EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION UNDER REGULATION 308 RELATING TO TAKE-OFFS AND LANDINGS BY DASH 8 AIRCRAFT AT LORD HOWE ISLAND
Under subsection 98 (1) of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (3) of CAR 1988 provides that CASA can impose conditions necessary in the interests of safety. An exemption is a legislative instrument.
Subregulation 235 (2) of CAR 1988 provides that CASA may, for the purposes of ensuring the safety of air navigation, give directions setting out how to determine the maximum take-off and landing weights of an aircraft. These are given by paragraph 4.1 of section 20.7.1B of the Civil Aviation Orders (CAOs), which provides for the determination of take-off weight limitations, paragraph 5.1 which provides for the determination of landing weight limitations and paragraph 11.1 which provides for the landing distance required.
The landing distance required for a DASH 8 aircraft operated by Sunstate Airlines (Qld) Pty Ltd at Lord Howe Island is 1.67 times the distance required to bring the aircraft to a complete stop. Internationally, a factor of 1.43 is accepted. It is proposed to incorporate this factor in the Civil Aviation Safety Regulations 1998. This exemption allows Sunstate Airlines (Qld) Pty Ltd to apply the lower factor at Lord Howe Island.
A runway end safety area (RESA) is an area symmetrical about the extended runway centre line and beside the end of the strip, primarily intended to reduce the risk of damage to an aeroplane undershooting or overrunning the runway. Generally, a RESA cannot be taken in account in the length of runway available for take-offs. It must be available in case of a need for extra distance in landing or taking off. Its bearing strength is often less than the bearing strength of the runway.
At Lord Howe Island, the RESAs are constructed to an equivalent standard to the runway. It is therefore acceptable for the departure end RESA to be used for take-offs, and is a safety enhancement that provides for more runway length than would otherwise be available.
The exemption allows the RESA to be used for this purpose. It also removes, in accordance with international practice, the requirement to consider temperature in determining the landing distance required.
The exemption is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of that Act.
Consultation under section 17 of the Legislative Instruments Act 2003 has not been undertaken in this case. The instrument has been specifically requested by Sunstate Airlines (Qld) Pty Ltd and meets its requirements for the DASH 8 aircraft to which it applies.
The exemption takes effect at the start of the day after it is registered on the Federal Register of Legislative Instruments, and it stops having effect at the end of February 2007.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument Number: CASA EX05/2005]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a comprehensive regulatory framework governing civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The regulations empower the Civil Aviation Safety Authority (CASA) to issue exemptions and directions to aircraft operators, thus facilitating compliance with safety standards while allowing for practical considerations in specific scenarios. The exemption under regulation 308, specifically targeting the operations of DASH 8 aircraft by Sunstate Airlines (Qld) Pty Ltd at Lord Howe Island, exemplifies this balance. By allowing for a lower factor for landing distance requirements and the use of runway end safety areas (RESAs) for take-offs, the exemption aligns with international safety practices, thereby enhancing safety while accommodating the unique conditions at Lord Howe Island. This exemption was made under the authority of the Civil Aviation Act 1988 and is subject to parliamentary scrutiny and disallowance.
Scope and Application
The exemption under regulation 308 relating to take-offs and landings by DASH 8 aircraft at Lord Howe Island applies to Sunstate Airlines (Qld) Pty Ltd and its operations at the specified location. This exemption is a legislative instrument made under the Civil Aviation Act 1988 and Civil Aviation Regulations 1988, aimed at ensuring the safety of air navigation. The exemption allows the airline to use a lower factor for determining landing distance, aligning with international standards, and permits the use of runway end safety areas (RESAs) for take-offs, which enhances safety by providing additional runway length. The exemption is subject to the conditions set forth in subregulation 308(3) of the CAR 1988 and is applicable only to the DASH 8 aircraft operated by Sunstate Airlines (Qld) Pty Ltd. This exemption does not extend to other aircraft or entities and is specific to the operations at Lord Howe Island. It is effective from the day following its registration on the Federal Register of Legislative Instruments until the end of February 2007.
Key Provisions
The primary operative sections of this legislation are subsection 98(1) of the Civil Aviation Act 1988, regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), and subregulation 308(3) of CAR 1988. Subsection 98(1) empowers the Governor-General to create regulations for the purposes of the Act and in the interests of air navigation safety. Regulation 308 of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with aircraft operations from compliance with specified provisions of CAR 1988, while subregulation 308(3) of CAR 1988 permits CASA to impose safety-related conditions on such exemptions. This exemption allows Sunstate Airlines (Qld) Pty Ltd to use a lower factor for determining the landing distance required for its DASH 8 aircraft at Lord Howe Island.
This exemption imposes specific obligations on Sunstate Airlines (Qld) Pty Ltd. It permits the airline to use a 1.43 factor for determining the landing distance required for its DASH 8 aircraft at Lord Howe Island, aligning with international standards. Additionally, it allows the departure end Runway End Safety Area (RESA) to be used for take-offs, provided it meets the equivalent standard of the runway. The exemption also removes the requirement to consider temperature when determining the landing distance required, in line with international practices. These provisions are aimed at ensuring the safety of air navigation while accommodating the specific operational needs of Sunstate Airlines at Lord Howe Island.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breaching this exemption. However, as a legislative instrument, non-compliance with the conditions set forth in this exemption could potentially lead to regulatory actions by CASA or other civil or criminal consequences as deemed appropriate by the relevant authorities under the broader legislative framework of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. The exemption is subject to tabling and disallowance in the Parliament, underscoring the importance of adhering to the conditions set forth.