[Peetwo]

CM puts Su_Spence on notice?? -  

Via the AP emails:

Subject: Enquiry CS0022947 has been resolved [SEC=OFFICIAL]

Thank you for contacting us with your enquiry.

Enquiry number CS0022947

Question: This further inquiry relates to my earlier inquiry CS0019386 which resulted in follow-up inquiry CS0019673, which follow-up inquiry has yet to be answered.

The first of my questions in inquiry CS0019386 was: 

"The ERSA entry for The Oaks (YOAS) includes this under the heading "Flight Procedures":  "1.  All CCT to W of AD".  Does the quoted "Flight Procedure" constitute an "instruction" within the meaning of CASR 91.385(1)(b)(i), requiring that any turns be made to the right after joining the circuit for RWY 18 YOAS, thereby implicitly authorising right turns in those circumstances? "

CASA's answer to that question was:

"An aerodrome means an area of land or water (including any buildings, installations and equipment), the use of which as an aerodrome is authorised under the regulations, being such an area intended for use wholly or partly for the arrival, departure or movement of aircraft. Division 3 of Part 1 of the Civil Aviation Act 1988 (the Act) refers.

Subregulation 91.385(1) of the Civil Aviation Safety Regulations 1998 (CASR) applies to all non controlled aerodrome means an aerodrome at which an aerodrome control service is not operating. 

The Oaks Aerodrome, being an uncertified aerodrome and non-controlled, meaning that is subject to change without prior notice and is not subject to Notam action. Pilots and operators must contact the aerodrome operator directly to ensure currency and accuracy of aerodrome information.

Special procedures unique to the aerodrome which pilots would reasonably be expected to know in the interests of aviation safety are notified in the flight procedures section of a particular aerodrome. The Oaks aerodrome have these procedures and are relevant instructions as referred in regulation 91.385 of CASR."

My supplementary question arising from that answer was:  Is CASA's answer to my question a 'yes' or a 'no'?

CASA has yet to answer that question.  Please answer that question. 

My second question in my inquiry CS0019386 was:

"The reason I ask is that it is possible (and lawful) to use RWY 18 at YOAS without conducting any turns in the circuit (i.e. a straight in approach and upwind departure) and, if the intention was that any turns after joining the circuit for RWY 18 must be made to the right, it is difficult to understand why that is not stated plainly in the ERSA entry. 

If the quoted entry does not constitute an "instruction" within the meaning of CASR 91.385(1)(b)(i), requiring that any turns be made to the right after joining the circuit for RWY 18 at YOAS, it would seem to follow that any right turns after joining the circuit for that RWY are contraventions of CASR 91.385(1)." 

CASA's answer to the second question was:

"A straight-in approach is possible unless directed by the aerodrome operator, or unable to meet the requirements of straight-in approach as stated in regulation 91.395 of CASR, complying with the general requirements stated on regulation 91.375 of CASR. Including that a pilot must keep a safe lookout for other traffic to avoid collision and not cause a danger to other aircraft."

My supplementary questions arising from that answer was:  Is CASA suggesting that an aerodrome operator has the power to "direct" matters such as that straight-in approaches not be conducted, even if the straight-in approach would otherwise satisfy CASR 91.375?  If CASA is making that suggestion, what is the source of the aerodrome operator's power to give those "directions"?

CASA has yet to answer to those questions.  Please answer those questions.

Response: For clarity your questions have been summarised prior to each answer.

Question 1: "The ERSA entry for The Oaks (YOAS) includes this under the heading "Flight Procedures": "1. All CCT to W of AD". Does the quoted "Flight Procedure" constitute an "instruction" within the meaning of CASR 91.385(1)(b)(i), requiring that any turns be made to the right after joining the circuit for RWY 18 YOAS, thereby implicitly authorising right turns in those circumstances? "

Answer 1: Yes - it does constitute an instruction - CASA answered this question in the last paragraph of the original response and provided an explanation.

Question 2: The reason I ask is that it is possible (and lawful) to use RWY 18 at YOAS without conducting any turns in the circuit (i.e. a straight in approach and upwind departure).

Answer 2: Yes - it is possible to conduct a straight in approach if the pilot complies with the requirements of regulation 91.395 of CASR, and for an upwind departure, regulation 91.390 of CASR must be complied with.

Question 3: Is CASA suggesting that an aerodrome operator has the power to "direct" matters such as that straight-in approaches not be conducted, even if the straight-in approach would otherwise satisfy CASR 91.375? If CASA is making that suggestion, what is the source of the aerodrome operator's power to give those "directions"?

Answer 3: No - an aerodrome operator may not 'direct' on its own accord prohibiting a straight in approach which would normally be allowable in accordance with regulation 91.395. However, in the interest of safety, an aerodrome operator may request CASA to provide a direction in relation to certain procedures at an aerodrome.

Further information is available in Advisory Circular AC 91-10 – operations in the vicinity of non-controlled aerodromes. Section 7.2 of the AC refers to traffic circuit direction and Section 7.9 refers to straight-in approaches.

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Regards,

CASA\Regulatory Guidance
www.casa.gov.au

MTF me thinks?? - P2