1. AERODROME CERTIFICATION COURSE
Regulatory systems for
aerodrome certification
Previously I mentioned that to achieve aerodrome certification a two prong approach was usually adopted, and that a regulatory framework was one of the essentials, the other being a requirement for an aerodrome manual.
I would now like to examine what makes a sound regulatory framework for our purposes by describing a model of air law.
The model to be described indicates one way of achieving a framework and has been produced as a guide. It draws from the ICAO Manual on Aerodrome Certification,and reflects quite accurately the principles that have been tried and tested, and adopted by major national aviation administrations e.g. USA, UK and Canada, - Australia is in the process of updating it’s rules to match.
Nevertheless it is recognised that States have their own national laws and regulations and may wish to develop aviation safety rules to suit their own style and customs and individual requirements.
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ICAO COSCAP - SA May 2002

2. AERODROME CERTIFICATION COURSE
Regulatory systems for
aerodrome certification
MODEL AIR LAW
The model air law which the COSCAP - SA team has developed and which I will present to you encapsulates all the principles generally considered necessary for a regulatory system designed to accommodate aerodrome certification requirements and be able to implement the necessary processes for implementation.
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ICAO COSCAP - SA May 2002

3. AERODROME CERTIFICATION COURSE
MODEL AIR LAW
States generally regulate civil aviation by specific statutes, and with an overarching aim of establishing, maintaining and enhancing aviation activity.
Usually a definite emphasis is placed on preventing accidents and incidents as these are the primary indicators of the safety health of the aviation industry.
Air law frameworks are usually structured in a tiered manner of several levels
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ICAO COSCAP - SA May 2002

4. AERODROME CERTIFICATION COURSE
MODEL AIR LAW
Highest level - an Act, Ordinance or similar
Secondary level Regulations and the like
Supplementary level standards, orders, guidance and advisory material
Air law frameworks are usually structured in a tiered manner of several levels - 2 ,3 or more level models exist.
This model has a three level hierarchial structure, starting with the highest level of Act/Ordinanc/Decree, depending on the individual State government mechanisms.
The high level law is then followed by a set of regulations,
And the regulations are often supplemented by subsidiary material - standards, orders, etc
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ICAO COSCAP - SA May 2002

5. AERODROME CERTIFICATION COURSE
MODEL AIR LAW
highest level legislation
establishes the office, powers and functions of the national aviation authority (CAA)
At the highest level of legislation the statutes usually establish the office of the regulator - which I will call the CAA - by way of proclamation at a high political or executive level.
This legislation will normally describe the structure (Dept of State, Authority, or as appropriate) of the CAA and its powers and functions , things such as being able to make and enforce regulations, able to give enforceable directions, enable staff of the CAA to have a right of entry and perhaps be able to deal with land zoning and land use on and around aerodromes.
Within the high level legislation, definitions for widely used aviation terms may be provided provided.
The legislation will normally enumerate the broad functions of the CAA eg develop safety standards, ensure compliance with those standards, issue permissions, (being licenses, certificates, registrations, permits and the like), conduct industry surveillance, assess safety decisions taken by industry management, review the system of aviation safety and assess safety trends and risk factors, provide aviation safety education and advice are all typical broad functions that may be attributed to a CAA in its establishing Act (or similar).
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ICAO COSCAP - SA May 2002

6. AERODROME CERTIFICATION COURSE
MODEL AIR LAW
highest level legislation
establishes the office, powers and functions of the national aviation authority (CAA)
may limit the regulators powers
The powers of the regulator may be limited under legislation. For example the Minister may reserve the right to give directions of a political nature, perhaps in terms of service delivery standards. This type of restriction is more common where the regulator is not a Department of State
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ICAO COSCAP - SA May 2002

7. AERODROME CERTIFICATION COURSE
MODEL AIR LAW
highest level legislation
establishes the office, powers and functions of the national aviation authority (CAA)
may limit the regulators powers
may call for environmental considerations and consultation with changes.
Aviation legislation is evolving to adapt to technological advances and environmental concerns. Modern legislation is being drafted to consider matters beyond the purely technical improvements that are being made.
For example under Australian law, while safety is paramount in aviation decision making, the environment has to be protected, to the extent possible, from the effects of aviation activities.
And additionally, consultation is required for regulatory changes as per this example
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ICAO COSCAP - SA May 2002

8. The Commonwealth Government requires all Commonwealth Departments and Agencies to prepare a Regulation Impact Statement (RIS) to accompany any regulation that impacts on business. This ensures that all Commonwealth Departments and Agencies adopt best practice processes for developing and amending legislation.
The RIS is an analytical tool designed to improve the formulation, review and reform of CASA regulation policy. It provides valuable information to the Government, Parliament and the public about the options for implementing civil aviation regulatory measures.
Source : CASA Australia Standards Development Manual, version 1.1 October 2001.
And I was interested to read an article by Dr Laveesh Bhandari published recently in ROTOR INDIA where he stated ..
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ICAO COSCAP - SA May 2002

9. Aviation safety is only possible if, among other things, the regulator
“ … creates an environment where the views of the industry are expressed openly and taken into consideration.”
Dr L Bhandari, ROTOR INDIA Vol 1/issue 3/ QE 3 March 2002
So to summarize about higher level legislation
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ICAO COSCAP - SA May 2002

10. AERODROME CERTIFICATION SEMINAR
MODEL AIR LAW
highest level legislation
establishes the office, powers and functions of the national aviation authority (CAA)
may limit the regulators powers
may call for environmental considerations and consultation with changes.
Model air law has several tiers where the highest level is usually in the form of a determination of the Government for the purpose of regulating civil aviation.
The highest level characteristically provides for establishing the office of the regulator and prescribes its powers and functions. It may impose some limits on the CAA and may call for environmental considerations and consultative mechanisms.
Legislation may address other concerns and be exceedingly complex but for the purposes of ad cert it is sufficient to have a basic understanding of the role it plays in regard to establishing the regulatory framework.
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break the session here, or
continue to regulatory framework - model regulations section with
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ICAO COSCAP - SA May 2002