EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
DIRECTIONS UNDER SUBREGULATIONS 235 (2) AND 215 (3)
TAKE-OFFS ON WET RUNWAYS BY DHC 8-202 AIRCRAFT
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 235 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that the Civil Aviation Safety Authority (CASA) may give directions setting out the manner of determining a maximum weight for an aircraft, in respect of a proposed flight, that the gross weight of the aircraft must not exceed at take-off.
Subregulation 235 (4) provides that an aircraft must not take off, or attempt to take off, if its gross weight is greater than its maximum take-off weight or a lesser weight determined in accordance with subregulation 235 (2).
The instrument contains directions under subregulation 235 (2) for determining a maximum weight that DeHavilland Canada DHC 8-202 aircraft, operated by Surveillance Australia Pty Ltd (ACN 050 021 308) (the operator), must not exceed while taking off from a wet runway. The operator conducts coastal surveillance operations primarily from remote locations.
Section 20.7.1B of the Civil Aviation Orders (CAOs) sets out CASA’s directions for the purposes of subregulation 235 (2). Paragraph 4.1 of section 20.7.1B of the CAOs, provides that the maximum weight that an aeroplane to which the section applies may not exceed at take-off is the least of the weights determined in accordance with subparagraphs 4 (1) (a) to (d). Under subparagraph 4.1 (a), one of those weights is a weight calculated by reference to the take-off distance and accelerate-stop distance required. The calculation has to be made in accordance with paragraphs 6.1 and 6.2 of section 20.7.1B of the CAOs.
The approved flight manual for the DHC 8-202 aircraft supplies data that permits the pilot in command to determine the maximum weight of the aircraft at which the take-off distance required is equal to or less than the take-off distance available. The data applies to take-offs from dry runways. Under subparagraph 6.2 (a) of section 20.7.1B of the CAOs there is a requirement for the aircraft to be at 35 feet above the surface at the end of the take-off distance available.
In the case of wet runways, the accelerate-stop distance required (in the event of an rejected take-off) is greater than on dry runways unless a lower take-off decision speed (V1 speed) is used. The DHC 8-202 Flight Manual supplies, at Supplement No. 51 (Supplementary Performance Information for Takeoff on Wet Runways) take-off data for wet runways, with a reduced V1 speed, that provides for an obstacle clearance, at the end of the take-off distance available, of 15 feet. This would not comply with the height requirement of 35 feet in paragraph 6.2 of section 20.7.1B of the CAOs.
Therefore, to allow the use of manufacturer’s wet runway performance data for DHC 8‑202 aircraft operated by the operator, a direction under subregulation 235 (2) of CAR 1988 is required. This direction will modify directions set out in subparagraph 4.1 (a) of section 20.7.1B of the CAOs by modifying the provisions of subparagraph 6.2 (a). In particular, it provides that accelerate-stop and take-off distances established under this direction may be used under subparagraph 4.1 (a) for calculating take-off weight limitations as if established in accordance with subparagraph 6.2 (a). The calculation of take-off distance must not include clearway.
The instrument also contains a direction under regulation 215 that the operator must include the wet runway procedures in its operations manual.
Under regulation 5A of CAR 1988, a “prescribed direction” that affects the operation of anything in a CAO is a disallowable instrument. The instrument is “a prescribed direction” that affects the operation of subsections 4 and 6 of section 20.7.1B of the CAOs.
The instrument has been issued by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, appointed under regulation 7 of CAR 1988.
[Instrument Number: CASA 148/04]
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework governing all aspects of civil aviation in Australia, aiming to ensure the safety and efficiency of aviation operations while addressing potential gaps in regulatory oversight. One such gap addressed by the Act was the need for specific regulations and directions concerning aircraft operations, including take-off procedures on wet runways. Pursuant to section 98 of the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue regulations under the Civil Aviation Regulations 1988 (CAR 1988), including directions on maximum take-off weights for specific aircraft models. The policy objective of these regulations is to ensure that aircraft operations, especially take-offs from wet runways, meet stringent safety standards, thereby protecting public safety and enhancing operational reliability. This legislative framework allows CASA to issue specific directions to operators, such as those for DeHavilland Canada DHC 8-202 aircraft operated by Surveillance Australia, ensuring these aircraft comply with safety requirements when taking off from wet runways.
Scope and Application
The Civil Aviation Act 1988 and associated Civil Aviation Regulations 1988 establish the framework for civil aviation safety in Australia. The Act authorises the Governor-General to make regulations for various aspects of civil aviation, including the safety standards and operational requirements for aircraft. Under the authority of the Act, the Civil Aviation Safety Authority (CASA) can issue directions to ensure that aircraft operations meet the necessary safety standards. Specifically, the Act and regulations empower CASA to provide detailed directives concerning aircraft weight limitations for take-off, which is critical for ensuring safe operations, particularly on wet runways. The regulations also mandate that operators, such as Surveillance Australia Pty Ltd, must adhere to these directions and incorporate them into their operational manuals. The directions are applicable to the specific operations of the DHC 8-202 aircraft, ensuring compliance with safety standards during take-off from wet runways, and have been issued by CASA, ensuring they align with the broader regulatory objectives.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include specific directions concerning the take-off weight limitations for DeHavilland Canada DHC 8-202 aircraft operated by Surveillance Australia Pty Ltd when taking off from wet runways. These directions are set out in subregulation 235(2) and 235(4) of CAR 1988. Subregulation 235(2) empowers the Civil Aviation Safety Authority (CASA) to establish the maximum take-off weight for an aircraft for a proposed flight, ensuring that the gross weight of the aircraft must not exceed this limit at take-off. Subregulation 235(4) explicitly states that an aircraft must not take off or attempt to take off if its gross weight exceeds this maximum take-off weight or a lesser weight determined in accordance with subregulation 235(2). The directions under subregulation 235(2) specifically address the take-off weight limitations for DHC 8-202 aircraft when operating from wet runways, modifying the provisions set out in section 20.7.1B of the Civil Aviation Orders (CAOs). These modifications allow the use of manufacturer's wet runway performance data for calculating take-off weight limitations, provided that certain conditions are met. The directions also require the operator to include wet runway procedures in its operations manual under regulation 215 of CAR 1988.
The obligations imposed by these directions on the operator and CASA include ensuring that the maximum take-off weight for DHC 8-202 aircraft is calculated correctly for wet runway operations. The operator must use the modified provisions set out in section 20.7.1B of the CAOs to determine the maximum take-off weight, taking into account the manufacturer's wet runway performance data. Additionally, CASA must issue these directions under its regulatory authority and ensure that the operator complies with the specified take-off weight limitations and procedures for wet runway operations. The operator must incorporate these wet runway procedures into its operations manual as per regulation 215 of CAR 1988.
Breach of the directions set out in subregulation 235(2) and 235(4) of CAR 1988 can lead to civil and criminal consequences. Under section 98 of the Civil Aviation Act 1988, non-compliance with these directions can result in civil penalties, including fines. The maximum penalty for contravening a direction under subregulation 235(2) of CAR 1988 is outlined in the Act, with specific amounts varying based on the nature and severity of the offence. Additionally, if an aircraft takes off or attempts to take off while exceeding the prescribed maximum take-off weight, this action can be considered an offence under the Act, potentially leading to criminal charges. Such offences can result in significant penalties, including substantial fines and imprisonment, depending on the circumstances of the breach. Compliance with these directions is crucial to ensure the safety of wet runway operations for DHC 8-202 aircraft.