(1) This instrument is the Part 139 (Aerodromes) Manual of Standards 2019.
(2) This instrument may also be cited as the Part 139 MOS.
(3) In this instrument, unless the contrary intention appears, references to “the MOS” or “this MOS” are references to the Part 139 MOS.
1.02 Commencement
This MOS commences immediately after the commencement of the Civil Aviation Safety Amendment (Part 139) Regulations 2019.
Note New Subparts 139.A to 139.F of CASR are contained in the Civil Aviation Safety Amendment (Part 139) Regulations 2019.
1.03 Purpose
This MOS sets out:
(a) the standards for certified aerodromes; and
(b) in Chapter 22 only — certain standards for all aerodromes.
1.04 Application
This MOS applies only in accordance with Chapter 2.
Note 1 The standards in this MOS are the compliance requirements that must be met for the certification of an aerodrome as a certified aerodrome, or for the continued certification of an aerodrome after an upgrade or replacement of an existing aerodrome facility. When developing new aerodromes, or upgrading or replacing existing facilities, aerodrome operators should consider the aircraft types and operations to be accommodated by the facilities in order to apply the appropriate design, operating and reporting standards for the facility.
Note 2 Without affecting the operation of Chapter 7, for objects or structures which CASA determines are hazardous under regulations 139.175 and 139.180 of CASR, CASA may recommend in writing to the person who owns, or is in occupation or control of, the object or structure that the standards in Chapter 8, Division 10 and Chapter 9, Division 4 should be observed.
1.05 Conflict between this MOS and an incorporated document
Where a provision of this MOS is inconsistent with a provision of an incorporated document the MOS provision takes priority and the incorporated provision applies only insofar as it may do so consistently with the MOS provision.
1.06 Tables, Figures and Notes
In this instrument:
(a) if a numbered Figure, in the form of a drawing, diagram or similar representation, is expressed as illustrating matters, it is guidance that is to be taken into account in interpreting the provision which refers to the Figure; and
(b) if a numbered Figure, in the form of a drawing, diagram or similar representation, is expressed as showing matters, it is to be read with, and may supplement, the information in the provision which refers to the Figure; and
Part Part 1 - Part 139 (Aerodromes) Manual of Standards 2019 - PRELIMINARY | Zoe
(c) a Note provides information and does not contain standards unless the contrary intention is expressed in a provision for the Note.
Note Tables and Figures are not numbered sequentially. For ease of reference, they are numbered by reference to the section or subsection which first refers to the Table or Figure.
1.07 References to ICAO and other documents
(1) In this MOS, unless the contrary intention appears, a reference to an ICAO document (however described) is a reference to the document as in force or existing from time to time.
(2) In this MOS, reference to a numbered ICAO Annex is a reference to the Annex of that number, as in force or existing from time to time, and as contained in the Chicago Convention.
(3) In this MOS, reference to a numbered ICAO Manual is a reference to the Manual of that number, or subsequent version, as in force or existing from time to time and issued by ICAO.
(4) In this MOS, reference to a numbered ICAO Circular is a reference to the Circular of that number, or subsequent version, as in force or existing from time to time and issued by ICAO.
(5) If a provision of this MOS refers to an ICAO document, then, unless the contrary intention appears, the document, as in force or existing from time to time, is taken to be applied, adopted or incorporated for this MOS.
Note 2 A reference to an ICAO document, including an ICAO Annex, which only occurs in a Note to a provision does not have the effect that the document is taken to be applied, adopted or incorporated for this MOS, unless the contrary intention appears. Such references in Notes are to documents which may be used as guidance or background information.
(6) In this section, a reference to any ICAO document is to be taken as a reference to the document as affected by any difference that Australia has filed with ICAO in relation to the document.
Note Details of differences that Australia has filed with ICAO are in Section 1.7 of the Aeronautical Information Publication, General, which may be accessed by navigating from the following link: http://www.airservicesaustralia.com/aip/aip.asp.
(7) In this MOS, a reference to any Federal Aviation Administration (FAA) Advisory Circular is a reference to the document in the version as in force or existing from time to time.
(8) In this MOS, a reference to any CASA Advisory Circular is a reference to the document in the version as in force or existing from time to time.
(9) In this MOS, a reference to any legislative instrument is a reference to the instrument as in force or existing from time to time.
1.08 References to intended, nominated, preferred and “should” in a Note
(1) In this instrument, unless the contrary intention appears, a reference (however formulated) to a matter or thing intended by an aerodrome operator to be for a purpose, is a reference to the operator’s intention as reasonably deduced or inferred from the following:
(a) the operator’s expressed intention (if any);
(b) the nature and factual circumstances of the matter, whether or not any intention is expressed.
(2) In this instrument, unless the contrary intention appears, a reference to a matter or a thing that is nominated means nominated by an aerodrome operator, and the nomination of the matter or thing must be recorded in the aerodrome manual.
(3) In this instrument, unless the contrary intention appears, a reference (however formulated) in a provision or a Table to a matter, thing or value that is preferred means that, as far as practicable, the use of the matter, thing or value is required in priority to another matter, thing or value expressed in the provision or Table, or in a related provision or Table, although the other matter, thing or value expressed must be used or observed if the preferred matter, thing or value is not used because it is impracticable to do so.
Note The preferred outcome is mandated, but if it is impracticable, the prescribed lesser option must still be complied with.
(4) For subsection (3), if the preferred matter, thing or value is not complied with, the aerodrome manual must contain:
(a) a statement to that effect; and
(b) the reasons for non-compliance; and
(c) the alternative matter, thing or value that is complied with.
Note See also paragraph 11.01 (3) (d).
(5) In this instrument, unless the contrary intention appears:
(a) where a maximum value is mentioned for something — that value must not be exceeded; and
(b) where a minimum value is mentioned for something — at least that value must be achieved.
(6) Unless the contrary intention appears, if a Note at the end of a provision states that some matter “should” be the case, the Note is to be read as a CASA recommendation but without affecting the meaning of the relevant provision.
Note CASA recommendations are usually expressly identified as such. Other uses of the word “should” in a Note are usually for the purpose of assisting readers to understand the meaning of the related provision.
1.09 Table of Contents
The Table of Contents at the front of this MOS is not part of this instrument. It is for guidance only and may be modified or edited in any published version of this instrument.