CASA 327/11 – Determination – lowest safe altitude

Overview

The Civil Aviation Regulations 1988 Determination—Lowest Safe Altitude (F2011L01582) was enacted in 2011 to address the need for updated and effective methods in determining the lowest safe altitude (LSALT) for aircraft in flight, ensuring safety while maintaining operational efficiency. This determination was made under the authority granted by section 98 of the Civil Aviation Act 1988, enabling the Governor-General to establish regulations necessary for the safety of civil aviation. The Civil Aviation Safety Authority (CASA), which is responsible for overseeing the safety of Australia's civil aviation, approved two new methods proposed by Qantas Airways Limited for calculating LSALT. The policy objective behind this determination is to enhance safety by allowing the use of more accurate and reliable methods for determining the lowest safe en route altitude, thereby reducing the risk of collisions with terrain and other hazards.

Scope and Application

The Civil Aviation Regulations 1988 Determination outlines the procedures for calculating the lowest safe altitude (LSALT) that must be adhered to by pilots when operating aircraft along specific route segments. This determination applies to all aircraft operators, including Qantas Airways Limited, who must ensure they comply with the LSALT stipulated for each segment of their flight route. The regulations are enforced by the Civil Aviation Safety Authority (CASA), which has the authority to approve various methods for calculating LSALT based on factors such as terrain height and aircraft navigation capabilities. CASA has approved two new methods for Qantas Airways Limited, the Jeppesen Grid Minimum Off Route (MORA) method and the Digital Terrain method, which can be used to determine LSALT. These methods must be used in accordance with the Civil Aviation Regulations 1988, and the determination is a legislative instrument subject to tabling and disallowance under the Legislative Instruments Act 2003. The instrument, which is a renewal of a previous determination, commences on 1 August 2011 and ceases to have effect on 31 July 2014.

Key Provisions

The key provisions of the Civil Aviation Regulations 1988 Determination focus on the calculation and implementation of the lowest safe altitude (LSALT) for aircraft operating under Australian airspace. According to subregulation 178(1) of the Civil Aviation Regulations 1988 (CAR 1988), the pilot in command must adhere to the published LSALT for each route segment, ensuring a minimum safe height above the terrain. If no LSALT is published, subregulation 178(2) mandates that the pilot must not fly below the altitude calculated using a method approved by the Civil Aviation Safety Authority (CASA). Qantas Airways Limited, the operator in question, is responsible for determining the LSALT using one of four methods approved by CASA, which include variations in data availability, charting presentation, terrain height, and aircraft navigation capacity. The obligations imposed by the Act are primarily on Qantas Airways Limited, which must use an approved method to calculate the LSALT. This obligation extends to the application and potential approval of additional methods by CASA. CASA, in turn, is tasked with approving these methods and ensuring that they meet safety standards. The authority to approve these methods is exercised by a delegate of CASA, as stipulated under subregulation 11.260(1) of the Civil Aviation Safety Regulations 1998. The determination also outlines the legislative framework under which it operates. Under subsections 5(1) and (4) of the Legislative Instruments Act 2003 (LIA), the determination is classified as a legislative instrument, subject to parliamentary scrutiny through tabling and the possibility of disallowance. While consultation under section 17 of the LIA has not been undertaken for this particular instrument, it is a renewal of CASA 373/10, which ceases to have effect on 31 July 2011. The new instrument, CASA 327/11, commences on 1 August 2011 and will cease to have effect at the end of 31 July 2014. In terms of penalties and consequences, while the specific legislative text does not detail penalties for non-compliance, it is generally understood that failure to adhere to the LSALT could lead to severe safety risks, potentially resulting in accidents and violations of civil aviation regulations. Such violations could lead to enforcement actions by CASA, including fines, operational restrictions, or more severe penalties as deemed appropriate under the Civil Aviation Act 1988 and related regulations. The legislative framework ensures that all parties involved are aware of their responsibilities and the potential ramifications of non-compliance with safety standards.