply to:

                     (a)  a person who is providing an air traffic service in the course of his or her duties for the Defence Force; or

                     (b)  any air traffic service provided by the Defence Force.

172.010  Definitions for this Part

                   In this Part:

airspace authority means:

                     (a)  the body having the responsibility for making determinations under regulation 5, declarations under regulation 6 and designations under regulation 8 of the Airspace Regulations 2007; or

                     (b)  if another body is given that responsibility under other regulations having the same or similar effect—that body.

air traffic service means an air traffic service of a kind mentioned in Annex 11, other than a certified air/ground radio service at an aerodrome.

Annex 10 means Annex 10 to the Chicago Convention.

Annex 11 means Annex 11 to the Chicago Convention.

certified air/ground radio service, or CA/GRS, in relation to an aerodrome, means an air/ground radio service for the aerodrome certified in accordance with regulation 139.410.

ICAO Doc. 4444 means Doc. 4444‑RAC/501 (Procedures for Air Navigation Services – Rules of the Air and Air Traffic Services) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.

ICAO Doc. 7030 means Doc. 7030 (Regional Supplementary Procedures) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.

Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 172’ issued by CASA under regulation 172.022, as in force from time to time.

provider’s operations manual, in relation to an ATS provider, means the manual maintained by the provider under regulation 172.060.

172.015  What is an ATS provider

                   An ATS provider is a person approved, under Subpart 172.F, to provide the air traffic services that are covered by the approval.

172.020  Providing air traffic service without approval

             (1)  A person that is not an ATS provider must not provide an air traffic service.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

172.022  Issue of Manual of Standards

             (1)  CASA may issue a Manual of Standards for this Part that provides for the following matters:

                     (a)  standards, including procedures, systems and documents used to provide an air traffic service;

                     (b)  standards for facilities and equipment used to provide an air traffic service;

                     (c)  standards for the training and checking of an ATS provider’s personnel;

                     (d)  any matter required or permitted by these Regulations to be provided for by the Manual of Standards;

                     (e)  any matter necessary or convenient to be provided for the effective operation of this Part.

Note:          A Manual of Standards is a legislative instrument—see subsections 98(5A) and (5B) of the Act and subparagraph 6(d)(i) of the Legislative Instruments Act 2003. It must be registered in accordance with the latter Act and must be tabled in both Houses of the Parliament within 6 sitting days after its making.

             (2)  CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275(3) or regulation 11.280) to each ATS provider.

Note:          Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.

Subpart 172.BApproval as an ATS provider

  

172.024  Applicant for approval as ATS provider

                   A person is eligible to apply for approval as an ATS provider if the person is any of the following:

                     (a)  the Commonwealth;

                     (b)  AA;

                     (c)  a person who is to provide an air traffic service:

                              (i)  in cooperation with AA, in accordance with paragraph 11(3)(b) of the Air Services Act 1995; or

                             (ii)  by arrangement with AA, in accordance with paragraph 11(3)(c) of the Air Services Act 1995.

172.030  When applicant is eligible for approval

                   For Subpart 172.F, an applicant is eligible to become an ATS provider if the applicant is able to comply with the requirements of Subparts 172.C and 172.D or will be able to do so if the applicant is approved.

172.055  Variation of approvals

             (1)  If an ATS provider wants to vary its approval, it must apply to CASA, under Subpart 172.F, for that purpose.

             (2)  The application must contain, or have with it, a copy of the proposed variation.

Subpart 172.CRequirements to be complied with by ATS providers

Division 172.C.1Operations manual

172.060  Operations manual

             (1)  An ATS provider must, at all times, maintain an operations manual that complies with the standards set out in the Manual of Standards.

.            (2)  The provider:

                     (a)  must keep the manual in a readily accessible form; and

                     (b)  must ensure that each member of its personnel who performs functions in connection with any air traffic service that it provides has ready access to the manual.

             (3)  The provider must amend the manual whenever it is necessary to do so to keep it in an up to date form.

             (4)  If the provider is given a direction, under regulation 172.300, to amend the manual, the provider must comply with the direction.

             (5)  The provider must ensure:

                     (a)  that all the amendments are incorporated in all copies of the manual kept by the operator; and

                     (b)  that copies of the amendments are given to CASA.

Division 172.C.2Air traffic service

172.065  Standards for air traffic service

             (1)  An ATS provider must ensure that any air traffic service that it provides is provided in accordance with:

                     (a)  the standards set out in the Manual of Standards; and

                     (b)  the standards set out or referred to in Annex 11, as varied by Gen 1.7 of Part 1 of the AIP.

             (2)  However, the provider may deviate from the standards if an emergency, or other circumstance, arises that makes the deviation necessary in the interests of aviation safety.

             (3)  As soon as practicable, the provider must tell CASA of the deviation and how long it is likely to last.

172.070  Aeronautical telecommunications procedures

                   An ATS provider must ensure that any air traffic service that it provides is provided in accordance with:

                     (a)  the radiotelephony procedures set out in Parts 1 and 2 of the AIP; and

                     (b)  the procedures for aeronautical telecommunications set out in Volume II of Annex 10, as varied by Gen 1.7 of Part 1 of the AIP.

172.075  ICAO Doc. 4444 and ICAO Doc. 7030

             (1)  An ATS provider must ensure that any air traffic service that it provides is provided in accordance with the procedures and rules set out in ICAO Doc. 4444, as varied by Gen 1.7 of Part 1 of the AIP.

             (2)  If a regional supplementary procedure set out in ICAO Doc. 7030 relates to an air traffic service that the provider provides, the provider must also ensure that the service is provided in accordance with that procedure.

             (3)  However, the provider may deviate from a procedure or rule mentioned subregulation (1), or a regional supplementary procedure mentioned in subregulation (2), if an emergency, or other circumstance, arises that makes the deviation necessary in the interests of aviation safety.

             (4)  As soon as practicable, the provider must tell CASA of the deviation and how long it is likely to last.

172.080  Compliance with provider’s operations manual

                   An ATS provider must ensure that any air traffic service that it provides is provided in accordance with its provider’s operations manual.

172.085  Priority of standards

                   If, apart from this regulation, an ATS provider would be required by this Division to ensure that any air traffic service that it provides is provided in accordance with a standard in the Manual of Standards and a standard in Annex 11, as varied by Gen 1.7 of Part 1 of the AIP, and it is not possible to comply with both standards, the provider is only required to ensure that the service is provided in accordance with the standard in the Manual.

172.090  Priority of inconsistent procedures

             (1)  In this regulation:

procedure includes rules.

             (2)  If, apart from this regulation, an ATS provider would be required by this Division to ensure that any air traffic service that it provides is provided in accordance with 2 or more procedures that are inconsistent, the provider is only required to ensure that the service is provided in accordance with whichever of the procedures has the highest priority.

             (3)  For this regulation, 2 or more procedures are inconsistent if:

                     (a)  it is not possible to comply with both or all of the procedures; or

                     (b)  they require the same, or substantially similar, action to be taken at different times or in a different way.

             (4)  The order of priority of a procedure is as follows (starting with those of highest priority):

                     (a)  procedures in Parts 1 and 2 of the AIP;

                     (b)  procedures for aeronautical telecommunications in Volume II of Annex 10, as varied by Gen 1.7 of Part 1 of the AIP;

                     (c)  procedures in ICAO Doc. 7030;

                     (d)  procedures in ICAO Doc. 4444, as varied by Gen 1.7 of Part 1 of the AIP;

                     (e)  any procedures in the provider’s operations manual.

Division 172.C.3Standards for facilities and equipment

172.095  Facilities and equipment

             (1)  An ATS provider must, at all times, make available for use by its personnel the equipment and facilities necessary for providing, in accordance with the standards set out in the Manual of Standards, the air traffic services covered by its approval.

             (2)  The equipment must include equipment of the kinds specified in the Manual of Standards.

             (3)  Any equipment and facilities mentioned in chapter 6 of Annex 11 that the provider uses in providing an air traffic service must comply with the standards of that chapter. 

             (4)  If the provider uses a control tower in providing an air traffic service, the provider must ensure the control tower is designed, sited, constructed, equipped and maintained in accordance with the standards set out in the Manual of Standards.

Division 172.C.4Organisation and personnel

172.100  Definition for this Division

                   In this Division:

trained, in relation to a member of an ATS provider’s personnel, means trained in accordance with any relevant requirements set out in the provider’s training and checking program mentioned in regulation 172.140.

172.105  Organisation

                   An ATS provider must, at all times, maintain an appropriate organisation with a sound and effective management structure to enable it to provide, in accordance with the standards set out in the Manual of Standards and the standards set out or referred to in Annex 11, the air traffic services covered by its approval. 

172.110  Personnel

                   An ATS provider must have, at all times, enough suitably qualified and trained personnel to enable it to provide, in accordance with the standards set out in the Manual of Standards and the standards set out or referred to in Annex 11, the air traffic services covered by its approval.

172.115  Supervisory personnel

                   An ATS provider must have, at all times, enough suitably qualified and trained personnel who are able to supervise the provision of any air traffic service that it provides.

172.120  Qualifications for certain personnel

             (1)  An ATS provider must not give to a person responsibility for an air traffic control function to be performed in connection with any air traffic service that it provides unless:

                     (a)  CASA has authorised the person to perform the function under regulation 65.035; or

                     (b)  the person holds an ATC licence with a rating for the function and an endorsement for the controlled aerodrome for which, or the airspace in relation to which, the person performs the function; or

                     (c)  the person performs the function under the supervision of another person who holds an ATC licence with a rating for the function and an endorsement for the controlled aerodrome for which, or the airspace in relation to which, the person performs the function.

             (2)  The provider must not give to a person responsibility for a flight service function to be performed in connection with any air traffic service that it provides unless:

                     (a)  CASA has authorised the person to perform the function under regulation 65.050; or

                     (b)  the person holds a flight service licence with a rating for the function and an endorsement for the aerodrome for which, or the airspace in relation to which, the person performs the function; or

                     (c)  the person performs the function under the supervision of another person who holds a flight service licence with a rating for the function and an endorsement for the aerodrome for which, or the airspace in relation to which, the person performs the function.

             (3)  The provider must not give to a person responsibility for an air traffic control function to be performed in connection with any air traffic service that it provides if the person is subject to a direction under regulation 65.255.

             (4)  The provider must not give to a person responsibility for a flight service function to be performed in connection with any air traffic service that it provides if the person is subject to a direction under regulation 65.255.

Division 172.C.5Arrangements to maintain service

172.125  Agreements with service providers

             (1)  In this regulation:

service provider means a person:

                     (a)  that is approved, under Part 171, to provide a telecommunication service, radionavigation service, or both; and

                     (b)  whose approval is in force.

             (2)  An ATS provider (other than an ATS provider that is also a service provider) must have an agreement with a service provider for any telecommunication service or radionavigation service that the service provider provides to the ATS provider.

             (3)  An agreement, under subregulation (2), must be in accordance with the standards set out in the Manual of Standards.

172.130  Agreements with aerodrome operators

             (1)  In this regulation:

vehicle includes boat.

             (2)  If an ATS provider (other than an ATS provider that is also an aerodrome operator) provides an air traffic service for a controlled aerodrome, the provider must have an agreement with the aerodrome operator covering the arrangements for controlling aircraft, vehicles and people on the manoeuvring area of the aerodrome.

             (3)  An agreement, under subregulation (2), must be in accordance with the standards set out in the Manual of Standards.

172.135  Arrangements for transfer of information

             (1)  An ATS provider must have, at all times, adequate arrangements to ensure that it gets, and will continue to get, the services and information necessary to provide the air traffic services covered by its approval.

             (2)  The provider must have, at all times, adequate arrangements to ensure that it is able, and will continue to be able, to provide information in connection with any of those air traffic services to another person whose duties or functions reasonably require that information.

Division 172.C.6Management

172.140  Training and checking program

                   An ATS provider must, at all times, provide a training and checking program, in accordance with the Manual of Standards, to ensure that each member of its personnel who performs functions in connection with any air traffic service that it provides is competent to perform those functions. 

172.145  Safety management system

             (1)  An ATS provider must have, and put into effect, a safety management system that includes the policies, procedures, and practices necessary to provide the air traffic services covered by its approval safely.

             (2)  The safety management system must be in accordance with the standards set out in the Manual of Standards.

             (3)  The provider must keep under review its safety management system and take such corrective action as is necessary to ensure that it operates properly.

172.150  Contingency plan

             (1)  An ATS provider must have a contingency plan, in accordance with the standards set out in the Manual of Standards, of the procedures to be followed if, for any reason, an air traffic service being provided by it is interrupted.

             (2)  The plan must include:

                     (a)  the actions to be taken by the members of the provider’s personnel responsible for providing the service; and

                     (b)  possible alternative arrangements for providing the service; and

                     (c)  the arrangements for resuming normal operations for the service.

172.155  Security program

             (1)  An ATS provider must have, and put into effect, a security program that sets out the procedures designed to protect its personnel, and any facility and equipment that it uses, in providing any of its air traffic services.

             (2)  The security program must be in accordance with the standards set out in the Manual of Standards.

Division 172.C.7Reference materials, documents, records and log books

172.160  Reference materials

             (1)  An ATS provider must maintain the following reference materials:

                     (a)  copies of the Act and these Regulations;

                     (b)  copies of Annex 11 and Volume II of Annex 10;

                     (c)  a copy of ICAO Doc. 4444;

                     (d)  if a regional supplementary procedure set out in ICAO Doc. 7030 relates to an air traffic service that the provider provides—a copy of ICAO Doc. 7030;

                     (e)  a copy of the parts of the AIP that are relevant to any air traffic services that it provides;

                      (f)  the Manual of Standards;

                     (g)  all manuals and documents specified in the Manual of Standards;

                     (h)  a copy of any instruction issued by it to its personnel in relation to the provision of its air traffic services.

             (2)  The provider must keep the reference materials up to date and in a readily accessible form.

             (3)  The provider’s personnel who perform functions in connection with any air traffic service that the provider provides must have ready access to the reference materials.

172.165  Documents and records

             (1)  An ATS provider must keep documents and records of the kinds specified in the Manual of Standards.

             (2)  A document or record must be retained for as long as the Manual specifies for the particular kind of document or record.

             (3)  The provider must, at CASA’s request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA.

172.170  Document and record control system

             (1)  An ATS provider must establish, and put into effect, a system for controlling documents and records relating to the air traffic services that it provides, including the policies and procedures for making, amending, preserving and disposing those documents and records.

             (2)  The system must be in accordance with the standards set out in the Manual of Standards.

             (3)  The documents and records must include the documents and records required to be kept under regulation 172.165.

172.175  Logbooks

             (1)  An ATS provider must keep, for each air traffic service that it provides from a particular location, a logbook in accordance with the standards set out in the Manual of Standards.

             (2)  The provider must ensure that information of the kinds mentioned in the Manual is recorded in each logbook.

             (3)  The provider must, at CASA’s request, make each logbook, or a copy of it or an extract from it, available for inspection by CASA.

Division 172.C.8Notice of air traffic service

172.180  Availability of air traffic service

             (1)  An ATS provider must give to the AIS details of each air traffic service that it provides in particular airspace, or for a particular aerodrome, including the hours during which the service is available.

             (2)  An ATS provider must tell the AIS about changes, interruptions or the unavailability of any of its air traffic services, if it is practicable to do so.

Subpart 172.DTelling CASA about changes

  

172.185  Advice on organisational changes

                   An ATS provider must tell CASA, in writing, of a change of circumstances that materially affects its capacity to provide any of its air traffic services within 7 days after the change occurs.

172.190  Discontinuing air traffic service

             (1)  An ATS provider must not discontinue an air traffic service that it provides, unless it has given CASA at least 7 days written notice that the service is to be discontinued.

             (2)  Subregulation (1) does not apply if, having regard to the provider’s circumstances:

                     (a)  it was not reasonably practicable for the provider to give to CASA at least 7 days notice; and

                     (b)  the provider gives the notice as soon as reasonably practicable before, on or after the day when the service is discontinued.

Subpart 172.EMiscellaneous

  

172.195  ATS provider must not provide unauthorised air traffic service

                   An ATS provider must not provide an air traffic service unless its approval:

                     (a)  is in force; and

                     (b)  covers that service.

Subpart 172.FAdministration

Note:          In addition to the provisions of this Subpart, Part 11 contains provisions relating to an application for approval as an ATS provider.

Division 172.F.1Preliminary

172.200  Applicability of this Subpart

                   This Subpart:

                     (a)  sets out certain administrative rules applying to CASA in its administration of this Part; and

                     (b)  includes certain generic provisions applying to anyone who wants to become, or is, an ATS provider.

Division 172.F.2Approvals

172.202  Applying for approval

                   Subject to regulation 172.205, a person may apply to CASA, in writing, for approval as an ATS provider.

Note:          An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

172.205  Joint applications not permitted

             (1)  An application purportedly made by 2 or more persons jointly is not a valid application for any purpose.

             (2)  An application purportedly made by a partnership is not a valid application for any purpose.

172.215  Applications by corporations etc—what must be included

             (1)  An application from a person other than an individual must set out:

                     (a)  the applicant’s registered address and ACN; and

                     (b)  the names and addresses of its officers.

             (2)  In paragraph (1)(b):

officer has the meaning given by section 9 of the Corporations Act 2001.

172.230  CASA may require demonstrations of procedures or equipment

                   Regulation 11.045 applies in relation to an approval as an ATS provider.

172.260  When CASA must approve an applicant

             (1)  Subject to regulation 11.055 and subregulation (2), if an applicant has applied for approval as an ATS provider under this Part, CASA must grant the approval.

             (2)  CASA must refuse an application for an approval for an air traffic service to be provided in particular airspace, or for a particular aerodrome, if anyone else who is an ATS provider already provides that service in that airspace or for that aerodrome.

Note:          Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

172.265  When decision must be made

             (1)  If CASA does not make a decision about an application within the period mentioned in subregulation (2) after receiving it, CASA is taken to have refused the application.

             (2)  The period is 6 months.

             (3)  However, if CASA makes a request under regulation 11.035, 11.040 or 11.045, the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period.

             (4)  Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050 (3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.

             (5)  Also, if CASA invites an applicant to make a written submission under subregulation 11.050 (2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period.

             (6)  In this regulation:

application includes an application to vary an approval under this Division.

172.270  Conditions

                   Without limiting regulations 11.056 and 11.067, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11 (3) of the Air Services Act 1995.

Division 172.F.4Directions to amend provider’s operations manual

172.300  CASA may direct amendments to provider’s operations manual

             (1)  If necessary in the interests of the safety of air navigation, CASA may direct an ATS provider, in writing, within a reasonable period specified in the direction, to amend its provider’s operations manual in a way specified in the direction.

             (2)  CASA may extend the period by written notice, before or after the end of the period referred to in subregulation (1).

Division 172.F.5Suspension and cancellation of approvals

172.305  Definition for this Division

                   In this Division:

show cause notice means a notice under regulation 172.320.

172.310  Suspension of approval by show cause notice

             (1)  CASA may state, in a show cause notice, that an ATS provider’s approval is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.

Note:          Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

             (2)  If a show cause notice states that the approval is suspended, the approval is suspended from when the notice is given to the provider.

             (3)  CASA may revoke the suspension at any time.

             (4)  If CASA has not cancelled the approval under regulation 172.325, within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period.

172.315  Grounds for cancellation of approval

                   It is grounds for the cancellation of an ATS provider’s approval if the provider:

                     (a)  has breached a condition of the approval; or

                     (b)  has contravened the Act or these Regulations; or

                     (c)  does not meet, or continue to meet, a requirement of this Part for getting the approval; or

                     (d)  has otherwise been guilty of conduct that renders the provider’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.

Note:          Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

172.320  Notice to show cause

             (1)  CASA may give an ATS provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the provider’s approval.

             (2)  A show cause notice must:

                     (a)  tell the provider of the facts and circumstances that justify the cancellation of the approval; and

                     (b)  invite the provider to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.

             (3)  For paragraph (2)(b), the period must not be less than 7 days.

172.325  Cancellation of approval after show cause notice

             (1)  CASA may cancel an ATS provider’s approval only if:

                     (a)  there exist facts or circumstances that amount to grounds for the cancellation of the approval; and

                     (b)  CASA has given the provider a show cause notice in relation to the grounds for the proposed cancellation; and

                     (c)  CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the provider; and

                     (d)  not cancelling the approval would be likely to have an adverse effect on the safety of air navigation.

             (2)  If CASA has given a show cause notice to an ATS provider, and it decides not to cancel the provider’s approval, it:

                     (a)  must tell the provider, in writing, of the decision; and

                     (b)  must, if the approval is suspended, revoke the suspension.

172.327  Cancellation if cooperation or arrangement ceases

             (1)  CASA must cancel the approval of a person mentioned in subparagraph 172.024(c)(i) if the cooperation mentioned in that subparagraph ceases.

             (2)  CASA must cancel the approval of a person mentioned in subparagraph 172.024(c)(ii) if the arrangement mentioned in that subparagraph ceases.

 


Part 173Instrument flight procedure design

  

Table of Contents

Subpart 173.A—General

173.005     Applicability

173.010     Definitions for this Part

173.015     What is a certified designer

173.020     What is a procedure design certificate

173.025     What is an authorised designer

173.030     What is a procedure design authorisation

173.035     Design, review or amendment of terminal instrument flight procedures—requirement for procedure design certificate etc

173.040     Designing instrument flight procedures other than terminal instrument flight procedures

Subpart 173.B—Certified designers

Division 173.B.1—Certification as certified designer

173.045     Applications for procedure design certificates

173.050     Criteria for grant of procedure design certificates

173.055     Procedure design certificate

173.060     Procedure design certificates subject to conditions

173.065     How long procedure design certificates remain in force

173.070     Variation of procedure design certificates

Division 173.B.2—Requirements to be complied with by certified designers

173.075     Certified designer to maintain operations manual

173.080     Compliance with operations manual

173.085     Standards for design of terminal instrument flight procedures etc

173.090     Verification of terminal instrument flight procedures

173.095     Validation of terminal instrument flight procedures

173.100     Publication of terminal instrument flight procedures

173.105     Radio navigation aids

173.110     Maintenance of terminal instrument flight procedures

173.115     Certified designer to provide facilities etc

173.120     Certified designer to have appropriate organisation

173.125     Certified designer to have sufficient personnel

173.130     Supervisory personnel

173.135     Certified designer to appoint chief designer

173.140     Certified designer to provide training and checking program

173.145     Certified designer to have safety management system

173.150     Certified designer to maintain reference materials

173.155     Certified designer to keep documents and records

173.160     Certified designer to have document and record control system

Division 173.B.3—Chief designer

173.165     Approval for appointment of chief designer

173.170     Approval for appointment to act as chief designer

173.175     Appointment likely to have adverse effect on air safety

173.180     Chief designer’s functions and duties

173.185     Duration of approval

173.190     Withdrawal or suspension of approval of appointment

Division 173.B.4—Miscellaneous

173.195     Advice on organisational changes

173.200     Discontinuing design work on terminal instrument flight procedures of a particular type

173.205     Notifying the AIS of a variation to a procedure design certificate

173.210     Discontinuing maintenance of particular terminal instrument flight procedures

173.215     Transfer of maintenance responsibility

Subpart 173.C—Authorised designers

Division 173.C.1—Authorisation as authorised designer

173.220     Applications for procedure design authorisations

173.225     Criteria for grant of procedure design authorisations

173.240     How long procedure design authorisations remain in force

173.245     Applications to vary procedure design authorisations

Division 173.C.2—Requirements to be complied with by authorised designers

173.250     Operations manual

173.255     Compliance with operations manual

173.260     Standards for design of terminal instrument flight procedures etc

173.265     Off‑shore installations

173.270     Maintenance of terminal instrument flight procedures

173.275     Authorised designer to have sufficient personnel

173.280     Authorised designer to maintain reference materials

173.285     Authorised designer to keep documents and records

173.290     Authorised designer to have document and record control system

Division 173.C.3—Miscellaneous

173.295     Discontinuing design work on terminal instrument flight of a particular type

173.300     Discontinuing maintenance of terminal instrument flight procedures

173.305     Transfer of maintenance responsibility

Subpart 173.D—Performance of design work

173.310     Certified designer not to exceed the limitations of the designer’s procedure design certificate

173.315     Authorised designer not to exceed the limitations of authorisation

Subpart 173.E—Administration

Division 173.E.1—Grant of procedure design certificates and procedure design authorisations

173.320     Request for information

173.325     Other things CASA can ask applicant to do—interview

173.330     CASA may require demonstrations of equipment etc

173.335     Grant of procedure design certificate or procedure design authorisation

173.345     CASA may grant certificate or authorisation subject to conditions

173.350     When decision must be made

Division 173.E.3—Directions to amend certified designer’s or authorised designer’s operations manual

173.375     CASA may direct amendments to designer’s operations manual

Division 173.E.4—Suspension and cancellation of procedure design certificates and procedure design authorisations

173.380     Suspension or cancellation of procedure design certificate or procedure design authorisation by CASA

Division 173.E.5—Authorised inspectors

173.390     CASA may appoint authorised inspectors

173.395     Identity card

173.400     Powers of authorised inspector


Subpart 173.AGeneral

  

173.005  Applicability

             (1)  This Part:

                     (a)  provides for the standards that apply to the design of instrument flight procedures; and

                     (b)  applies to the following persons:

                              (i)  persons who want to become, or are, certified designers or authorised designers of terminal instrument flight procedures and certain employees of those persons;

                             (ii)  persons who design instrument flight procedures other than terminal instrument flight procedures.

             (2)  This Part also sets out certain rules that apply to CASA in administering procedure design certificates and procedure design authorisations.

             (3)  Nothing in this Part applies:

                     (a)  in relation to the design of terminal instrument flight procedures for use by an aircraft in circumstances where one or more engines of the aircraft become inoperative while it is on an IFR flight; or

                     (b)  to a person who carries on design work on such procedures.

173.010  Definitions for this Part

                   In this Part, unless the contrary intention appears:

authorised designer has the meaning given by regulation 173.025.

certified designer has the meaning given by regulation 173.015.

chief designer, for a certified designer, means a person appointed as chief designer for the certified designer under Division 173.B.3.

continental shelf means the continental shelf of Australia, within the meaning of the Seas and Submerged Lands Act 1973.

design work, in relation to a terminal instrument flight procedure, means any of the following work:

                     (a)  designing the procedure or a part of the procedure;

                     (b)  verifying, maintaining, reviewing or amending the procedure;

                     (c)  supervising a person carrying on any work mentioned in paragraph (a) or (b).

employee, of a certified designer or an authorised designer, includes a person who carries on design work on a terminal instrument flight procedure for the designer in the course of performing services for the designer.

ICAO Doc. 8168 (PANS‑OPS) means Doc.8168‑OPS/611 Volume II (Procedures for Air Navigation Services – Construction of Visual and Instrument Flight Procedures) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.

Manual of Standards means the document called ‘Manual of Standards (MOS) Part 173 – Standards Applicable to the Provision of Instrument Flight Procedure Design’, published by CASA, as in force from time to time.

Note:          The Manual of Standards is available from CASA’s website at:

www.casa.gov.au.

operations manual:

                     (a)  in relation to a certified designer, means the manual maintained by the designer under regulation 173.075; and

                     (b)  in relation to an authorised designer, means the manual maintained by the designer under regulation 173.250.

procedure design authorisation has the meaning given by regulation 173.030.

procedure design certificate has the meaning given by regulation 173.020.

type of terminal instrument flight procedure means a type of terminal instrument flight procedure mentioned in the Manual of Standards.

validate has the same meaning as in the Manual of Standards.

verify has the same meaning as in regulation 173.090.

Note:          The following terms are defined in the Dictionary:

·      AIS

·      instrument approach procedure

·      instrument departure procedure

·      instrument flight procedures

·         lowest safe altitude

·         off‑shore installation

·         specialised helicopter operation

·         terminal instrument flight procedure.

173.015  What is a certified designer

                   A certified designer is a person who is the holder of a procedure design certificate that is in force.

173.020  What is a procedure design certificate

                   A procedure design certificate is a certificate that:

                     (a)  is granted by CASA to a person under this Part; and

                     (b)  certifies that the person is authorised to carry on design work on a terminal instrument flight procedure of a type covered by the certificate subject to any conditions set out in the certificate.

173.025  What is an authorised designer

                   An authorised designer is a person who is the holder of a procedure design authorisation that is in force.

173.030  What is a procedure design authorisation

                   A procedure design authorisation is an authorisation that:

                     (a)  is granted by CASA to a person under this Part; and

                     (b)  authorises the person to carry on either of the following activities:

                              (i)  review or amend a terminal instrument flight procedure that is of a type covered by the authorisation and is for use by Australian aircraft operating under the IFR at, or in the vicinity of, an aerodrome in a foreign country;

                             (ii)  carry on design work on a terminal instrument flight procedure that is of a type covered by the authorisation and is for use by Australian aircraft operating under the IFR at, or in the vicinity of, an off‑shore installation located no closer than 30 nm from the nearest land.

173.035  Design, review or amendment of terminal instrument flight procedures—requirement for procedure design certificate etc

             (1)  A person commits an offence if:

                     (a)  the person carries on design work (other than work mentioned in subregulation (2) or (3)) on a terminal instrument flight procedure for use by Australian aircraft operating under the IFR, or by foreign aircraft operating under the IFR in Australian territory; and

                     (b)  the person is not permitted to do so under subregulation (2).

Penalty:  50 penalty units.

             (2)  For paragraph (1)(b), the following persons may carry on the work:

                     (a)  CASA;

                     (b)  a certified designer whose procedure design certificate authorises the designer to carry on design work on the procedure;

                     (c)  an employee of a certified designer mentioned in paragraph (b) who carries on the design work in the course of the employee’s duties.

             (3)  A person commits an offence if:

                     (a)  the person reviews or amends a terminal instrument flight procedure for use by Australian aircraft operating under the IFR at, or in the vicinity of, an aerodrome in a foreign country; and

                     (b)  the person is not permitted to do so under subregulation (4).

Penalty:  50 penalty units.

             (4)  For paragraph (3)(b), the following persons may review or amend the procedure:

                     (a)  CASA;

                     (b)  a certified designer whose procedure design certificate authorises the designer to carry on design work on the procedure;

                     (c)  an employee of a certified designer mentioned in paragraph (b) who reviews or amends the procedure in the course of the employee’s duties;

                     (d)  an authorised designer whose procedure design authorisation authorises the designer to review or amend the procedure;

                     (e)  an employee of an authorised designer mentioned in paragraph (d) who reviews or amends the procedure in the course of the employee’s duties.

             (5)  A person commits an offence if:

                     (a)  the person carries on design work on a terminal instrument flight procedure for use by Australian aircraft operating under the IFR at, or in the vicinity of, an off‑shore installation; and

                     (b)  the person is not permitted to do so under subregulation (6).

Penalty:  50 penalty units.

             (6)  For paragraph (5)(b), the following persons may carry on the work:

                     (a)  CASA;

                     (b)  a certified designer whose procedure design certificate authorises the designer to carry on design work on the procedure;

                     (c)  an employee of a certified designer mentioned in paragraph (b) who carries on the design work in the course of the employee’s duties;

                     (d)  an authorised designer whose procedure design authorisation authorises the designer to carry on design work on the procedure;

                     (e)  an employee of an authorised designer mentioned in paragraph (d) who carries on the design work in the course of the employee’s duties.

             (7)  An offence against subregulation (1), (3) or (5) is an offence of strict liability.

173.040  Designing instrument flight procedures other than terminal instrument flight procedures

             (1)  A person who designs an instrument flight procedure that is not a terminal instrument flight procedure must, in designing the procedure, meet any standards for the design of such a procedure set out in the Manual of Standards.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Subpart 173.BCertified designers

Division 173.B.1Certification as certified designer

Note:          In addition to the provisions of this Division, Part 11 contains provisions relating to an application for certification as a certified designer.

173.045  Applications for procedure design certificates

             (1)  A person may apply to CASA, in writing, for a procedure design certificate.

Note:          An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

             (2)  The application:

                     (b)  must state:

                              (i)  the applicant’s name and address; or

                             (ii)  if the applicant is incorporated by or under a law of the Commonwealth or of a State or Territory, the applicant’s name, registered address and ACN and the names and addresses of the people responsible for its management and control; and

                     (c)  must contain or be accompanied by:

                              (i)  a written statement specifying the type or each type of terminal instrument flight procedure proposed to be covered by the procedure design certificate; and

                             (ii)  a written statement setting out the name, qualifications and relevant experience of the individual who is proposed to be the chief designer for the applicant’s organisation; and

                            (iii)  a written statement setting out the qualifications and relevant experience of any other member of the applicant’s personnel whose duties would, if the certificate were granted to the applicant, include carrying on design work under the certificate; and

                     (d)  must be accompanied by a copy of the operations manual under which the applicant proposes to design, or engage in design work on, terminal instrument flight procedures of the type or types concerned.

Note:          Part 11 also contains provisions relating to an application for a procedure design certificate.

173.050  Criteria for grant of procedure design certificates

                   For regulation 173.335, a person who has applied for the grant of a procedure design certificate must, if the certificate is granted, be able to comply with the requirements of Division 173.B.2.

173.055  Procedure design certificate

             (1)  If CASA grants a procedure design certificate to a person under Subpart 173.E, CASA must state on the certificate:

                     (a)  the person’s name and principal place of business; and

                     (b)  the type or each type of terminal instrument flight procedure covered by the certificate; and

                     (c)  any conditions applicable to it; and

                     (d)  the date when it comes into force; and

                     (e)  any other information that CASA thinks should be included.

173.065  How long procedure design certificates remain in force

                   A procedure design certificate remains in force unless it is cancelled.

173.070  Applications to vary procedure design certificates

                   An application to vary a procedure design certificate must contain, or have with it, a copy of the proposed variation.

Division 173.B.2Requirements to be complied with by certified designers

173.075  Certified designer to maintain operations manual

             (1)  A certified designer must, at all times, maintain an operations manual that meets the standards for operations manuals set out in the Manual of Standards.

             (2)  A certified designer:

                     (a)  must keep the manual in a readily accessible form; and

                     (b)  must ensure that each employee of the designer whose duties include carrying on design work under the designer’s procedure design certificate has ready access to the manual; and

                     (c)  must amend the manual whenever it is necessary to do so to keep it in an up‑to‑date form.

             (3)  A certified designer must ensure:

                     (a)  that all amendments of the manual are incorporated in all copies of the manual kept by the certified designer; and

                     (b)  that copies of the amendments are given to CASA.

173.080  Compliance with operations manual

                   A certified designer must, in carrying on design work authorised under the designer’s procedure design certificate, comply with the designer’s operations manual.

173.085  Standards for design of terminal instrument flight procedures etc

             (1)  A certified designer designing a terminal instrument flight procedure under the certified designer’s procedure design certificate must ensure that the procedure is designed in accordance with:

                     (a)  any applicable standards set out or referred to in ICAO Doc. 8168 (PANS‑OPS); and

                     (b)  any applicable standards set out in the Manual of Standards.

             (2)  If, apart from this subregulation, a certified designer would be required to ensure that a terminal instrument flight procedure is designed in accordance with a standard set out or referred to in the ICAO Doc. 8168 (PANS‑OPS) and a standard set out in the Manual of Standards, and it is not possible to comply with both standards, the designer is only required to ensure that the procedure is designed in accordance with the Manual of Standards.

173.090  Verification of terminal instrument flight procedures

             (1)  A certified designer must establish procedures for verifying terminal instrument procedures that it is authorised to design under the designer’s procedure design certificate or on which the designer is authorised to carry on design work.

             (2)  The verification procedures:

                     (a)  must provide for 2 qualified designers to check independently the design of each terminal instrument flight procedure designed, or on which design work is carried on, under the certified designer’s procedure design certificate; and

                     (b)  must provide for one of those checks to be made by a qualified designer who did not carry on the design work concerned.

             (3)  In this regulation, a reference to verifying a terminal instrument flight procedure is a reference to the process of checking the procedure (including all data, computations and drawings for the procedure) in accordance with any applicable standards set out in the Manual of Standards.

             (4)  In this regulation:

qualified designer, in relation to a terminal instrument flight procedure, means an individual who:

                     (a)  is the holder, or an employee of the holder, of a procedure design certificate that authorises the holder to design terminal instrument flight procedures of the same type as the terminal instrument flight procedure concerned; and

                     (b)  has successfully completed:

                              (i)  an approved course of training in the methods and practices contained in ICAO Doc. 8168 (PANS‑OPS); and

                             (ii)  any training for persons carrying on design work on terminal instrument flight procedures that is specified in the operations manual under which the qualified designer performs the designer’s duties; and

                     (c)  meets the experience requirements for performing the functions of a qualified designer set out in the Manual of Standards.

173.095  Validation of terminal instrument flight procedures

             (1)  A certified designer must ensure that each terminal instrument flight procedure designed under the designer’s procedure design certificate is validated by a CASA pilot in accordance with any applicable standards set out in the Manual of Standards.

             (2)  In this regulation:

CASA pilot means a pilot:

                     (a)  who is an officer of CASA; and

                     (b)  who meets the standards set out in the Manual of Standards for carrying out a validation flight check of a terminal instrument flight procedure.

validation flight check has the same meaning as in the Manual of Standards.

173.100  Publication of terminal instrument flight procedures

             (1)  A certified designer must ensure that each terminal instrument flight procedure designed under the designer’s procedure design certificate is given to the AIS for publication in the AIP together with a certificate by the certified designer’s chief designer to the effect that the procedure is designed and validated in accordance with any applicable standards set out or referred to in ICAO Doc. 8168 (PANS‑OPS) and the Manual of Standards.

             (2)  However, the designer need not give a terminal instrument flight procedure to the AIS if the procedure is for use only by an aircraft in a specialised helicopter operation.

             (3)  A certified designer must ensure that all procedures designed under its procedure design certificate that are not given to the AIS for publication in the AIP are given to CASA.

173.105  Radio navigation aids

                   A certified designer must ensure that a terminal instrument flight procedure designed under the designer’s procedure design certificate does not require the use of a ground‑based radio‑navigation aid other than one that is operated and maintained by a person certificated to do so under Part 171.

173.110  Maintenance of terminal instrument flight procedures

             (1)  Subject to subregulation (2), a certified designer is responsible for maintaining, in accordance with the standards for the maintenance of terminal instrument flight procedures set out in the Manual of Standards, a terminal instrument flight procedure designed under the designer’s procedure design certificate or for which that responsibility is transferred to the certified designer under regulation 173.215.

             (2)  The certified designer ceases to be responsible for the maintenance of the procedure:

                     (a)  if the certified designer has notified CASA and, if the procedure is published in the AIP, the AIS, under regulation 173.210, that the designer has ceased to have that responsibility:

                              (i)  on the day when the notice is given; or

                             (ii)  if a later day is specified in the notice—on the later day; or

                     (b)  if the certified designer’s responsibility for the maintenance of the procedure is transferred to another certified designer in accordance with regulation 173.215—on the day when the responsibility is transferred; or

                     (c)  if the certified designer has notified CASA and, if the procedure is published in the AIP, the AIS, under regulation 173.200, that the designer has ceased to design the type of terminal instrument flight procedure concerned:

                              (i)  on the day when the notice is given; or

                             (ii)  if a later day is specified in the notice—on the later day; or

                     (d)  if the certified designer’s procedure design certificate is varied under Subpart 173.E to exclude that type of procedure—on the day when the variation takes effect; or

                     (e)  if the certified designer ceases to be a certified designer—on the day when the designer ceases to be a certified designer.

173.115  Certified designer to provide facilities etc

             (1)  A certified designer must provide and maintain adequate facilities for carrying on design work on terminal instrument flight procedures under the designer’s procedure design certificate, including:

                     (a)  providing premises and equipment appropriate for the certified designer’s employees to carry on the design work; and

                     (b)  ensuring that those employees have access to all necessary data for designing the procedures including:

                              (i)  accurate and current databases or charts detailing terrain and obstacle information; and

                             (ii)  accurate and current navigation aid coordinate data; and

                            (iii)  accurate and current aerodrome reference point and threshold data.

             (2)  A certified designer must, if an aeronautical database and aeronautical data is required for designing a terminal instrument flight procedure under the designer’s procedure design certificate, have, and put into effect, procedures to ensure the integrity of the database and the data.

173.120  Certified designer to have appropriate organisation

                   A certified designer must, at all times, maintain an appropriate organisation with a sound and effective management structure to enable the designer to carry on design work on terminal instrument flight procedures under the designer’s procedure design certificate in accordance with these Regulations.

173.125  Certified designer to have sufficient personnel

                   A certified designer:

                     (a)  must employ a sufficient number of personnel to enable the designer to carry on design work on terminal instrument flight procedures under the designer’s procedure design certificate in accordance with these Regulations; and

                     (b)  must ensure that those personnel:

                              (i)  are suitably qualified and competent to perform their duties; and

                             (ii)  are trained in accordance with the Manual of Standards and the designer’s operations manual.

173.130  Supervisory personnel

                   A certified designer must ensure that each employee who is occupying or acting in a supervisory position in the designer’s organisation in relation to design work on terminal instrument flight procedures carried on under the designer’s procedure design certificate meets the standards for supervisory positions set out in the Manual of Standards.

173.135  Certified designer to appoint chief designer

                   A certified designer must not carry on design work on a terminal instrument flight procedure under the designer’s procedure design certificate unless:

                     (a)  the certified designer has appointed a person to be the chief designer for the designer’s organisation; and

                     (b)  the appointment is approved by CASA and is in force; and

                     (c)  the functions of the chief designer are being carried out by the person or, if the chief designer is temporarily absent from duty, another person:

                              (i)  who is appointed by the certified designer to act as chief designer; and

                             (ii)  whose appointment is approved by CASA and is in force.

173.140  Certified designer to provide training and checking program

                   A certified designer must provide a training and checking program that is of an adequate standard to ensure that the employees of the designer maintain their competence and are provided with ongoing training appropriate to their duties.

173.145  Certified designer to have safety management system

             (1)  A certified designer must have, and put into effect, a safety management system that includes the policies, procedures, and practices necessary for managing design work on terminal instrument flight procedures carried on under the designer’s procedure design certificate.

             (2)  The safety management system must be in accordance with the standards set out in the Manual of Standards.

             (3)  The designer must keep its safety management system under review and take any necessary corrective action to ensure that it operates properly.

173.150  Certified designer to maintain reference materials

             (1)  A certified designer must maintain reference materials of the kinds specified in the Manual of Standards.

             (2)  A certified designer must keep the reference materials up‑to‑date and in a readily accessible form.

             (3)  Each employee of the certified designer who carries on design work on a terminal instrument flight procedure under the certified designer’s procedure design certificate must have ready access to the reference materials.

173.155  Certified designer to keep documents and records

             (1)  A certified designer must keep documents and records of the kinds specified in the Manual of Standards.

             (2)  A document or record must be retained for as long as the Manual of Standards specifies for the particular kind of document or record.

             (3)  The designer must, at CASA’s request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA.

173.160  Certified designer to have document and record control system

             (1)  A certified designer must establish, and put into effect, a system for controlling documents and records relating to the terminal instrument flight procedures on which the designer carries on design work under the certified designer’s procedure design certificate, including the policies and procedures for making, amending, preserving and disposing of those documents and records.

             (2)  The system must be in accordance with the standards set out in the Manual of Standards.

             (3)  The documents and records must include the documents and records required to be kept under this Division.

Division 173.B.3Chief designer

173.165  Approval for appointment of chief designer

             (1)  A certified designer must not appoint a person as chief designer unless the appointment is approved by CASA.

             (2)  To be appointed as chief designer, a person must, at the time of appointment, meet the standards for the chief designer for a certified designer’s organisation set out in the Manual of Standards.

173.170  Approval for appointment to act as chief designer

             (1)  A certified designer must not appoint a person to act as chief designer for the certified designer unless the appointment is approved by CASA.

             (2)  To be appointed to act as chief designer, a person must, at the time of appointment, have sufficient qualifications and experience to enable the individual to carry out the functions of the appointment properly, having regard to the nature and scope of the design work carried on by the chief designer.

173.175  Appointment likely to have adverse effect on air safety

             (1)  Without limiting the matters that CASA may take into account in deciding whether to approve an appointment of a person as chief designer or an appointment of a person to act as chief designer, CASA is not required to approve the appointment if the approval would be likely to have an adverse effect on the safety of air navigation.

             (2)  In deciding whether approval of the appointment of a person would be likely to have an adverse effect on the safety of air navigation, CASA may take into account the following:

                     (a)  the person’s record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety;

                     (b)  the experience of the person in aviation;

                     (c)  the person’s knowledge of the regulatory requirements applicable to civil aviation in Australia;

                     (d)  any evidence held by CASA that the person has contravened:

                              (i)  the Act or these Regulations; or

                             (ii)  a law of another country relating to aviation safety; or

                            (iii)  another law (of Australia or of another country) relating to transport safety.

Note:          Section 30A of the Act allows the Court to make an order excluding a person from a particular aviation activity. Such an order may have the effect of precluding the approval or acceptance of an appointment while the order is in force.

173.180  Chief designer’s functions and duties

                   The chief designer for a certified designer’s organisation is responsible to the certified designer for the following:

                     (a)  ensuring that any design work on the terminal instrument flight procedures that is carried on under the designer’s procedure design certificate is carried on in accordance with these Regulations;

                     (b)  appointing persons as employees of the certified designer to carry on design work on terminal instrument flight procedures under the designer’s procedure design certificate;

                     (c)  effectively managing work done in relation to those terminal instrument flight procedures by those persons;

                     (d)  issuing certificates as required by regulation 173.100.

173.185  Duration of approval

             (1)  An approval under regulation 173.165 or 173.170 stops being in force if:

                     (a)  the appointment to which it relates ends; or

                     (b)  it is withdrawn.

             (2)  An approval is not in force during any period in which it is suspended.

173.190  Withdrawal or suspension of approval of appointment

             (1)  CASA may, by notice in writing to a person appointed as the chief designer, or to act as the chief designer, for a certified designer’s organisation, withdraw or suspend approval of the person’s appointment if continuing approval of the appointment would be likely to have an adverse effect on the safety of air navigation.

             (2)  In deciding whether continuing approval of a person’s appointment would be likely to have an adverse effect on the safety of air navigation, CASA may take into account the matters mentioned in subregulation 173.175 (2).

             (3)  The notice:

                     (a)  must set out the reasons for the withdrawal or suspension; and

                     (b)  in the case of a suspension, must specify the period of suspension or state when, or in what circumstances, it will end.

             (4)  CASA must give a copy of the notice to the certified designer.

             (5)  If CASA suspends approval of a person’s appointment, the person must not carry out the functions of the appointment during the period of the suspension.

             (6)  If CASA withdraws approval of a person’s appointment:

                     (a)  for the purposes of these Regulations, the appointment is taken to end; and

                     (b)  the person must not continue to carry out the functions of the position to which the appointment relates.

Division 173.B.4Miscellaneous

173.195  Advice on organisational changes

                   A certified designer must tell CASA, in writing, of a change of circumstances that materially affects its capacity to design a terminal instrument flight procedure under the designer’s procedure design certificate, or engage in any design work on that procedure, within 7 days after the change occurs.

173.200  Discontinuing design work on terminal instrument flight procedures of a particular type

             (1)  If a certified designer ceases to carry on design work on terminal instrument flight procedures of a particular type, the certified designer must give written notice to that effect to CASA, and, if any of the procedures are published in the AIP, the AIS, within 7 days after ceasing to carry on the design work concerned.

             (2)  Subregulation (1) does not apply if, having regard to the certified designer’s circumstances, it is not reasonably practicable for the designer to give CASA or, if applicable, the AIS, at least 7 days notice and the notice is given as soon as is reasonably practicable.

173.205  Notifying the AIS of a variation to a procedure design certificate

                   If a certified designer’s procedure design certificate is varied under Subpart 173.E to exclude a particular type of terminal instrument flight procedure and the designer has given any procedures of that type to the AIS for publication in the AIP, the designer must give written notice to the AIS of the variation within 7 days after the day when the variation takes effect.

173.210  Discontinuing maintenance of particular terminal instrument flight procedures

             (1)  If a certified designer ceases to be responsible for the maintenance of a terminal instrument flight procedure, the certified designer must give written notice to that effect to CASA and, if the procedure is published in the AIP, to the AIS, within 7 days after ceasing to have that responsibility.

             (2)  Subregulation (1) does not apply if, having regard to the certified designer’s circumstances, it is not reasonably practicable for the designer to give CASA at least 7 days notice and the notice is given as soon as is reasonably practicable.

173.215  Transfer of maintenance responsibility

             (1)  A certified designer may transfer the designer’s responsibility for maintaining a terminal instrument flight procedure under regulation 173.110 to another certified designer whose procedure design certificate authorises that designer to design terminal instrument flight procedures of the same type as the procedure concerned.

             (2)  If a certified designer accepts responsibility for the maintenance of a terminal instrument flight procedure under this regulation, the designer:

                     (a)  must give written notice to the transferor to that effect; and

                     (b)  must give written notice of the transfer to CASA and, if the procedure is published in the AIP, to the AIS, within 14 days after the transfer.

             (3)  A transfer takes effect on the day when the certified designer accepting responsibility for maintaining the procedure gives notice to the transferor under paragraph (2)(a) or, if a later day is specified in the notice, on the later day.

             (4)  If a certified designer transfers the designer’s responsibility for maintaining a terminal instrument flight procedure, the designer must give written notice of the transfer to CASA and, if the procedure is published in the AIP, to the AIS, within 14 days after the transfer.

Subpart 173.CAuthorised designers

Division 173.C.1Authorisation as authorised designer

Note:          In addition to the provisions of this Division, Part 11 contains provisions relating to an application for the grant of a procedure design authorisation.

173.220  Applications for procedure design authorisations

             (1)  A person may apply to CASA, in writing, for a procedure design authorisation.

Note:          An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

             (2)  The application:

                     (b)  must state:

                              (i)  the applicant’s name and address; or

                             (ii)  if the applicant is incorporated by or under a law of the Commonwealth or of a State or Territory, the applicant’s name, registered address and ACN and the names and addresses of the people responsible for its management and control; and

                     (c)  must contain or be accompanied by:

                              (i)  a written statement specifying the activity mentioned in subparagraph 173.030 (b)(i) or (ii) that is proposed to be authorised under the authorisation, including specifying the type or each type of terminal instrument flight procedure proposed to be covered by the authorisation; and

                             (ii)  a written statement setting out the qualifications and relevant experience of each member of the applicant’s personnel whose duties would, if the authorisation were granted to the applicant, include carrying on the design work concerned; and

                     (d)  must be accompanied by a copy of the operations manual under which the applicant proposes to carry on that activity.

Note:          Part 11 also contains provisions relating to an application for a procedure design authorisation.

173.225  Criteria for grant of procedure design authorisations

                   For regulation 173.335, a person who has applied for the grant of a procedure design authorisation must, if the authorisation is granted, be able to comply with the requirements of Division 173.C.2.

173.240  How long procedure design authorisations remain in force

                   A procedure design authorisation remains in force unless it is cancelled.

173.245  Applications to vary procedure design authorisations

                   An application to vary a procedure design authorisation must contain, or have with it, a copy of the proposed variation.

Division 173.C.2Requirements to be complied with by authorised designers

173.250  Operations manual

             (1)  An authorised designer must, at all times, maintain an operations manual that meets the standards set out in the Manual of Standards.

             (2)  An authorised designer:

                     (a)  must keep the manual in a readily accessible form; and

                     (b)  must ensure that each employee of the designer whose duties include carrying on design work authorised by the designer’s procedure design authorisation has ready access to the manual; and

                     (c)  must amend the manual whenever it is necessary to do so to keep it in an up‑to‑date form.

             (3)  An authorised designer must ensure:

                     (a)  that all amendments of the manual are incorporated in all copies of the manual kept by the designer; and

                     (b)  that copies of the amendments are given to CASA.

173.255  Compliance with operations manual

                   An authorised designer must, in carrying on the activity authorised by the designer’s procedure design authorisation, comply with the designer’s operations manual.

173.260  Standards for design of terminal instrument flight procedures etc

             (1)  An authorised designer designing a terminal instrument flight procedure under the authorised designer’s procedure design authorisation must ensure that the procedure is designed in accordance with:

                     (a)  any applicable standards set out or referred to in ICAO Doc. 8168 (PANS‑OPS); and

                     (b)  any applicable standards set out in the Manual of Standards.

             (2)  If, apart from this subregulation, an authorised designer would be required to ensure that a terminal instrument flight procedure is designed in accordance with a standard set out or referred to in the ICAO Doc. 8168 (PANS‑OPS) and a standard set out in the Manual of Standards, and it is not possible to comply with both standards, the designer is only required to ensure that the procedure is designed in accordance with the Manual of Standards.

173.265  Off‑shore installations

             (1)  This regulation applies to an authorised designer who is authorised to carry on design work on a terminal instrument flight procedure that:

                     (a)  is of a type covered by the authorisation; and

                     (b)  is for use by Australian aircraft operating under the IFR at, or in the vicinity of, an off‑shore installation located no closer than 30 nm from the nearest land.

             (2)  The authorised designer must ensure that a copy of each terminal instrument flight procedure designed under the designer’s procedure design authorisation is given to CASA.

             (3)  The authorised designer must ensure that a terminal instrument flight procedure designed under the designer’s procedure design authorisation does not require the use of a ground‑based radio‑navigation aid other than one that is operated and maintained by a person certificated to do so under Part 171.

173.270  Maintenance of terminal instrument flight procedures

             (1)  Subject to subregulation (2), an authorised designer is responsible for maintaining, in accordance with the standards for the maintenance of terminal instrument flight procedures set out in the Manual of Standards, a terminal instrument flight procedure designed under the designer’s procedure design authorisation or a terminal instrument flight procedure for which that responsibility is transferred to the authorised designer under regulation 173.305.

             (2)  The authorised designer ceases to be responsible for the maintenance of the procedure:

                     (a)  if the authorised designer has notified CASA, under regulation 173.300, that the designer has ceased to have that responsibility:

                              (i)  on the day when the notice is given; or

                             (ii)  if a later day is specified in the notice—on the later day; or

                     (b)  if the authorised designer’s responsibility for the maintenance of the procedure is transferred to a certified designer or another authorised designer under regulation 173.305—on the day when the responsibility is transferred; or

                     (c)  if the authorised designer has notified CASA, under regulation 173.295, that the designer has ceased to design the type of terminal instrument flight procedure concerned:

                              (i)  on the day when the notice is given; or

                             (ii)  if a later day is specified in the notice—on the later day; or

                     (d)  if the authorised designer’s procedure design authorisation is varied under Subpart 173.E to exclude that type of procedure—on the day when the authorisation is varied; or

                     (e)  if the authorised designer ceases to be an authorised designer—on the day when the designer ceases to be an authorised designer.

173.275  Authorised designer to have sufficient personnel

                   An authorised designer:

                     (a)  must employ a sufficient number of personnel to enable the designer to carry on the activity authorised by the designer’s procedure design authorisation in accordance with these Regulations; and

                     (b)  must ensure that those personnel:

                              (i)  are suitably qualified and competent to perform their duties; and

                             (ii)  are trained in accordance with the Manual of Standards and the designer’s operations manual.

173.280  Authorised designer to maintain reference materials

             (1)  An authorised designer must maintain reference materials of the kinds specified in the Manual of Standards.

             (2)  An authorised designer must keep the reference materials up‑to‑date and in a readily accessible form.

             (3)  Each employee of the authorised designer whose duties include carrying on design work that is authorised under the designer’s procedure design authorisation must have ready access to the reference materials.

173.285  Authorised designer to keep documents and records

             (1)  An authorised designer must keep documents and records of the kinds specified in the Manual of Standards.

             (2)  A document or record must be retained for as long as the Manual of Standards specifies for the particular kind of document or record.

             (3)  The designer must, at CASA’s request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA.

173.290  Authorised designer to have document and record control system

             (1)  An authorised designer must establish, and put into effect, a system for controlling documents and records relating to the activity authorised under the authorised designer’s procedure design authorisation, including the policies and procedures for making, amending, preserving and disposing of those documents and records.

             (2)  The system must be in accordance with the standards set out in the Manual of Standards.

             (3)  The documents and records must include the documents and records required to be kept under this Division.

Division 173.C.3Miscellaneous

173.295  Discontinuing design work on terminal instrument flight of a particular type

             (1)  If an authorised designer ceases to carry on design work on terminal instrument flight procedures of a particular type, the authorised designer must give written notice to CASA to that effect within 7 days after ceasing to carry on the design work concerned.

             (2)  Subregulation (1) does not apply if, having regard to the authorised designer’s circumstances, it is not reasonably practicable for the designer to give CASA at least 7 days notice and the notice is given as soon as is reasonably practicable.

173.300  Discontinuing maintenance of terminal instrument flight procedures

             (1)  If an authorised designer ceases to be responsible for the maintenance of a terminal instrument flight procedure, the authorised designer must give written notice to CASA to that effect within 7 days after ceasing to have that responsibility.

             (2)  Subregulation (1) does not apply if, having regard to the authorised designer’s circumstances, it is not reasonably practicable for the designer to give CASA at least 7 days notice and the notice is given as soon as is reasonably practicable.

173.305  Transfer of maintenance responsibility

             (1)  An authorised designer may transfer the designer’s responsibility for maintaining a terminal instrument flight procedure under regulation 173.270:

                     (a)  to a certified designer whose procedure design certificate authorises that designer to design terminal instrument flight procedures of the same type as the procedure concerned; or

                     (b)  to another authorised designer whose procedure design authorisation authorises that designer to design such a terminal instrument flight procedure.

             (2)  If a certified designer