CASA 373/10 – Determination – lowest safe altitude

Overview

The Civil Aviation Regulations 1988 Determination - lowest safe altitude (F2010L02687) was enacted to provide clarity and updated methods for determining the lowest safe altitude (LSALT) for aircraft operating in Australian airspace. The Civil Aviation Act 1988 empowers the Governor-General to create regulations that ensure aviation safety, and this determination complements the Civil Aviation Regulations 1988 by stipulating precise methods for calculating LSALT. Authorised by the Civil Aviation Safety Authority (CASA), this determination allows Qantas Airways Limited to adopt two new methods for LSALT calculation: the Jeppesen Grid Minimum Off Route (MORA) method and the Digital Terrain method. These methods were selected to enhance safety by considering various factors such as terrain height and aircraft navigation capacity. The determination is subject to the Legislative Instruments Act 2003 and will be in effect until 31 July 2011, after which it will cease to have any legal force. This legislative instrument was issued by a delegate of CASA in line with the Civil Aviation Regulations 1988.

Scope and Application

The Civil Aviation Regulations 1988 Determination—lowest safe altitude applies to the pilots in command of aircrafts operating under the jurisdiction of the Civil Aviation Act 1988. This encompasses all pilots and aircraft operators within Australia, as the regulations pertain to the operation of aircrafts within Australian airspace. The geographic reach of this legislation is national, as it governs aviation activities across the entirety of the Commonwealth of Australia. The determination provides specific guidelines on the minimum safe altitude that must be maintained by pilots during flight, with explicit reference to the lowest safe altitude (LSALT) which must not be flown beneath. This determination is subject to the approval of the Civil Aviation Safety Authority (CASA), which has the authority to approve or reject methods used by operators like Qantas Airways Limited to determine LSALT. CASA's decisions are made with a focus on safety considerations, ensuring that the methods used align with safety standards. The instrument is subject to the Legislative Instruments Act 2003, which requires it to be tabled and allows for its disallowance in Parliament. Although consultation under the Legislative Instruments Act has not been undertaken for this specific determination, it varies an existing method used by operators for determining LSALT. The instrument is effective from the day after its registration until the end of 31 July 2011.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) establish the lowest safe altitude (LSALT) for flight routes under subregulation 178(1). Pilots are required to adhere to the published LSALT for their flight route, or if no LSALT is published, they must fly above the altitude calculated by an approved method as determined by CASA. Subregulation 178(2) further clarifies that the altitude must be calculated using one of the methods approved by CASA. Qantas Airways Limited, the operator in this case, has been approved to use two specific methods for calculating the LSALT: the Jeppesen Grid Minimum Off Route (MORA) method and the Digital Terrain method, as decided by CASA considering safety interests. The obligations imposed by this regulation on the parties involved, particularly the operators like Qantas Airways Limited, include determining the LSALT for flight routes using the approved methods. The operator must ensure that all pilots adhere to the calculated LSALT to maintain safety standards. CASA’s role involves approving the methods used by the operator, ensuring they meet safety requirements, and overseeing their application. The operator must also keep CASA informed of any new methods they propose for determining LSALT and await approval before implementation. Breaches of these provisions can lead to civil or criminal consequences, though the exact penalties are not specified within the text. Given the context of aviation safety, violations could potentially result in severe penalties, including fines and potential imprisonment, especially if the breach leads to an accident or endangers flight safety. The seriousness of such offences is underscored by the stringent requirements and the critical nature of maintaining safe flight altitudes. Under the Legislative Instruments Act 2003 (LIA), the determination of LSALT methods is a legislative instrument subject to tabling and disallowance in Parliament. This process ensures that the legislative changes are scrutinized and can be reviewed by Parliament before they take effect. However, in this instance, consultation as per section 17 of the LIA was not undertaken, which may raise questions regarding the thoroughness of the legislative process. The determination is issued by a delegate of CASA and comes into effect the day after registration, ceasing on 31 July 2011, unless otherwise extended or amended.