Project AS 14/23 - Post Implementation Review of CASR Part 172 - Air traffic service providers

Civil Aviation Safety Regulations 1998 (CASR) Part 172 - Air traffic service providers and the subsidiary Part 172 Manual of Standards (MOS) –  Air traffic services were implemented in 2003. These regulations were amongst the first rule parts to transition from the former Civil Aviation Regulations (CAR 1988) and Civil Aviation Orders.

The current Part 172 legislative framework applies to a person that wants to become or is an air traffic service (ATS) provider and sets out the administrative rules applying to CASA in its administration of Part 172. Part 172 does not apply to the Defence Force.

Since 2003, there have been 8 amendments to Part 172 MOS to incorporate new standards and procedures. However, there has not been a holistic review of the CASR Part 172 and the MOS in the 15 years since introduction. There is also a need to make the following specific changes to the Part 172 suite:

• incorporate current temporary arrangements for allowing low level helicopter operations within a control zone in close proximity to the primary airport
• by no later than November 2020, adopt the controller fatigue risk management standards recently promulgated by the International Civil Aviation Organization (into this part of CAO 48.1 or its successors)
• adopt recent amendments to ICAO standards for the conduct of simultaneous operations to close-spaced parallel runways
• implement a contemporary regulatory structure requiring accountable, responsible, safety management system and quality management system managers consistent with other CASR Parts
• review the penalties in the regulation.

Assessment of risk and consequences of no action

• The most significant consequence of no action is that CASA and Airservices must continue to rely on exemptions in order to legally permit operations such as low-level police surveillance operations within control zones. This exemption methodology imposes unnecessary financial and resource costs on both CASA and industry.
• Another risk is that Australia fails to implement - in time - ICAO standards for fatigue risk management and other recent amendments to ICAO documents. This exposes Australia in the event of ICAO compliance auditing.

Objective

• Conduct a post implementation review of CASR Part 172 and the Part 172 MOS
• Incorporate into the Part 172 suite relevant developments in ICAO standards and recommended practices.

Rules affected

THis project is associated with:

• Part 172 of CASR
• Part 172 MOS.

Project activities

Other Part 172 activities

The CASR Part 172 history page includes:

• other projects
• consultations.

Project contact

Technical lead: Jan Goosen, Senior Standards Officer (ATM)

Policy manager: Manager, Flight Standards Branch