CASA 159/14 - Determination — lowest safe altitude (Qantas Airways Limited)

Overview

The Civil Aviation Regulations 1988 Determination – lowest safe altitude (Qantas Airways Limited) was enacted in 2014 to address the specific needs of Qantas Airways in determining the lowest safe altitude for their aircraft during en route flights. This determination was made under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to create regulations to ensure the safety of air navigation. The Civil Aviation Safety Authority (CASA) has approved Qantas Airways' use of two specific methods, the Jeppesen Grid Minimum Off Route (MORA) method and the Digital Terrain method, to calculate the lowest safe en route altitude, considering factors such as terrain height and aircraft navigation capacity. This legislative instrument is subject to the Legislative Instruments Act 2003, requiring it to be tabled and potentially disallowed by the Parliament. The determination was introduced to renew an existing instrument and does not necessitate further consultation, as CASA deemed it unnecessary given its specificity to Qantas Airways. The instrument is also accompanied by a Statement of Compatibility with Human Rights, affirming its alignment with international human rights standards.

Scope and Application

The Civil Aviation Regulations 1988 Determination—lowest safe altitude (Qantas Airways Limited) applies specifically to Qantas Airways Limited, an entity operating within the civil aviation sector in Australia. This determination empowers the airline to calculate the lowest safe en-route altitude (LSALT) for its aircraft using either the Jeppesen Grid Minimum Off Route (MORA) method or the Digital Terrain method, both of which have been approved by the Civil Aviation Safety Authority (CASA). This decision ensures compliance with safety standards as outlined in the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. The determination extends to the Commonwealth jurisdiction and is subject to parliamentary scrutiny under the Legislative Instruments Act 2003, including provisions for tabling and disallowance. The instrument, which supersedes CASA 327/11, commences on 1 August 2014 and will expire at the end of July 2017 unless otherwise repealed. The Statement of Compatibility with Human Rights affirms that the legislation does not engage any of the applicable rights or freedoms, thus ensuring its compatibility with human rights as recognised in international instruments.

Key Provisions

The Civil Aviation Regulations 1988 Determination (Qantas Airways Limited) sets out specific methods that Qantas Airways Limited can use to calculate the lowest safe altitude (LSALT) for aircraft. This determination is grounded in the Civil Aviation Act 1988 (s 98(1)) and applies under the Civil Aviation Regulations 1988 (CAR 1988). According to CAR 1988, specifically subregulation 178(1), the pilot in command of an aircraft must not fly below the published LSALT for a route segment. If no published LSALT exists, the pilot must adhere to the LSALT calculated using a method approved by the Civil Aviation Safety Authority (CASA) (s 178(2)). Qantas Airways Limited can choose from four methods approved by CASA to determine the LSALT, based on factors such as terrain height and available data (subregulation 178(1)). Two additional methods proposed by Qantas have been approved by CASA for use in calculating the LSALT. The determination imposes specific obligations on Qantas Airways Limited regarding how it calculates the LSALT for its aircraft. Qantas must select one of the approved methods and ensure that all calculations comply with safety standards. The selection of methods must consider variations in available data, the presentation of charts, the height of en-route terrain, and the aircraft’s navigation capacity. By approving two additional methods, CASA has expanded the options available to Qantas, providing flexibility while maintaining safety as the paramount concern. There are no explicit offences or penalties mentioned in the determination itself. However, non-compliance with the Civil Aviation Regulations 1988, including the requirements for LSALT, can result in significant consequences. Under the Civil Aviation Act 1988, violations of safety regulations can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can result in imprisonment, depending on the severity of the breach. The determination, being a legislative instrument, is subject to parliamentary scrutiny and potential disallowance, which underscores the seriousness with which these regulations are viewed. The legislative instrument is crafted to ensure that Qantas Airways Limited can operate within a safe framework while offering flexibility in calculating LSALT. By allowing Qantas to use approved methods, the determination balances operational efficiency with the overarching goal of ensuring air safety. The approval of two new methods demonstrates CASA’s commitment to adapting to technological and operational advancements, ensuring that safety standards remain current and effective.