CASA 146/08 – Determination of meteorological minima

Overview

The Civil Aviation Regulations 1988, amended by the Determination of Meteorological Minima Instrument CASA 477/08, was enacted to address the gap in the Civil Aviation Regulations 1988 regarding the use of modern technology for determining the Runway Visual Range (RVR) during aircraft operations. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, and the Civil Aviation Regulations 1988 are made under this authority. The primary policy objective behind this amendment is to enhance the safety of air navigation by allowing the use of a transmissometer, which provides more accurate electronic measurements of RVR, in place of human assessment. This change aligns with international standards recognised by the International Civil Aviation Organization. The Director of Aviation Safety, on behalf of the Civil Aviation Safety Authority (CASA), issued this determination in accordance with the Act, without prior consultation as mandated by the Legislative Instruments Act 2003. The new determination, which came into effect the day after its registration, revokes and replaces the previous instrument CASA 477/03, introducing a new minimum RVR of 550 metres when measured by an approved instrument, as opposed to the previous 800 metres minimum when assessed by a person.

Scope and Application

The Civil Aviation Regulations 1988, as amended by Instrument CASA 146/08, are designed to enhance the safety of air navigation in Australia. These regulations apply to all aircraft operators, pilots, and air traffic control personnel within the country, ensuring that they adhere to the specified meteorological minima when landing or taking off at any aerodrome. The new determination allows for the use of an approved instrument for measuring the Runway Visual Range, which is considered more accurate than human assessment, thereby aligning Australian standards with international best practices. This amendment applies to all domestic and international flights operating within Australia and is enforced by the Civil Aviation Safety Authority (CASA). However, the determination does not include any exemptions or exclusions, and all operators must comply with the new RVR minimum of 550 metres. The determination is subject to the legislative processes outlined in the Legislative Instruments Act 2003, including registration and potential disallowance by the Parliament.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988), particularly subregulation 257(1), govern the meteorological minima required for aircraft operations at an aerodrome. These minima are critical for ensuring the safety of air navigation and include specific requirements for the minimum ceilings and visibilities necessary for landing and taking off. The determination of these minima has been updated to allow for more precise measurements, particularly for Runway Visual Range (RVR), with the latest instrument CASA 146/08 replacing CASA 477/03. This new instrument allows the use of a RVR of not less than 550 metres, provided it is obtained from an instrument approved by the Bureau of Meteorology, which is a lower threshold than the 800 metres required when visibility is assessed by a person. The obligations under the CAR 1988 are primarily directed at ensuring compliance with the specified meteorological minima to maintain safety standards. Operators of aircraft and personnel at aerodromes must adhere to these minima, ensuring that the conditions are suitable for safe operations. This includes the use of approved instruments for measuring RVR and ensuring that these instruments meet the standards set by the Bureau of Meteorology. Furthermore, the regulations require that any changes to the determination of meteorological minima, such as the introduction of new technologies, are implemented in a manner that aligns with international standards and practices. There are potential civil and criminal consequences for non-compliance with the CAR 1988. While the explanatory statement does not detail specific offences or penalties, breaches of civil aviation regulations generally can lead to enforcement actions by the Civil Aviation Safety Authority (CASA). These actions may include fines, suspension or revocation of licences, and other regulatory measures. In severe cases, non-compliance could also lead to criminal charges, which could result in significant penalties including substantial fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant jurisdictional guidelines and statutes.