Get a plain-English read of (d) respond to ICAO prescription;

Turn the raw legal text into a practical explanation grounded in Manual of Standards Part 139H - Standards Applicable to the Provision of Aerodrome Rescue and Fire Fighting Services.

Chapter 1: Introduction

Section 1.1: General

1.1.1 Background

1.1.1.1 The standards pertaining to the provision of Aerodrome Rescue and Fire Fighting Services (ARFFS) reflects Australia’s commitment to the International Civil Aviation Organisation (ICAO) Standards and Recommended Practices (SARPs), especially those stated in ICAO Annex 14, Chapter 9.2.1.

1.1.1.2 Where there is a difference between a standard prescribed in SARPs and a standard prescribed in the Manual of Standards (MOS), the MOS standard prevails.

1.1.1.3 Subpart 139.H of the Civil Aviation Safety Regulations 1998 (CASRs) sets out general standards with which an ARFFS must comply. The MOS sets out the detailed requirements, as authorised by the CASRs.

1.1.2 Document Set

1.1.2.1 The document hierarchy consists of:

(a) the relevant CASRs; and;

(b) the MOS; and

(c) Advisory Circulars (ACs).

1.1.2.2 The regulatory documents establish, for service providers, a comprehensive description of system requirements and the means of meeting them.

1.1.2.3 CASRs establish the regulatory framework (Regulations) within which all service providers must operate.

1.1.2.4 The MOS comprises specifications (Standards) prescribed by CASA, of uniform application, determined to be necessary for the safety of air navigation. In those parts of the MOS where it is necessary to establish the context of standards to assist in their comprehension, the sense of parent regulations has been reiterated. The MOS is a disallowable instrument. This means that it is a legislative instrument that becomes effective on publication in the Government Gazette and it must be tabled in Parliament within fifteen sitting days from when it was made and is subject to scrutiny and disallowance by Parliament.

Note: The Legislative Instruments Act 2003 (LIA), which came into operation on 1 January 2005, replaces the regime referred to in paragraph 1.1.2.4. Upon the commencement of that Act, the MOS will be regarded as a legislative instrument under section 5 of the LIA. Different rules will apply in relation to tabling; publication in the Gazette will be replaced by registration in the Federal Register of Legislative Instruments).Under section 5 of the LIA:A legislative instrument is an instrument in writing:that is of a legislative character; andthat is or was made in the exercise of a power delegated by the Parliament.An instrument is taken to be of a legislative character if:it determines the law or alters the content of the law, rather than applying the law in a particular case; andit has the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right, or varying or removing an obligation or right.

(d) respond to ICAO prescription;(d) respond to ICAO prescription;

Get a plain-English read of (d) respond to ICAO prescription;

Chapter 1: Introduction

Section 1.1: General

1.1.1 Background

1.1.1.1 The standards pertaining to the provision of Aerodrome Rescue and Fire Fighting Services (ARFFS) reflects Australia’s commitment to the International Civil Aviation Organisation (ICAO) Standards and Recommended Practices (SARPs), especially those stated in ICAO Annex 14, Chapter 9.2.1.

1.1.1.2 Where there is a difference between a standard prescribed in SARPs and a standard prescribed in the Manual of Standards (MOS), the MOS standard prevails.

1.1.1.3 Subpart 139.H of the Civil Aviation Safety Regulations 1998 (CASRs) sets out general standards with which an ARFFS must comply. The MOS sets out the detailed requirements, as authorised by the CASRs.

1.1.2 Document Set

1.1.2.1 The document hierarchy consists of:

(a) the relevant CASRs; and;

(b) the MOS; and

(c) Advisory Circulars (ACs).

1.1.2.2 The regulatory documents establish, for service providers, a comprehensive description of system requirements and the means of meeting them.

1.1.2.3 CASRs establish the regulatory framework (Regulations) within which all service providers must operate.

1.1.2.5 Readers should understand that in the circumstance of any perceived disparity of meaning between MOS and CASRs, primacy of intent rests with the regulations. Where there is any inconsistency between the regulations and the MOS, the regulations prevail.

1.1.2.7 Service providers and operators must document internal actions (Rules) in their own operational manuals, to ensure the maintenance of and compliance with standards.

1.1.3 Differences between ICAO Standards and those in MOS

1.1.3.1 Where there is a difference between a standard prescribed in ICAO documents and the MOS, the MOS standard shall prevail.

1.1.4 Differences Published in AIP

1.1.4.1 Differences from ICAO Standards, Recommended Practices and Procedures are published in AIP Gen 1.7.

1.1.5 MOS Documentation Change Management

1.1.5.1 Responsibility for the approval of the publication and amendment of the MOS resides with the Branch Head, Airspace, Air Traffic and Aerodrome Standards Branch, of the Aviation Safety Standards Division, Civil Aviation Safety Authority.

1.1.5.2 This document is issued and amended under the authority of the Branch Head, Airspace, Air Traffic and Aerodrome Standards Branch.

1.1.5.3 Requests for any change to the content of the MOS may be initiated from:

(a) technical areas within CASA;

(b) aviation industry service providers;

(c) other aviation industry service providers.

1.1.5.4 The need to change standards in the MOS may be generated by a number of causes. These may be to:

(a) ensure safety;

(b) ensure standardisation;

(c) respond to changed CASA standards;

(d) respond to ICAO prescription;

(e) accommodate new initiatives or technologies.

1.1.6 Related Documents

1.1.6.1 These standards should be read in conjunction with:

(a) ICAO Annex 14;

(b) Airports Services Manual Part 1;

(c) Australian Standard/ISO-Quality systems model for Quality Assurance in production installation and servicing.