Chapter 1: Introduction

Section 1.1: General

1.1.1 Background

1.1.1.1 This Manual of Standards is made under regulation 172.022 in Part 172 of the Civil Aviation Safety Regulations 1998. Part 172 refers to the standards and methods to be used in regulating:

(a) how an entity becomes an ATS service provider, and includes:

(i) the functions of ATS providers;

(ii) who can provide these services;

(b) what is required to accompany an application for an ATS Provider’s Certificate;

(c) the requirements and standards for compliance, including:

(i) the Operations Manual;

(ii) aircraft separation;

(iii) the provider’s organisation, facilities and equipment, personnel, and check and training system, interface arrangements, safety management system and records; and

(d) discontinuance of the service.

1.1.2 Document Set

1.1.2.1 The document hierarchy consists of:

(a) the Civil Aviation Act 1988 (the Act); and

(b) the Civil Aviation Safety Regulations 1998 (CASRs); and

(c) this Manual of Standards (MOS); and

(d) Advisory Circulars (ACs).

1.1.2.2 The Act establishes the Civil Aviation Safety Authority (CASA) with functions relating to civil aviation, in particular the safety of civil aviation, and related purposes.

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 legislative instrument. This means that it is a legislative instrument that becomes effective following registration on the Federal Register of Legislative Instruments (FRLI). It must be tabled in both Houses of Parliament within 6 sitting days following registration and is subject to scrutiny and disallowance by Parliament.

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.

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

1.1.2.7 ACs are intended to provide recommendations and guidance to illustrate a means, but not necessarily the only means of complying with the Regulations. ACs may explain certain regulatory requirements by providing interpretive and explanatory materials. It is expected that service providers will document internal actions in their own operational manuals, to put into effect those, or similarly adequate, practices.

1.1.3 Differences Between ICAO Standards and those in MOS

1.1.3.1 Notwithstanding the above, where there is a difference between a standard prescribed in ICAO documents and the Manual of Standards (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 Supplement.

1.1.5 MOS Documentation Change Management

1.1.5.1 The Air Transport Operations Group has responsibility for the technical content of this MOS.

1.1.5.2 This MOS is issued, and may only be amended, under the authority of the CEO and Director of Aviation Safety of CASA.

1.1.5.3 Suggested changes to this MOS may be given to the Head, Regulatory Development Branch, Legal Services Group (see contact details in the Foreword).

1.1.5.4 Requests for any change to the content of this MOS may come from:

(a) technical areas within CASA; or

(b) aviation industry service providers or operators; or

(c) individuals or authorisation holders.

1.1.5.5 The need to change standards in this MOS may arise for any of the following reasons:

(a) to ensure safety;

(b) to ensure standardisation;

(c) to respond to changed CASA standards;

(d) to respond to ICAO prescription;

(e) to accommodate proposed initiatives or new technologies.

1.1.5.6 CASA may approve trials of new procedures or technologies to develop appropriate standards.

1.1.6 Related Documents

1.1.6.1 These standards should be read in conjunction with:

(a) CASR Part 172;

(b) ICAO Annex 10 – Aeronautical Telecommunications, Volume II – Communications Procedures;

(c) ICAO Annex 11 – Air Traffic Services;

(d) ICAO Annex 15 – Aeronautical Information Services;

(e) ICAO Air Traffic Services Planning Manual (Doc 9426);

(f) ICAO Procedures for Air Navigation Services – Air Traffic Management (PANS-ATM) (Doc 4444);

(g) ICAO Regional Supplementary Procedures (Doc 7030);

(h) Australian Aeronautical Information Publication (AIP);

(i) Australian Aeronautical Information Publication (AIP) Supplement.

Section 1.2: Abbreviations and Definitions

1.2.1 Abbreviations

1.2.1.1 Unless otherwise stated, abbreviations in this MOS have the meanings given in the AIP or as follows:

1.2.2 Definitions

1.2.2.1 Unless otherwise stated, words in this MOS have the meanings given in the AIP or as follows:

1.2.2.2 In addition, see section 4.02 for other definitions in this instrument of words and phrases appearing in Chapter 4 (Fatigue Management).