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Aviation Legislation > National Air Law > Flashcards

National Air Law Flashcards

1
Q

Where State and Commonwealth laws are inconsistent, which law has precedence?

A

Commonwealth

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2
Q

From which sections of the Constitution does the Commonwealth derive its powers to regulate civil aviation?

A

S.51 (i) ‘Trade and commerce with other countries, and among the States’

S.51(xxix) - External Affairs power (to give effect to treaties on aviation)

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3
Q

Which level of government is responsible for the national legislation required to create the regulatory environment in which aviation operates?

A

Federal

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4
Q

What is required for Australia’s obligations under the Chicago Convention 1944, or other similar conventions or pieces of international law, to be given substance?

A

An Act of Parliament must be passed which ratifies the convention/agreement/law.

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5
Q

Broadly, explain how an Act of Parliament comes into being.

A
  1. A bill is introduced, or tabled, by a minister.
  2. The bill is ‘read’ three times in both the upper and lower Houses of Parliament
  3. Once all proposed amendments have been agreed to and the final reading has occurred, the bill is passed to the Governor General for royal assent.
  4. The Governor General grants assent to the bill and it passes into law as an act.
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6
Q

When is an Act, or Statute, deemed NOT to be perpetual?

A

When it includes a sunset clause.

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7
Q

True or False.

It is usual practice to include in Acts the provision for the Governor-General to make Regulations which prescribe the rules essential for implementing the Act.

A

True

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8
Q

What are the three levels of law associated with aviation regulation in Australia?

A
  1. Acts
  2. Regulations (CASRs, CARs)
  3. Manuals of Standards, Orders (CAOs - directions or instructions relating to
    regulations).
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9
Q

Under CASA’s program of regulation reform, what is the new system of regulations known designed to streamline the rules of aviation known as?

A

Civil Aviation Safety
Regulations (CASR)

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10
Q

What are the characteristics of regulations developed under CASA’s regulation reform program?

A
  • can be found in one place
  • are aligned with international best practice
  • are based on lessons learned from the past
  • are responsive to advances in global aviation
  • are developed in close consultation with industry
  • provide long transition times to ensure industry is best placed to meet the new standards.
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11
Q

What is CASR?

A

Civil Aviation Safety Regulations.

These can be considered a combined CAO and CAR.

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12
Q

What areas have CASA’s regulation reforms focused on?

A
  • engineering
  • pilot licensing
  • flight training and operations
  • maintenance
  • fatigue risk management
  • standards for navigation, sport aviation and aerial work
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13
Q

What are the relevant acts associated with aviation?

A
  • Air Navigation Act 1920,
  • Civil Aviation Act 1988,
  • Civil Aviation Legislation Amendment Act 1995,
  • Airservices Act 1995, and
  • Airspace Act 2007
  • Transport Safety Investigation Act 2003
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14
Q

Which convention/s did the Air Navigation Act 1920 ratify?

A

Originally the Paris Convention 1919.

Later the Act was amended to ratify the Chicago Convention 1944 and remove references to the Paris convention.

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15
Q

Which act established the Civil Aviation Authority?

A

Civil Aviation Act 1988

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16
Q

What was the role of the Civil Aviation Authority?

A

Provide commercial regulation, air traffic services, and safety oversight of aviation (including ATS).

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17
Q

What did the Civil Aviation Legislation Amendment Act 1995 do?

A

Dissolved the Civil Aviation Authority and established CASA (The Civil Aviation Safety Authority) as the authority responsible for the safety regulation of civil aviation in Australia

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18
Q

Which act established Airservices Australia?

A

The Air Services Act 1995

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19
Q

What is the purpose of the Airspace Act 2007?

A

To ensure that Australian administered airspace is administered and used safely, taking into account the following matters:
- protection of the environment;
- efficient use of that airspace;
- equitable access to that airspace for all users of that airspace;
- national security.

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20
Q

On what date did the Transport Safety Investigation Act 2003 come into operation?

A

1 July 2003

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21
Q

Which organisation was established by the Transport Safety Act 2003?

A

The Australian Transport Safety Bureau (ATSB)

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22
Q

What is the Australian Transport Safety Bureau (ATSB)?

A

An independent Commonwealth Statutory agency for the investigation of incidents and accidents in aviation marine and rail transport.

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23
Q

What is the purpose of regulations?

A

To enable an act to be applied by implementing the legal and policy content of the act.

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24
Q

What are the regulations relevant to aviation?

A
  • Air Navigation Regulations (ANR),
  • Civil Aviation Regulations (CAR),
  • Civil Aviation Safety Regulations (CASR)
  • Airservices Regulations (ASR)
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25
Q

What is the current status of various regulations?

A

ANR have largely been replaced by CAR though some remain valid.

CAR are now being replaced by both CASR (Civil Aviation Safety Regulations) and ASR (Airservices Regulations)

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26
Q

How many major parts are there in the Civil Aviation Regulations?

A

20, though 8 of these have now been deleted.

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27
Q

How many parts does CASR have?

A

202

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28
Q

What will CASR eventually inlude?

A

All CARs and CAOs

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29
Q

How is CASR to be read?

A

As if it formed part of CAR

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30
Q

In the event of inconsistency between CASR and CAR which set of regulations prevails?

A

CASR

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31
Q

List four CASRs of particular interest to Air Traffic Controllers

A
  • CASR part 65: Air Traffic Services Licensing,
  • CASR part 67: Medical,
  • CASR part 172: Air Traffic Service Providers
  • CASR part 91: General Operating and Flight Rules
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32
Q

What is the purpose of a Manual of Standards (MoS)?

A

It provides the technical detail of any standards referred to in CASR.

In many cases they have been developed from the CAO

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33
Q

What are the major parts of the Airservices Regulations (ASR)?

A
  1. Preliminary
  2. Functions of AA – Providing Services
  3. Additional Functions of AA
  4. Statutory Liens on aircraft for unpaid service charges
  5. Miscellaneous
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34
Q

What do the CAOs do?

A

Set out the detail of the standards referred to in the CAR.

Most will be repealed as additional standards are added to the MoS to support the CASR

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35
Q

What are some important sources of rules for Air Traffic Controllers and Pilots?

A
  • Manual of Air Traffic Services (MATS);
  • MATS Supplementary Procedures (MATS SUPPS);
  • Aeronautical Information Publication (AIP);
  • Various company policies and rules.
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36
Q

Are rules, such as those found in MATS or AIP, part of the regulatory system?

A

No. While they may be based in law, these rules are not law themselves.

Rather, they can be considered supporting materials.

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37
Q

What is the fundamental objective of the ATSB?

A

The prevention of
accidents and incidents.

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38
Q

Is it the ATSB’s role to apportion blame or determine liability?

A

No. The ATSB does not investigate for the purpose of taking administrative, regulatory or criminal action.

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39
Q

How does the ATSB seek to improves safety and public confidence in various forms of transport?

A
  • Independent investigation of transport accidents and other safety occurrences;
  • Safety data recording, analysis and research; and
  • Influencing safety action, including through public communications, education and safety recommendations
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40
Q

What is the ATSB’s responsibility in relation to aviation?

A

The independent investigation of accidents and incidents (occurrences) involving civil aircraft in Australia and for civil registered Australian aircraft outside Australia.

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41
Q

With regards to aviation, what is the primary focus of the ATSB’s investigations.

A

Fare paying passenger operations

42
Q

What kinds of accidents and incidents related to flight safety must be reported to the ATSB?

A

All.

43
Q

Where are the requirements for reporting safety occurrences in relation to marine, aviation and rail transport found?

A

The Transport Safety Investigation Regulations 2021

44
Q

Who is considered a ‘responsible person’ that must report occurrences under the Transport Safety Investigation Act 2003 and TSI Regulations?

A

a. a crew member of the aircraft concerned
b. the owner or operator of the aircraft
c. a person performing an air traffic control service in relation to the aircraft
d. a person performing a dedicated aerodrome rescue or firefighting service in relation to the aircraft
e. a person who is licensed as an aircraft maintenance engineer and does any work in relation to the aircraft
f. a member of the ground handling crew in relation to the aircraft
g. a member of the staff of CASA
h. the operator of an aerodrome
i. a sport aviation body that administers aviation activities in relation to the aircraft.

This is found in Regulation 13 of the Transport Safety Investigations Regulations 2021.

45
Q

What are the four aircraft operation categories defined by the TSI regulations?

A
  1. Category A – Passenger Transport
  2. Category B – Commercial, non-passenger including large remotely-piloted aircraft (RPA) and training
  3. Category C – Non-commercial aircraft operations, including private GA
  4. Category D – Small, non-excluded RPA including certain uncrewed balloons
46
Q

What are the seven classifications of safety occurrences defined by the TSI regulations?

A
  1. an aircraft accident
  2. a reportable serious aircraft incident
  3. loss of a separation standard between aircraft
  4. declaration of an emergency in relation to an aircraft
  5. a serious property damage incident (external)
  6. an aircraft incident
  7. an aircraft incident (external).
47
Q

How are reporting requirements categorized by the TSI regulations?

A
  1. Immediately Reportable Matters (IRM)
  2. Routinely Reportable Matters (RRM)
  3. Not Reportable
48
Q

Outside of the TSI regulations, where are the lists of reportable matters for aviation recorded?

A

AIP ENR 1.14-1.

49
Q

What kinds of occurrences are IRMs?

A

Matters involving death, serious injury, destruction or serious damage to vehicles or property.

50
Q

Within what timeframe must a written report be provided for either an IRM or RRM?

A

72 hours.

51
Q

What is Part 91 of CASR?

A

General Operating and Flight Rules.

52
Q

How many classes of aircraft operation are there under CASA policy and what are they?

A
  1. Passenger Transport
  2. Aerial Work
  3. General Aviation
53
Q

List the types of operation under CASA policy and which class of aircraft operation they are associated with.

A

Passenger Transport
1. Air Transport Small
2. Air Transport Large
3. Air Transport Rotor

Aerial Work
1. Dispensing
2. External Load
3. Task Specialist

General Aviation
1. Sport
2. Recreational
3. Private

54
Q

Define Passenger Transport under CASA policy.

A

Operations by persons in the business of operating aircraft (on a non-recreational basis) to carry passengers.

55
Q

Define Aerial Work in accordance with CASA policy.

A

Operations by persons in the business of operating aircraft (on a non-recreational basis) in which only personnel essential to the flight are carried.

56
Q

Define General Aviation in accordance with CASA policy

A

Means personal transportation plus pure sport/recreational uses of aircraft

57
Q

Which class of maintenance is required by each class of aircraft operation?

A

Passenger Transport - Class A

Aerial Work - Class A or B

General Aviation - Typically Class B

58
Q

What license is required by a pilot operating passenger transport?

A

Commercial Pilot License or higher

59
Q

Which classes of operation require an AOC?

A

Passenger Transport - always.

Aerial Work - may or may not

60
Q

Define an air transport operation

A

A passenger transport operation, a cargo transport operation or a medical transport operation, that:
- is conducted for hire or reward; or
- is prescribed by an instrument issued under regulation 201.025

61
Q

Define a cargo transport operation

A

An operation of an aircraft that involves the carriage of cargo and crew only, but does NOT include the following:
- an operation conducted for the carriage of the possessions of the operator or the pilot in command (PIC) for the purpose of business or trade
- a medical transport operation.

62
Q

What is an external load operation?

A

Carrying or towing a load outside an aircraft inflight.

Includes training for such an operation.

63
Q

What is a dispensing operation?

A

Dropping or releasing any substance or object from an aircraft in flight

Includes training for such an operation.

64
Q

What is a task specialist operation?

A

Carrying out a specialised activity using an aircraft in flight.

Includes training for such an activity

65
Q

What is an AWZ?

A

An Aerial Work Zone

The area of land or water beneath the flight path of the aircraft and the aerial work operation, where the following is true:

  1. Aircraft is flown below the minimum height required for a populous area or public gathering
  2. There is risk to people or property not associated with the operation.
66
Q

What is a Medical Transport Operation?

A

An operation the primary purpose of which is to transport one or more of the following:
- medical patients
- medical personnel
- blood, tissue or organs for transfusion, grafting or transplantation.

67
Q

What aircraft characteristics result in an Air Transport Operation being classified as a larger or smaller aeroplane?

A

Larger Aeroplane:
- Maximum operational passenger seating capacity = More than 9 seats
- Maximum Take-Off Weight (MTOW) = More than 8618kg

Smaller Aeroplane:
- Maximum operational passenger seating capacity = 9 seats or fewer
- MTOW = 8618kg or less

68
Q

What part of CASR applies to Larger Aeroplane Air Transport?

A

Part 121

69
Q

What is an aircraft airworthiness category?

A

A homogeneous grouping of aircraft types and models of generally similar characteristics, based on the proposed or intended use of the aircraft, and their operating limitations.

e.g. Transport, Acrobatic, Commuter

70
Q

Part 121 operations can only be carried out by aeroplanes certified under which airworthiness categories?

A
  • transport
  • commuter
  • normal
71
Q

What part of CASR applies to Smaller Aeroplane Air Transport?

A

Part 135

72
Q

What part of CASR applies to Rotorcraft Air Transport?

A

Part 133

73
Q

Define rotorcraft

A

A helicopter, a gyroplane, or a powered-lift aircraft.

74
Q

When does a rotorcraft operator not need to comply with CASR part 133?

A

When the operation does not meet the definition of an air transport operation.

75
Q

CASR part 138 applies to what?

A

Aerial Work Operations

76
Q

Does Part 138 consider the commercial aspect of an operation?

A

No

77
Q

What is an AWC?

A

Aerial Work Certificate

78
Q

Does an AWC issued under CASR part 138 permit the conduct of Air Transport Operations?

A

No

79
Q

What is the aim of CASR Part 138?

A

To manage risks associated with aerial work operations in order to provide additional protection to crew and people on the ground.

80
Q

When should CASR Sub-regulation 138.005(2) be used?

A

When the risk of not complying with CASR part 138 is outweighed by an urgent and imminent threat to life.

81
Q

What does CASR Sub-regulation 138.005(2) do?

A

Provides relief from the requirements of Part 138 for search and rescue, police, national security or customs operations in circumstances where it is reasonable that the regulations should not apply.

82
Q

Which part of CASR prescribes the requirements of Air Operator’s Certificates (AOCs)?

A

Part 119

83
Q

What does Part 119 include?

A

Rules including:
- qualifications for key personnel
- requirements for change management for operations
- scalable training and checking system (T and C)
- scalable human factors and non-technical training (HF/NTS)
- scalable Safety Management Systems (SMS).

84
Q

What is an AOC?

A

An authorisation granted by CASA under section 27 of the Civil Aviation Act to conduct certain prescribed aircraft operations, including Australian air transport operations.

This is CASA’s basis for regulating all air transport operations in Australian registered aircraft.

No air transport operator activities are permitted unless the operator holds a current AOC permitting those operations specified on the AOC.

85
Q

What does subsection 28BA (3) of the Civil Aviation Act do?

A

Grants CASA the power to suspend or cancel an AOC or any specific authorisation contained in an AOC where it believes a breach has occurred.

86
Q

Which parts of CASR are related to ATC licensing?

A

65 - Air Traffic Services Licensing
67 - Medical
143 - Air Traffic Services Training Providers

87
Q

Which parts of CASR are related to Air Traffic Management Systems?

A

139 - Aerodromes
171 - Aeronautical Telecommunications Service & Radionavigation Service Providers
172 - Air Traffic Service Providers
173 - Instrument Flight Procedures Design
175 - Aeronautical Information Management

88
Q

List the main components of the CASR regulatory structure.

A
  • Administration
  • Certification / Airworthiness
  • Aircraft registration
  • Continuing Airworthiness
  • Aircraft Maintenance Engineer Licensing
  • Flight Operations
  • Flight crew licencing
  • Air Traffic Management Systems
  • ATC Licensing
  • Other (Drugs and Alcohol)
89
Q

What are the functions of Airservices Australia?

A

AA has the following functions:

  • providing facilities to permit safe navigation of aircraft within Australian-administered airspace;
  • providing the following services, for the purpose of giving effect to the Chicago Convention or otherwise for purposes relating to the safety, regularity or efficiency of air navigation:
    — air traffic services;
    — an aeronautical information service;
    — rescue and fire fighting services;
    — a search and rescue service;
    — an aeronautical radio navigation service;
    — an aeronautical telecommunications service;
  • cooperating with the Bureau of Air Safety Investigation in relation to the investigation of aircraft accidents and incidents;
  • carrying out activities to protect the environment from the effects of, and the effects associated with, the operation of Commonwealth jurisdiction aircraft;
  • any functions prescribed by the regulations in relation to the effects of, and effects associated with, the operation of Commonwealth jurisdiction aircraft;
  • any functions conferred on AA under the Air Navigation Act 1920;
  • any other functions prescribed by the regulations, being functions relating to any of the matters referred to in this subsection;
  • providing consultancy services and management services relating to any of the matters referred to in this subsection;
  • any functions incidental to any of the above functions.
90
Q

List three of CASA’s functions.

A
  1. Conducting the safety regulation of civil air operations in Australian territory.
  2. Comprehensive safety education and training programs.
  3. Cooperating with the ATSB in relation to investigations under the TSI Act 2003 that relate to aircraft
91
Q

List three functions of Airservices Australia

A

Providing facilities to permit safe navigation of aircraft within Australian-administered airspace;

Providing the following services, for the purpose of giving effect to the Chicago Convention or otherwise for purposes relating to the safety, regularity or efficiency of air navigation

Cooperating with the Bureau of Air Safety Investigation in relation to the investigation of aircraft accidents and incidents;

Carrying out activities to protect the environment from the effects of, and the effects associated with, the operation of Commonwealth jurisdiction aircraft;

Any functions prescribed by the regulations in relation to the effects of, and effects associated with, the operation of Commonwealth jurisdiction aircraft;

Any functions conferred on AA under the Air Navigation Act 1920;

Any other functions prescribed by the regulations, being functions relating to any of the matters referred to in this subsection;

Providing consultancy services and management services relating to any of the matters referred to in this subsection;

Any functions incidental to any of the above functions.

92
Q

Can the ATSB investigate any transport incident or accident ?

A

Yes

93
Q

Can the ATSB discontinue an investigation once started and if so, under what conditions?

A

Yes. For any reason.

The only condition is that the ATSB must, within 28 days of discontinuing the investigation, make publicly available, by electronic or other means, a statement setting out the reasons for discontinuing the investigation.

94
Q

What is the penalty for hindering an ATSB investigation?

A

12 months imprisonment

95
Q

List the services provided by Airservices

A
  1. Air Traffic Service
  2. Aeronautical Information Service
  3. Rescue and Fire Fighting Service
  4. Search and Rescue Service
  5. An Aeronautical Radio Navigation Service
  6. An Aeronautical Telecommunications Service
96
Q

What is the youngest age someone can hold an aeronautical radio operator certificate?

A

17 years old

97
Q

Who issues aeronautical radio operator’s certificates?

A

CASA

98
Q

What is the minimum ICAO English language proficiency level required for Aviation English proficiency (AEL)?

A

Level 4

99
Q

What is the penalty for not telling a DAME or CASA that you have a condition that impairs your ability for greater than 30 days?

A

50 penalty units

100
Q

Where must an ATS provider include details of the recency and currency program.

A

Within its operations manual.

Aviation Legislation (4 decks)

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