I, terence LINDSAY farquharson, Acting Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 139.015 of the Civil Aviation Safety Regulations 1998.

[Signed T. Farquharson]

Terry Farquharson
Acting Director of Aviation Safety

6 November 2014

Manual of Standards Part 139 Amendment Instrument 2014 (No. 1)

1 Name of instrument

 This instrument is the Manual of Standards Part 139 Amendment Instrument 2014 (No. 1).

2 Commencement

 This instrument commences on 13 November 2014.

3 Amendment of the Manual of Standards Part 139

 Schedule 1 amends the Manual of Standards (MOS) — Part 139 Aerodromes.

Schedule 1 Amendments

[1] Subsection 1.1.1

substitute

1.1.1 Background and scope

 1.1.1.1 Under section 3 of the Civil Aviation Act 1988, an aerodrome is an area authorised by the regulations for use as an aerodrome. Paragraph 92 (1) (b) of the Civil Aviation Regulations 1988 has the effect of authorising a place for use as an aerodrome if it is certified or registered under Part 139 of the Civil Aviation Safety Regulations 1998 (CASR 1998). This document is the Manual of Standards (MOS) — Part 139 Aerodromes (the MOS) made under regulation 139.015 of CASR 1998. Together with Part 139 of CASR 1998, it sets out certain standards for certified aerodromes, registered aerodromes, and other aircraft landing areas where aircraft arrive, depart or move that are not certified or registered (ALAs). Aerodrome safety is a vital link in aviation safety and the applicable provisions of the MOS must be complied with to ensure aviation safety.

 1.1.1.2The effect of regulation 139.030 of CASR 1998 is that a place with a terminal instrument flight procedure (other than for specialised helicopter operations) must be a certified aerodrome or a registered aerodrome.

 1.1.1.3The effect of regulation 139.040 of CASR 1998 is that a place with a runway suitable and available for use by air transport operations aircraft having a maximum passenger seating capacity of more than 30 seats, or a maximum carrying capacity of more than 3 400 kg, must be a certified aerodrome.

 1.1.1.4Except where otherwise stated, the standards set out in this MOS are for certified aerodromes.

 1.1.1.5The standards for registered aerodromes are:

(a) for those matters mentioned in paragraph 139.295 (a) of CASR 1998 — the standards set out in this MOS for certified aerodromes; and

(b) any other standards stated by this MOS to be applicable to registered aerodromes.

 1.1.1.6Subject to regulation 139.040 of CASR 1998, nothing in this MOS prevents an ALA being certified as a certified aerodrome, or registered as a registered aerodrome, if the applicable requirements of Part 139 of CASR 1998 and this MOS are complied with.

 1.1.1.7To avoid doubt, except in relation to the effects of Subpart 139.D (reporting officers and safety inspections), this MOS does not affect ALAs.

 1.1.1.8The effect of Subpart 139.D of CASR 1998 is that when an aircraft with a maximum passenger seating capacity of more than 9 but not more than 30 seats uses an ALA at least once a week for regular public transport operations, the operator of the ALA must conduct safety inspections, and have at least 1 reporting officer who:

(a) is trained in accordance with the provisions of the MOS for reporting officers; and

(b) monitors the serviceability of the ALA in accordance with the provisions of the MOS for such monitoring.

 1.1.1.9The effect of Subpart 139.E of CASR 1998 is that all operators of certified and registered aerodromes must ensure the following:

(a) that airspace monitoring around the aerodrome is in accordance with the MOS for such monitoring;

(b) that obstacle limitation surfaces are established in accordance with the provisions of the MOS for obstacle limitation surfaces.

1.1.1.10 The effect of Subpart 139.F of CASR 1998 is that all operators of certified aerodromes and registered aerodromes must ensure that frequency confirmation systems and air/ground radio services comply with the provisions of the MOS for frequency confirmation systems and air/ground radio services.

 1.1.1.11 Appendices and tables form part of this MOS. Where this MOS incorporates by reference standards from other documents, the incorporated standards become part of this MOS.

 1.1.1.12 Other information and guidance concerning aerodromes and ALAs may be contained in Advisory Circulars.

 1.1.1.13 Standards in this MOS to prevent animals and people from inadvertently entering a movement area are for aviation safety purposes only.

 1.1.1.14 This MOS does not deal with aviation security (that is, protection from acts of unlawful interference).

1.1.1.15 Notes in the MOS may provide information, explanations or references. A Note is not part of the standard.

[2] Paragraph 1.1.5.1

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Aviation Safety Standards Division

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Flight Standards Branch, Standards Division

[3] Paragraph 1.1.5.2

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and Chief Executive Officer

[4] Paragraph 1.1.5.3

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Head, Standards Administration and Support Branch, Aviation Safety Standards Division

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Manager, Air Traffic Management System Standards Section, Standards Division of CASA

[5] Subparagraph 1.1.6.1 (d)

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[6] Section 1.2, Definitions

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 1.2.1Unless the contrary intention appears, the following definitions apply for this MOS:

[7] Subsection 1.2.1, Definitions

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[8] Subsection 1.2.1, definition of Critical aeroplane

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[9] Subsection 1.2.1, definition of Taxiway

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[10] After subsection 1.2.1

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 1.2.2Despite the meaning of runway in the table in subsection 1.2.1, where a provision of this MOS refers, expressly or by implication, to the upgrade of an aerodrome facility that is a runway, the reference is taken to include any 1 or more of the following:

(a) the runway proper;

(b) the runway strip;

(c) the RESA;

(d) the clearway and the stopway (if provided).

 1.2.3Despite the meaning of taxiway in the table in subsection 1.2.1, where a provision of this MOS refers, expressly or by implication, to the upgrade of an aerodrome facility that is a taxiway, the reference is taken to include any 1 or more of the following:

(a) the taxiway proper;

(b) the taxiway strip.

[11] Paragraph 2.1.1.1

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[12] Paragraph 2.1.1.2

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land

[13] Paragraph 2.1.1.3

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[14] Paragraph 2.1.2.1

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[15] Paragraph 2.1.2.2

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 2.1.2.2 An existing facility at an aerodrome, other than a certified aerodrome, that does not meet the standards set out in this MOS may continue to meet the Standards that applied to the facility when it was first introduced or last upgraded (as the case may be) until:

(a) the facility is replaced or again upgraded (as the case may be); or

(b) CASA directs in writing that, in the interests of aviation safety, the facility must comply with the standards specified in this MOS.

 2.1.2.2A For paragraph 2.1.2.2, Standards means the standards set out in the version of the MOS, RPA, AEI, APEI, API, or other aerodrome facility standard that applied to the facility when it was first introduced or last upgraded (as the case may be).

[16] Paragraph 2.1.2.3

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 2.1.2.3 The operator of a certified aerodrome is not required to modify an existing aerodrome facility (a non-compliant facility) so that it complies with this MOS until the facility is replaced or upgraded. However, until it is replaced or upgraded, details of the non-compliant facility must be recorded in the Aerodrome Manual, including:

(a) identification of the facility; and

(b) the date or period when the facility was first introduced or last upgraded (as the case may be); and

(c) a description of, or documented evidence of, the standard with which the facility complies, including a supporting reference to the version and date of the MOS, RPA, AEI, APEI, API or other aerodrome facility standard embodying the standard with which the facility complies; and

(d) details of the plans and timescale for replacing or upgrading the facility so that it complies with this MOS.

[17] After paragraph 2.1.2.3

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 2.1.2.3A The operator of a registered aerodrome is not required to modify an existing aerodrome facility (a non-compliant facility) so that it complies with this MOS until the facility is replaced or upgraded. However, until it is replaced or upgraded, details of the non-compliant facility must be recorded in accordance with paragraph 12.1.1.2A.

[18] Paragraph 2.1.2.4

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 2.1.2.4A new facility that is brought into operation, and an existing facility that is replaced or upgraded, must comply with the standards in this MOS.

[19] Paragraph 2.1.3.1

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 2.1.3.1An exemption granted in relation to an existing facility continues to apply until its expiry date, unless sooner revoked by CASA in the interests of aviation safety.

[20] Paragraph 2.1.3.2

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 2.1.3.2An application for an exemption from any standard in this MOS must:

(a) be made and dealt with as if Subpart 11.F of CASR 1998 applied to the application; and

(b) include a clear indication of whether, and when, full compliance with the MOS would occur.

[21] Paragraph 2.1.3.3

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 2.1.3.3If a provision of this MOS imposes a standard subject to a qualifying phrase, such as “if practicable”, “where physically practicable”, or “where determined necessary”, the standard applies despite the qualifying phrase unless CASA has granted an exemption from the standard.

[22] Paragraph 2.1.5.1

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combination of the two Code elements.

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The Code letter or number within an element selected for design purposes is related to the characteristics of the aeroplane types for which the facility is intended.

[23] Paragraph 2.1.5.2

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shall be determined from column 1 of the table below

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shall be determined by the aerodrome operator from column 1 of Table 2.1-1

[24] Paragraph 2.1.5.3

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 2.1.5.3The Code letter for element 2 shall be determined by the aerodrome operator from column 3 of Table 2.1-1. Subject to paragraph 2.1.5.3A, the Code letter corresponds to the greatest wingspan or the greatest outer main gear wheel span, whichever gives the more demanding Code letter, of the aeroplanes for which the facility is intended to be selected.

 2.1.5.3A The Code letter is D where:

(a) all the aeroplanes for which the facility is intended to be selected have a wingspan that is less than 52 m; and

(b) an aeroplane for which the facility is intended to be selected has an outer main gear wheel span that is at least 9 m but less than 14 m.

[25] Subsection 2.1.6

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[26] Subsection 2.1.8

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[27] Subsection 2.1.9

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[28] Subsection 3.1.7 (including the Note)

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[29] Paragraph 5.1.3.9 (including the Note and Table 5.1-1)

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[30] Paragraph 6.1.1.1

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[31] Paragraph 6.1.1.5

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[32] Paragraph 6.1.1.6

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[33] Paragraph 6.2.3.1, Table 6.2-1, Code Number

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1a

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1

[34] Paragraph 6.2.3.1, Table 6.2-1, Note 1

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[35] Paragraph 6.2.3.1A (including the Note)

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[36] Paragraph 6.2.9.3

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The runway surface standards for grass, gravel or natural runways are as set out in Table 6.2-4A. However, the runway surface must not have irregularities which would adversely affect the take-off or landing of an aircraft.

Table 6.2-4A

[37] Paragraph 6.2.11.3

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[38] Paragraph 6.2.18.1, Table 6.2-5, Aerodrome reference code

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1 a b

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1 b

[39] Paragraph 6.2.18.1, Table 6.2-5, Footnote a

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[40] Paragraph 6.2.18.2, Table 6.2-6

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Table 6.2‑6: Runway strip width for non-precision approach runways

[41] Paragraph 6.2.18.3, Table 6.2-7, Note 1

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[42] Paragraph 6.2.23.4

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6.2.23.4 Runway strip surface standards are the same as those set out in Table 6.2-4A.

[43] Paragraph 6.2.39.1

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critical aircraft,

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aircraft that the facility is intended to serve,

[44] Subparagraph 6.3.1.1A (c)

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6.3.1.1A

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6.3.9.1A

[45] After subsection 6.5.2

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6.5.2A Alternative aircraft parking position separation

 6.5.2A.1 If:

(a) physical constraints prevent proposed aircraft parking positions (the positions) from complying with the separation distances set out in subsection 6.5.2; and

(b) the aerodrome operator:

 (i) designs the positions in accordance with Part 2 of the ICAO Aerodrome Design Manual; and

 (ii) submits the design to CASA with a safety case and an application for approval of the design and the safety case; and

(c) CASA in writing, with or without conditions, approves the design and the safety case;

 then:

(d) the standards in subsection 6.5.2 that are specified in the CASA approval are taken not to apply to the operator; and

(e) the approved design and safety case, and the conditions of the approval (if any), are taken to be the applicable standards for the positions.

[46] Paragraph 6.7.1.1

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 6.7.1.1Where the physical characteristics of the site allow it, and where the expected number of powered aircraft movements does not exceed 10 000 per annum, the glider runway strip may be located within an existing runway strip.

[47] Paragraph 7.1.7.2, the Note

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[48] Paragraph 8.2.2.3

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(See Chapter 13)

[49] Paragraph 8.5.28.1

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critical aircraft,

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aircraft that the facility is intended to serve,

[50] Paragraph 8.5.28.1, Figure 8.5-24

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critical A/C

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aircraft

[51] Paragraph 8.6.13.2

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the most critical

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any

[52] Paragraph 8.11.5.2

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the critical aircraft

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the pilot of an aircraft

[53] Subparagraph 9.1.1.2 (c) (except the Notes)

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(c) Upgrade of a facility has the same meaning as Upgrade (for an aerodrome facility) in Section 1.2.

[54] Paragraph 10.15.5.1 (except the Note)

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10.15.5.1 Surface standards for natural and gravel surface runways and runway strips are the same as those set out in Table 6.2-4A. However, the runway surface must not have irregularities which would adversely affect the take-off or landing of an aircraft.

[55] Paragraph 12.1.1.1

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[56] After paragraph 12.1.1.2

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12.1.1.2A For paragraph 2.1.2.3A, for each non-compliant facility:

(a) the following details must be recorded in an appropriate manual and kept up-to-date:

 (i) identification of the facility;

 (ii) the date or period when the facility was first introduced or last upgraded (as the case may be);

 (iii) a description of the Standards with which the facility complies, including a supporting reference to the version and date of the MOS, RPA, AEI, APEI, API or other aerodrome facility standard which contains this standard;

 (iv) details (if any) of the plans and timescale for replacing or upgrading the facility so that it complies with this MOS; and

(b) the details mentioned in subparagraph (a) must be included in each aerodrome safety inspection report mentioned in subparagraph 12.1.1.2 (c).

12.1.1.2B For paragraph 12.1.1.2A, Standards means the standards set out in the version of the MOS, RPA, AEI, APEI, API or other aerodrome facility standard that applied to the facility when it was first introduced or last upgraded (as the case may be).

[57] Chapter 13: Standards for aerodromes intended for small aeroplanes conducting air transport operations under CASR 121B

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