Federal Register of Legislation - Australian Government

Primary content

CASA EX26/20 Exemptions as made
This instrument continues to exempt the aerodrome operator of an aerodrome with suitable systems and procedures for electronic surveillance of vehicles on the aerodrome’s manoeuvring area from the requirement that the electronic surveillance equipment meets the technical standards in the Manual of Standards (MOS) – Part 139 Aerodromes.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 30 Jan 2020
Tabling HistoryDate
Tabled HR04-Feb-2020
Tabled Senate04-Feb-2020
To be repealed 22 Aug 2020
Repealed by Self Repealing

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX26/20 — Electronic Surveillance Equipment Fitted to Vehicles Exemption 2020

Purpose

The purpose of the instrument is to continue to exempt the operators of Advanced Surface Movement Guidance and Control System (A-SMGCS) aerodromes that have suitable systems and procedures for electronic surveillance of vehicles on the aerodrome’s manoeuvring area from the requirement that the electronic surveillance equipment meets the technical standards in the Manual of Standards (MOS) – Part 139 Aerodromes (the MOS).

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Safety Regulations 1998 (CASR).

 

Aerodromes to which A-SMGCS applies

Under subregulation 139.252 (1) of CASR, the Civil Aviation Safety Authority (CASA) may designate a certified aerodrome as an aerodrome to which A-SMGCS applies.

 

Regulation 139.254 of CASR applies to an aerodrome that is designated as an aerodrome to which A-SMGCS applies. Under subregulation 139.254 (2), the operator of the aerodrome commits an offence if the operator does not, before the designation takes effect, establish the procedures mentioned in subregulations 139.254 (3) and (4) and publish the procedures in its aerodrome manual.

 

Under paragraph 139.254 (3) (a), the procedures must require any vehicle that enters, or moves on, the aerodrome’s manoeuvring area to be fitted with serviceable electronic surveillance equipment that meets the technical standards for the equipment published in the MOS and serviceable radiocommunications equipment capable of maintaining two-way communication with air traffic control (ATC). If a vehicle does not meet those requirements, it must be accompanied by another vehicle that meets those requirements.

 

Under subregulation 139.254 (4), the procedures must require the driver of a vehicle that is fitted with the equipment mentioned in paragraph 139.254 (3) (a) to monitor the ATC radio frequency for surface traffic at all times that the vehicle is on the aerodrome’s manoeuvring area and to communicate with ATC as necessary to ensure the safety of persons, vehicles and aircraft on the manoeuvring area.

 

Under subregulation 139.254 (5), the aerodrome operator commits an offence if it does not comply with those procedures, or fails to ensure that a person who operates, or a driver, of a vehicle on the aerodrome’s manoeuvring area complies with those procedures.

 

Paragraph 10.9.4 of the MOS sets out technical standards for electronic surveillance equipment fitted to vehicles. For example, it includes technical standards for vehicle identification, navigation integrity and accuracy, transmit power and frequency, operating temperature and input power.

 

Exemptions

Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160 (1) of CASR provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations.

 

Under subregulation 11.160 (2), an exemption may be granted to a person or a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.160 (3), an exemption may be granted on application by a person or on CASA’s own initiative.

 

Under subregulation 11.175 (4) of CASR, in deciding whether to renew an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same criterion when deciding whether to renew an exemption on its own initiative.

 

Regulation 11.225 of CASR requires an exemption to be published on the Internet. Under subregulation 11.230 (1) of CASR, the maximum duration of an exemption is 3 years.

 

Background

Brisbane, Sydney, Melbourne and Perth aerodromes have each been designated as an aerodrome to which A-SMGCS applies.

 

The 4 aerodromes use either Saab Sensis VeeLo NextGen (VeeLo) or ERA a.s. SQUID (SQUID) as the electronic surveillance equipment for vehicles at the aerodrome. Neither of these systems is fully compliant with the technical standards in the MOS, but the systems have been found to be compatible with the A-SMGCS in use at the aerodromes.

 

In February 2017, CASA issued instrument number CASA EX02/17 (CASA EX02/17), which exempts the aerodrome operators from compliance with regulation 139.254 to the extent that it requires the procedures for the electronic surveillance equipment for vehicles to comply with the technical standards in the MOS. CASA EX02/17 is repealed at the end of 31 January 2020.

 

The Governor-General has made the Civil Aviation Safety Amendment (Part 139) Regulations 2019, and CASA has issued the Part 139 (Aerodromes) Manual of Standards 2019. Those legislative instruments are scheduled to commence on 22 August 2020. The Part 139 (Aerodromes) Manual of Standards 2019 will replace the MOS and contain broad and performance-based technical standards for the relevant equipment, rather than the detailed and prescriptive technical standards in the MOS. This change will remove the need for the exemption in the instrument because the electronic surveillance equipment for vehicles allowed by the exemption, VeeLo and SQUID, will be compliant with the new technical standards. Pending the amendment of CASR and the commencement of the new MOS, there is a need for the exemption in CASA EX02/17 to be renewed.

 

Instrument

Section 1 gives the instrument its name.

 

Section 2 states the duration of the instrument.

 

Section 3 contains definitions of terms used in the instrument.

 

Section 4 provides that the instrument applies to the aerodrome operator of an aerodrome that is designated, under regulation 139.252, as an aerodrome to which A-SMGCS applies if specified requirements are met. Those requirements include that the A-SMGCS at the aerodrome uses surface movement radar, or a multilateration system, as the primary source of position information about activities within the runway strip of the aerodrome.

 

The instrument also only applies if the aerodrome operator complies with regulation 139.254 as if that regulation required the electronic surveillance equipment fitted to vehicles to be either VeeLo or SQUID, instead of equipment that meets the technical standards for the equipment published in the MOS.

 

Section 5 exempts the aerodrome operator from compliance with regulation 139.254 to the extent that it requires the establishment of, and compliance with, procedures that require a vehicle that enters, or moves on, the aerodrome’s manoeuvring area to be fitted with serviceable electronic surveillance equipment that meets the technical standards in the MOS.

 

The effect of these provisions is that the aerodrome operator may use either VeeLo or SQUID, instead of electronic surveillance equipment that complies with the technical standards in the MOS. Under subparagraph 139.254 (3) (a) (ii), the aerodrome operator continues to be required to have procedures that require vehicles on the aerodrome manoeuvring area to be fitted with serviceable radiocommunications equipment capable of maintaining two-way communication with ATC. Under subregulation 139.254 (4), although the equipment fitted to a vehicle does not comply with the technical standards for the equipment published in the MOS, the procedures must require the driver of a vehicle to monitor the ATC radio frequency for surface traffic at all times that the vehicle is on the aerodrome’s manoeuvring area and to communicate with ATC as necessary to ensure the safety of persons, vehicles and aircraft on the manoeuvring area.

 

Similarly, the aerodrome operator must comply with those procedures, as modified to allow for use of VeeLo or SQUID instead of electronic surveillance equipment that complies with the technical standards in the MOS, and ensure that a person who operates, or is a driver, of a vehicle on the aerodrome’s manoeuvring area complies with those procedures.

 

CASA has assessed the effect of renewing the exemption in CASA EX02/17 and is satisfied this has no impact on the safety of operations.

 

Legislation Act 2003 (the LA)

Paragraph 98 (5A) (a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Additionally, paragraph 98 (5AA) (a) of the Act provides that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument exempts a class of persons, being aerodrome operators with specified characteristics, from complying, to a limited extent, with the provisions in regulation 139.254. The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

CASA undertook consultation under section 17 of the LA in relation to CASA EX02/17.

 

In developing CASA EX02/17, CASA consulted with Airservices Australia (AA), which provides ATC services at each of the relevant aerodromes.

 

CASA also consulted with the supplier of the SQUID. CASA did not consult with the maker of the VeeLo as CASA provided written authorisation to AA for the use of that equipment before the relevant MOS standard was made.

 

CASA informed the aerodrome operators of Brisbane, Melbourne, Perth and Sydney aerodromes about the exemption. The exemption allowed the continued use of the existing systems and equipment for electronic surveillance of vehicles at those aerodromes. The aerodrome operators supported the proposed exemption.

 

The instrument beneficially exempts aerodrome operators from certain requirements, provided compensating safety requirements are met. In these circumstances, CASA is satisfied that no further consultation is appropriate, or reasonably practicable, for the instrument for section 17 of the LA.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required in this case, as the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Senate Committee concerns

The Senate Standing Committee for the Scrutiny of Delegated Legislation has previously raised concerns about the renewal of general exemptions when amendment of the regulations may be more appropriate. The instrument renews the general exemption in CASA EX02/17. The renewal of the exemption by the instrument is a temporary measure, pending the commencement of the Civil Aviation Safety Amendment (Part 139) Regulations 2019 and the Part 139 (Aerodromes) Manual of Standards 2019.

 

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.

 

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR.

 

The instrument commences on 1 February 2020 and is repealed at the earlier of: the commencement of the Civil Aviation Safety Amendment (Part 139) Regulations 2019 and the end of 31 January 2023.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

CASA EX26/20 — Electronic Surveillance Equipment Fitted to Vehicles Exemption 2020

 

The legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument continues to exempt the aerodrome operator of an aerodrome with suitable systems and procedures for electronic surveillance of vehicles on the aerodrome’s manoeuvring area from the requirement that the electronic surveillance equipment meets the technical standards in the Manual of Standards (MOS) – Part 139 Aerodromes.

 

It is CASA’s view that the alternative systems and procedures for electronic surveillance equipment provide a level of aviation safety that is acceptable.

 

Human rights implications

The legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

The legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

 

Civil Aviation Safety Authority