Explanatory Statement
Civil Aviation Regulations 1988
Determination of meteorological minima
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor‑General may make regulations for the Act and in the interests of the safety of air navigation.
The Civil Aviation Regulations 1988 (CAR 1988) are made under subsection 98 (1) of the Act. Subregulation 257 (1) of CAR 1988 deals with the determination of meteorological minima for the landing or taking off of aircraft at an aerodrome. Instrument CASA 477/03 is the current determination. It sets out the current permitted minimum ceilings and visibilities for operations at an aerodrome to take place.
Instrument CASA 477/03 does not allow for the use of a transmissometer to determine the Runway Visual Range (RVR) on a runway by electronic measurement. It is accepted by the International Civil Aviation Organization, as well as internationally, that accurate electronic measurement is preferable to a visibility assessment by a person.
This determination revokes and replaces instrument CASA 477/03. Its requirements are identical except that it contains a new subparagraph (3) (a) (ii) which allows the use of a RVR of not less than 550 metres as a new minimum. The RVR must be obtained from an instrument approved by the Bureau of Meteorology. The RVR is less than the minimum of 800 metres which applies when the assessment is by a person.
Legislative Instruments Act
CASA 477/03 is registered as legislative instrument. This determination is therefore taken to be a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.
Consultation
Consultation under section 17 of the LIA has not taken place. The new determination has been issued to allow the application of new technology which is internationally recognised and applied.
The determination commenced on the day after it was registered.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Instrument number CASA 146/08]