[Peetwo]

Non-compliance with ICAO Annex 14 - Part III.

Moving right along with the NCN list for ICAO Annex 14; I go now to volume 2 of Annex 14 which of course deals with helicopter landing sites or heliports - see HERE. Referring to the ASA GEN 1.7 list for the notified differences for Annex 14 volume II, there is currently 87 pages: http://www.airservicesaustralia.com/aip/..._Vol_2.pdf

Being a smaller SARP, plus given the smaller aviation safety niche, I naively assumed that volume II would have less non-compliances than volume I. Therefore I was extremely dismayed to discover that Annex 14 Vol II outstripped Vol I by approximately 100 notified differences...  

What is worse is there is not one ND that didn't exceed (improve) on the difference level of...

"..Less protective or partially implemented not implemented.."  

And the reason for that is because apparently anything that is outside of a Federally leased; or CASA certified ALOP airport perimeter fence is not within their remit; or the concern/responsiblity of CASA - UFB!   

This bizarre situation where the aviation safety regulator's oversight responsibilities apparently stop at the airport fence and airspace boundaries is perfectly highlighted in the recently publicly released consultation company AviPro's review of the proposed HLS for the new Tweed Heads hospital: ref - https://majorprojects.accelo.com/public/...iation.pdf
 

Civil Aviation Safety Authority (CASA)

Engagement with CASA is not a normal part of an application for a development. CASA is normally only informed by AirServices Australia if there is deemed to be a risk to safety for a development.

HLS Compliance and Standards

Currently within Australia, there are no set rules or regulations applicable to the design, construction or placement of HLS’. The appropriate legislation at present for the use of HLS’ is Civil Aviation Regulation (CAR) 92 which places the onus on the helicopter pilot to determine the suitability of a landing site.

CASA, as the regulator of aviation in Australia, divested itself of direct responsibility in the early 1990s and currently provides only basic operating guidelines via Civil Aviation Advisory Publication (CAAP) 92-2 (2) Guidelines for the Establishment and Operation of Onshore Helicopter Landing Sites.

CASA does not provide design, structural information or advice beyond that provided in the CAAP.

CASA, as a component of a Regulatory Reform Program, does propose to prepare rules for helicopter landing sites and currently has a panel established for this purpose. The new rules will form Civil Aviation Safety Regulation (CASR) Part 139R, however it is not expected that they will be completed any time soon.   If and when they are introduced, there will be an implementation phase and “grandfather” clauses...

    
Hmm..new rules will form Civil Aviation Safety Regulation (CASR) Part 139R...yet again Part 139 features?? One gets the impression that once totally completed Part 139 will be the ultimate behemoth of CASA regulations.

But why does the Part 139 reference ring a bell? 

PING!   From the Senate Estimates archive records: ref - Supp Estimates October 2012 https://www.aph.gov.au/~/media/Estimates...ent_a.ashx

Man Made Obstacles Located Away From Aerodromes - Risk review

Developed for CASA by AeroSafe Risk Management.

November 2009

Recommendations

Using the findings listed above and the treatment strategies outlined in the Risk Assessment Table the following recommendations have been developed. There are a total of 10 recommendations. The complex nature of the issues outlined in this report and the potential solutions are such that the recommendations have been represented in the following format:

• Legislative Framework
• Regulatory Structure
• Advisory Material
• Administration

Legislative Framework

R - 1 Authority to make Regulations: That the Civil Aviation Act is reviewed in the context of ensuring that CASA has the power to make regulations specifically concerning buildings, structures and objects that are located away from the vicinity of a certified or registered aerodrome.

R - 2 Removal of Compensation Requirements: That the Civil Aviation Act 1988 is reviewed in the context of removing the requirement to provide compensation for the installation of marking and/or lighting on buildings, structures and objects that have been determined to be a hazard to aviation.

Regulatory Structure

R - 3 Option 1 – Creation of Part 77 Objects that Affect Navigable Airspace

This option is designed to group all obstacle related regulation within one CASR Part. It is proposed that this CASR Part is designated CASR Part 77. This brings the regulation of obstacles in Australia in line with the regulatory structure applied in the United States and New Zealand.

For this option it is recommended that:

• CASA to start the process of developing new a CASR Part 77 that satisfies the recommendations outlined in ICAO Annex 14 Chapter 4
• the scope of the new CASR Part 77 includes all obstacles whether within the vicinity of an aerodrome or outside the vicinity of an aerodrome and the obstacle requirements and marking and lighting standards set out in CASR Part 139 be transferred to the new CASR Part 77
• the new CASR Part 77 include the standards for the notification of structures, buildings and objects that are in line with FAR Part 77
• the new CASR Part 77 include the following elements...

R- 3 Option 2 – Expansion of Part 139 to include Obstacles that are located away from the
vicinity of aerodromes

This option is designed to ensure that the current CAR Part 139 – Aerodromes sufficiently satisfies the ICAO requirements both for obstacles within the vicinity of aerodromes and for obstacles located away from the vicinity of aerodromes.
For this option it is recommended that:

• That CASA to start the process of updating CASR Part 139 to ensure it satisfies the recommendations outlined in ICAO Annex 14 Chapter 4
• That the scope of CASR Part 139 is expanded to include all obstacles whether within the vicinity of an aerodrome or outside the vicinity of an aerodrome.
• That CASR Part 139 Subpart E is expanded to include the standards for the notification of structures, buildings and objects that are in line with FAR Part 77
• That CASR Part 139 Subpart E is expanded to include the following elements...
 

Hmm...how did we get from November 2009 with a regulator that was proactively putting forward recommendations to effectively mitigate safety risk and oversight aviation safety issues outside the airport perimeter fence, to the situation today where it is apparently acceptable to have 1000s of innocent public, totally oblivious to the latent safety risk of shopping at a DFO complex next to an active runway handling high capacity jet aircraft each day - UDB...    


MTF...P2 

Addendum: Somewhat depressing but with some interesting parallels when you check out CAA NZed's Part 77 - see HERE. Note that the Part 77 was originally promulgated in 1997.

77.1 Purpose (a) Subject to paragraph (b), this Part prescribes rules for persons within the territorial limits of New Zealand, including the New Zealand Defence Force, proposing— (1) to construct or alter a structure that could constitute a hazard in navigable airspace; 

  
Also from NZed I note the following blog piece from March 2017 that references the DFO tragedy: 

Runway Safety Extension Areas just 'Speed Bumps' at Wellington Airport



AIRPORT SAFETY COMPROMISED?

When I was over in Australia last week, a light aircraft crashed at Essendon Airport in Melbourne killing the pilot and four passengers but also putting hundreds of people at risk in nearby shopping complexes, workplaces and perimeter roads...

...The disaster has put airport safety under scrutiny, with special concerns arising from the commercialisation of land-use immediately adjoining the runways, as reported in the Melbourne Age  article: ‘Rampant airport development puts thousands in danger: planning expert, residents’

http://www.theage.com.au/victoria/rampant-airport-development-puts-thousands-in-danger-planning-expert-residents-20170221-guhi6j.html 

...Which brings me back to earth with a bump in Wellington where the Runway Extension Safety Areas [RESAs] are at the very minimum of what is required to meet international standards and the Runway Extension proposed by Wellington International Airport Ltd will worsen rather than improve the situation. 

At the same time, the airport is being increasingly ringed with shopping outlets - quite apart from being a close neighbour to both a major boy’s school and an indoor sports complex that serves the entire city.

As reported in the Dominion Post today [ http://www.stuff.co.nz/business/87647482/caa-must-review-safety-areas-at-wellington-airport-court-of-appeal-rules]

That led me to this blog/forum link: The airport runway end safety area “can of worms”…

And in particular this passage:

The order came after the Airline Pilots' Association challenged the CAA's finding for Wellington Airport's safety area in its proposed runway extension.


The Court of Appeal said the CAA should not consider cost as a substantial factor in determining whether a longer RESA is practicable.

In a letter to Bridges on March 14th, released under the Official Information Act, the NZ Airports Association said the decision could have a “pronounced” impact on New Zealand's air services.

“The outcome may see some airports lose the ability to serve jet traffic and turbo prop services, or operating with significant payload restrictions,” the letter, written by chairman Steve Sanderson and chief executive Kevin Ward said.

“We think the best and most sustainable solution will be to review the intent and the wording of the current [Civil Aviation] Act” to give the CAA the mandate to balance cost with safety in the public interest.

Hmm...now why does that sound so familiar?? -