Federal Register of Legislation - Australian Government

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CASA 82/20 Directions/Civil Aviation as made
This instrument directs a pilot in command of an aircraft (other than a rotorcraft) for a flight to comply with instructions in authorised aeronautical information for the flight if particular circumstances exist regarding the location of the aircraft at, or in relation to, a non controlled aerodrome, and whether the pilot in command either has joined the circuit pattern for a landing on a relevant runway or is flying in the circuit pattern after take off from a relevant runway. The instrument would define a relevant runway as a runway at a non controlled aerodrome, other than a military aerodrome, for which a right hand circuit is mentioned in authorised aeronautical information on the day on which the instrument commences or is published in authorised aeronautical information on or after the day on which the instrument commences. The instrument would define authorised aeronautical information, for a flight of an aircraft, as the aeronautical maps, charts and other aeronautical information relevant to the route of the flight, and any probable diversionary route, that are published in the Integrated Aeronautical Information Package, as existing from time to time or by a data service provider.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 24 Dec 2020
To be repealed 02 Dec 2021
Repealed by Self Repealing

Instrument number CASA 82/20

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under subregulation 92 (2) of the Civil Aviation Regulations 1988.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

23 December 2020

1          Name

                 This instrument is CASA 82/20  Conducting Right‑hand Circuits (Relevant Runways at Non-controlled Aerodromes) Direction 2020.

2          Duration

                 This instrument:

(a)       commences on the day after it is registered; and

(b)      is repealed at the earlier of the following:

             (i)  the commencement of the Civil Aviation Safety Amendment (Part 91) Regulations 2018;

            (ii)  the end of 31 October 2025.

3          Repeal of instrument CASA 278/14

                 Instrument CASA 278/14, Direction  to conduct right-hand circuits off Runway 12 (Brisbane West Wellcamp), is repealed.

4          Definitions

                 Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: aerodrome, Aeronautical Information Publication, AIP, data service provider, Integrated Aeronautical Information Package, manoeuvring area, military aerodrome, non‑controlled aerodrome, NOTAM, pilot in command and rotorcraft.

AIP-ERSA means the document titled En Route Supplement Australia (ERSA), as existing from time to time.

Note   The AIP-ERSA is freely available online at www.airservicesaustralia.com/aip/aip.asp.

authorised aeronautical information, for a flight of an aircraft, means the aeronautical maps, charts and other aeronautical information relevant to the route of the flight, and any probable diversionary route, that are published:

(a)   in the Integrated Aeronautical Information Package, as existing from time to time; or

 

(b)   by a data service provider.

Note   Right-hand circuits for a runway at a non-controlled aerodrome are published in the following locations within the Integrated Aeronautical Information Package:

(a)     in the publication titled Departure and Approach Procedures (DAP) — see the information under the heading “Notes” on the Aerodrome Chart for the non-controlled aerodrome;

(b)     in the AIP-ERSA — see the information for the non-controlled aerodrome located on the facilities (FAC) page of the publication titled En Route Supplement Australia (ERSA), a supplement to the Aeronautical Information Publication (AIP);

(c)     if the right-hand circuit is published after the publication date for a particular version of Departure and Approach Procedures (DAP) or the AIP-ERSA — in a NOTAM.

The information and the publications mentioned in this note are freely available online at www.airservicesaustralia.com/aip/aip.asp and (for NOTAMs) by registering for a free National Aeronautical Information Processing System account at www.airservicesaustralia.com/flight-briefing/.

relevant runway means a runway at a non-controlled aerodrome, other than a military aerodrome, for which a right-hand circuit:

(a)   is mentioned in authorised aeronautical information on the day on which this instrument commences; or

(b)   is published in authorised aeronautical information on or after the day on which this instrument commences.

Note   The AIP-ERSA identifies a military aerodrome by placing “MIL” immediately under the aerodrome code. For example, in the AIP-ERSA entry for Holsworthy aerodrome “MIL” is located immediately under “YSHW”.

5          Direction — pilots in command operating in particular circumstances involving a relevant runway

        (1)     Subsection (2) applies to the pilot in command of an aircraft (other than a rotorcraft) for a flight if:

(a)    the aircraft is operated on the manoeuvring area of, or in the vicinity of, a non-controlled aerodrome; and

(b)    either of the following circumstances exist:

             (i)  the pilot in command has joined the circuit pattern for a landing on a relevant runway;

            (ii)  the pilot in command is flying in the circuit pattern after take-off from a relevant runway.

        (2)     For subregulation 92 (2) of CAR, the pilot in command of an aircraft mentioned in subsection (1) must comply with instructions in authorised aeronautical information for the flight.

Note 1   Subregulation 166 (2) of CAR describes when an aircraft is in the vicinity of a non‑controlled aerodrome.

Note 2   Under paragraph 166A (3) (a) of CAR, if turns are made in accordance with a direction under subregulation 92 (2) of CAR that all turns at the non-controlled aerodrome be made in a particular direction, the pilot in command is not required to comply with the requirement, mentioned in paragraph 166A (3) (c) of CAR, that all turns must be made to the pilot in command’s left. Therefore, the pilot in command would not be engaging in conduct that results in the contravention of the rules, set out in paragraphs 166A (2) (d) and (e) that require the pilot in command, in relevant circumstances, to make all turns in accordance with subregulation 166A (3) of CAR. Consequently, the conduct of the pilot in command would not give rise to an offence under subregulation 166A (1) of CAR.

Note 3   See regulation 166A of CAR for other general requirements that must be met by a pilot in command of an aircraft being operated on the manoeuvring area of, or in the vicinity of, a non‑controlled aerodrome.