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

Link to law: https://www.comlaw.gov.au/Details/F2014L01506

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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.
1.1.1.2     The 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.
1.1.1.3     The 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.
1.1.1.4     Except where otherwise stated, the standards set out in this MOS are for certified aerodromes.
1.1.1.5     The 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.
1.1.1.6     Subject 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.
1.1.1.7     To avoid doubt, except in relation to the effects of Subpart 139.D (reporting officers and safety inspections), this MOS does not affect ALAs.
1.1.1.8     The 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.
1.1.1.9     The 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
omit
Aviation Safety Standards Division
insert
Flight Standards Branch, Standards Division
[3]       Paragraph 1.1.5.2
omit
and Chief Executive Officer
[4]       Paragraph 1.1.5.3
omit
Head, Standards Administration and Support Branch, Aviation Safety Standards Division
insert
Manager, Air Traffic Management System Standards Section, Standards Division of CASA
[5]       Subparagraph 1.1.6.1 (d)
omit
[6]       Section 1.2, Definitions
insert before the table
    1.2.1     Unless the contrary intention appears, the following definitions apply for this MOS:
[7]       Subsection 1.2.1, Definitions
insert
AEI
The official publication known as Airways Engineering Instructions issued:
(a)   by CASA or its predecessors, before the RPA was first issued; or
(b)   otherwise by or under the authority of the Commonwealth.

Aerodrome facility
Any of the following at an aerodrome, or in or on something at an aerodrome, for which standards are provided by the MOS: surfaces, infrastructure; structures; buildings; installations; stations; systems; equipment; earthing points; cables; lighting; signage; markings.

Air transport operations
Charter operations, or regular public transport operations, within the meaning of paragraphs 2 (7) (b) and (c), respectively, of the Civil Aviation Regulations 1988.

ALA
Aircraft landing area, being an area for the landing, movement and take-off of aircraft that is not a certified or registered aerodrome.

APEI
The official publication known as Airport Engineering Instructions issued:
(a)   by CASA or its predecessors, before the RPA was first issued; or
(b)   otherwise by or under the authority of the Commonwealth.

API
The official publication known as Airport Instructions issued:
(a)   by CASA or its predecessors, before the RPA was first issued; or
(b)   otherwise by or under the authority of the Commonwealth.

Apron taxiway
A portion of a taxiway system located on an apron and intended to provide a through taxi route for aircraft across the apron to another part of the taxiway system.

Charter operations
Charter operations has the meaning given by paragraph 2 (7) (b) of the Civil Aviation Regulations 1988.

Exit taxiway
A taxiway connected to a runway to enable landing aeroplanes to turn off the runway.

Other aerodrome facility standard
For an aerodrome facility that does not comply with the standards set out in the MOS, the RPA, the AEI, the APEI, or the API, means:
(a)   the standard, procedure or practice (the SPP) to which the aerodrome facility was designed and constructed, being an SPP which, at the time, was required by the Commonwealth to be complied with for the design and construction of the aerodrome facility; or
(b)   where CASA is satisfied that the SPP to which the aerodrome facility was designed and constructed is an historical SPP that can no longer be identified with certainty — an SPP specified in writing by CASA, following consultation with the aerodrome operator, as the standard to which, on the basis of its current characteristics, the aerodrome facility was probably designed and constructed.

Rapid exit taxiway
A taxiway connected to a runway at an acute angle, designed and intended to allow landing aeroplanes to turn off the runway at higher speeds than are achieved on exit taxiways, thereby minimizing runway occupancy times.

Regular public transport operations
Regular public transport operations has the meaning given by paragraph 2 (7) (c) of the Civil Aviation Regulations 1988.

RESA
Runway end safety area.

RPA
The official publication known as Rules and Practices for Aerodromes issued:
(a)   by CASA or its predecessors, before the Manual of Standards (MOS) — Part 139 Aerodromes was first issued; or
(b)   otherwise by or under the authority of the Commonwealth.

Taxilane
A portion of an apron that is not a taxiway and that is provided only for aircraft to access aircraft parking positions.

Taxiway system
A number of interconnecting taxiways.

Upgrade (for an aerodrome facility)
1.  Any change to, or improvement of, the facility that allows it to do 1 or more of the following:
      (a)  accommodate the parking, holding, movement or operation of larger or heavier aircraft, or aircraft modified to carry more passengers or freight;
     (b)  accommodate the parking, holding, movement or operation of more aircraft;
      (c)  be used by aircraft flying under changed approach conditions, for example, a change:
              (i)   from non-instrument to non-precision instrument; or
             (ii)   from non-precision instrument to precision instrument; or
            (iii)   from precision category I to category II or III;
     (d)  accommodate aircraft take-offs and aerodrome surface movements in RVR conditions of less than 550 m.
2.  The replacement of any aerodrome facility that does not comply with the standards for the facility in this MOS.
Note:     The upgrade of a particular non-compliant aerodrome facility is the trigger for that particular non-compliant facility to be brought into compliance with the relevant MOS standards. Since the timing and budgeting of an upgrade is usually under the aerodrome operator’s control, so too is the timing of works necessary to bring the non-compliant facility into compliance with the MOS.

[8]       Subsection 1.2.1, definition of Critical aeroplane
omit
[9]       Subsection 1.2.1, definition of Taxiway
substitute
Taxiway
A defined path on an aerodrome on land, established for the taxiing of aircraft from one part of an aerodrome to another. A taxiway includes an apron taxiway and a rapid exit taxiway.
Note:     Apron taxiway, exit taxiway, rapid exit taxiway, taxilane and taxiway system are also defined terms.
[10]     After subsection 1.2.1
insert
    1.2.2     Despite 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).
    1.2.3     Despite 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
omit
[12]     Paragraph 2.1.1.2
omit
land
[13]     Paragraph 2.1.1.3
omit
[14]     Paragraph 2.1.2.1
omit
[15]     Paragraph 2.1.2.2
substitute
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.
Note:  See the definition of upgrade in subsection 1.2.1, Definitions. The reconfiguring of an existing facility (including, for example, an apron) to cater for more or larger aircraft constitutes an upgrade.
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
substitute
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.
Note:  As part of the audit of an aerodrome operator, CASA may require the operator to supply evidence showing past and current bona fide efforts to implement the plan and timescale
[17]     After paragraph 2.1.2.3
insert
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
substitute
2.1.2.4     A 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
substitute
2.1.3.1     An 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
substitute
2.1.3.2     An 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.
Note:  This deeming provision will be superseded in due course by a Civil Aviation Legislation Amendment Regulation to expressly require exemptions from a Manual of Standards to be in accordance with Part 11 of CASR 1998.
[21]     Paragraph 2.1.3.3
substitute
2.1.3.3     If 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.
Note:  The purpose of such qualifying phrases is to recognise that sometimes compliance with particular standards is not possible in some circumstances. The purpose of paragraph 2.1.3.3 is to ensure that it is CASA, not an aerodrome operator, who decides whether the qualifying circumstances exist.
[22]     Paragraph 2.1.5.1
omit all words after
combination of the two Code elements.
insert
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
omit
shall be determined from column 1 of the table below
insert
shall be determined by the aerodrome operator from column 1 of Table 2.1-1
[24]     Paragraph 2.1.5.3
substitute
2.1.5.3     The 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
omit
[26]     Subsection 2.1.8
omit
[27]     Subsection 2.1.9
omit
[28]     Subsection 3.1.7 (including the Note)
omit
[29]     Paragraph 5.1.3.9 (including the Note and Table 5.1-1)
omit
[30]     Paragraph 6.1.1.1
add at the end
Note:     The standards in this Chapter are intended for the planning and construction of new aerodrome facilities rather than to limit the operations of aeroplanes.
[31]     Paragraph 6.1.1.5
omit
[32]     Paragraph 6.1.1.6
omit
[33]     Paragraph 6.2.3.1, Table 6.2-1, Code Number
omit
1a
insert
1
[34]     Paragraph 6.2.3.1, Table 6.2-1, Note 1
omit
[35]     Paragraph 6.2.3.1A (including the Note)
omit
[36]     Paragraph 6.2.9.3
substitute
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
Surface
Runway
Runway strip

Sealed surface
After compaction, the surface is to be swept clean of loose stones
N/A

Maximum height of grass:
 
 

Sparse
450 mm
600 mm

Medium
300 mm
450 mm

Dense
150 mm
300 mm

Maximum size of loose stones:
 
 

Isolated stones on natural surface
25 mm
50 mm

Constructed gravel surface
25 mm
75 mm

Maximum size of surface cracks
40 mm
75 mm

Note:   An empirical test for runway riding quality is to drive a stiffly sprung vehicle such as a medium size utility or unladen truck along the runway at not less than 65 kph. If the ride is uncomfortable, then the surface needs to be graded and levelled.

[37]     Paragraph 6.2.11.3
omit
[38]     Paragraph 6.2.18.1, Table 6.2-5, Aerodrome reference code
omit
1 a b
insert
1 b
[39]     Paragraph 6.2.18.1, Table 6.2-5, Footnote a
omit
[40]     Paragraph 6.2.18.2, Table 6.2-6
substitute
Table 6.2‑6: Runway strip width for non-precision approach runways
Aerodrome reference code
Overall runway strip width

1 or 2
90 m

3 (where the runway width is 30 m)
150 m

3 or 4 (where the runway width is 45 m or more)
300 m

[41]     Paragraph 6.2.18.3, Table 6.2-7, Note 1
omit
[42]     Paragraph 6.2.23.4
substitute
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
omit
critical aircraft,
insert
aircraft that the facility is intended to serve,
[44]     Subparagraph 6.3.1.1A (c)
omit
6.3.1.1A
insert
6.3.9.1A
[45]     After subsection 6.5.2
insert
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
substitute
6.7.1.1     Where 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.
Note:  Movement for an aircraft is defined in section 1.2 as either a take-off or a landing by the aircraft.
[47]     Paragraph 7.1.7.2, the Note
omit
[48]     Paragraph 8.2.2.3
omit
(See Chapter 13)
[49]     Paragraph 8.5.28.1
omit
critical aircraft,
insert
aircraft that the facility is intended to serve,
[50]     Paragraph 8.5.28.1, Figure 8.5-24
omit
critical A/C
insert
aircraft
[51]     Paragraph 8.6.13.2
omit
the most critical
insert
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)
substitute
(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)
substitute
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
add at the end
Note:  However, operators of registered aerodromes should consider developing an aerodrome manual similar to that required of certified aerodrome operators in order to keep all relevant aerodrome information and documentation in 1 volume. For details that could be included in such a manual, see regulation 139.095 of CASR 1998.
[56]     After paragraph 12.1.1.2
insert
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
omit