CASA 237/10 - Determination of meteorological minima

Overview

The Civil Aviation Regulations 1988 (CAR 1988) are an essential framework designed to ensure the safety of air navigation, as mandated by the Civil Aviation Act 1988. Specifically, the Act authorises the Governor-General to enact regulations for the Act, which are enforced by the Civil Aviation Safety Authority (CASA). The regulations include provisions for determining meteorological minima for aircraft operations, such as landing and taking off, to maintain safety standards. The determination of these minima, detailed in Subregulation 257(1) of CAR 1988, was previously outlined in instrument CASA 146/08, which has now been revoked and replaced by a new instrument. This update was made to enhance clarity and standardise the minimum visibility requirements for aircraft operations, setting the minimum visibility for landing at 550 metres, an increase from the previous 500 metres. The new instrument has undergone consultation with the aviation industry and is now subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, as amended by this determination, apply to all persons and entities involved in the operation of aircraft within Australia, including pilots, air traffic controllers, and aerodrome operators. The regulations pertain to the safety of air navigation, specifically addressing the meteorological minima for the landing and taking off of aircraft. These minima, now established in three schedules, set the standard minimum visibility for aircraft landing and taking off at 550 metres. This regulation is jurisdictional in nature, covering all Commonwealth areas as governed by the Civil Aviation Act 1988. The determination is subject to the requirements of the Legislative Instruments Act 2003, which mandates its tabling and disallowance in the Parliament. The new determination replaces and clarifies the previous minima set out in CASA instrument 146/08, and it has been developed following consultation with the aviation industry. This legislative instrument is made by the Acting Director of Aviation Safety, on behalf of the Civil Aviation Safety Authority (CASA), under the authority provided by the Civil Aviation Act 1988.

Key Provisions

The main operative sections of this legislation are subsection 98(1) of the Civil Aviation Act 1988, which allows for the creation of regulations in the interest of air navigation safety, and subregulation 257(1) of the Civil Aviation Regulations 1988 (CAR 1988), which provides the authority to determine meteorological minima for aircraft operations. This determination, under CASA 237/10, replaces the previous CASA 146/08, enhancing clarity and setting a new minimum visibility for aircraft landing at 550 metres. The requirements are detailed in three schedules, which collectively outline the standards for safe aircraft operations under various weather conditions. This Act imposes obligations on the parties and entities it governs, primarily to adhere to the newly established meteorological minima. This includes ensuring that all operations at aerodromes comply with the specified minimum visibility and ceiling requirements, as detailed in the schedules. The determination applies to all aircraft operating within Australian airspace and is intended to maintain a uniform safety standard across the industry. Breach of these regulations can result in significant consequences. The Civil Aviation Act 1988 and associated regulations may impose both civil and criminal penalties for non-compliance. While the specific penalties are not detailed in the provided explanatory statement, general provisions of the Act suggest that violations could lead to fines, suspension or revocation of licenses, and potential criminal charges for serious infractions. The severity of the penalties may depend on the nature and extent of the breach, with maximum penalties potentially being substantial for more severe violations.