Explanatory Statement
Civil Aviation Act 1988
Instructions — specifying minimum runway width for a certain aeroplane
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and for the safety of air navigation.
Under subregulation 235A (1) of the Civil Aviation Regulations 1988 (CAR 1988), to ensure the safety of air navigation, CASA may issue instructions specifying the minimum runway width applicable to an aeroplane or a type of aeroplane. Under subregulation 235A (2), it is an offence for the pilot in command of an aeroplane to land at, or take-off from, a runway if its minimum width is less than the minimum specified for that aeroplane or aeroplane type. Under subregulation 235A (3), an instruction does not have effect in relation to a person until it has been served on them or published in the AIP.
In instrument number CASA 407/98, CASA has issued instructions specifying the minimum runway width for aeroplanes. The required width depends on the aeroplane’s characteristics, including its reference field length (generally meaning its required take‑off distance), its wing span and its outer main gear wheel span. The maximum runway width required for the largest size of aeroplane covered by the instructions (i.e. with a wing span of up to 65 metres) is 45 metres.
The instructions do not cover an aeroplane like the Airbus Industrie prototype A380‑840 whose wing span exceeds 65 metres. Also, the Manual of Standards Part 139 — Aerodromes, made under the Civil Aviation Safety Regulations 1998 (the MOS), requires that the operator of an aerodrome runway provide a runway of 60 metres width for an aircraft the size of the A380-840 subject, however, to any variation made by instructions issued under subregulation 235A (1) of CAR 1988.
Airbus Industrie (the operator) proposes to bring the prototype A380-840 (the aircraft) to Australia on 27 November 2006 for airport evaluation. The operator has requested that it have permission to land and take-off at Brisbane International Airport, Sydney International Airport and Melbourne International Airport (the airports), all of whose runways are effectively not wider than 45 metres.
Having considered the safety implications of the proposal, CASA has decided to give the permission in the form of instructions, to the effect that, when operating at one of the airports, the minimum runway width applicable to the aircraft may be 45 metres. Such operations must also conform to the requirements of the special flight authorisation issued by CASA to enable the prototype aircraft to operate in Australian airspace. Operations must also comply with any operating limitations specified in the Temporary Permit to Fly issued by the Direction Generale de l’Aviation Civile, the French Civil Aviation Authority.
Legislative Instruments Act
Under section 5 of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument if it is of a legislative character, for example, by determining the content of the law rather than applying the law in a particular case. The instructions are, therefore, a legislative instrument and are subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is highly specific. It has been requested by Airbus Industrie to enable it to bring the aircraft to Australia for airport evaluation purposes at Australia’s main international airports, into and out of which it would be likely to operate in the future.
The instrument commences on 25 November 2006. It stops having effect at the end of 31 December 2006.
The instrument has been made by the Manager Operations, Air Transport Operations Group, a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 447/06]
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, providing a comprehensive framework for ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations and the Civil Aviation Safety Authority (CASA) to issue instructions for the safety of air navigation. One such set of instructions pertains to the minimum runway width required for aeroplanes, which was introduced to ensure that runways are of adequate dimensions to support safe landings and take-offs. The Civil Aviation Regulations 1988 further elaborate on these safety requirements, making it an offence for pilots to use runways that do not meet the specified minimum widths. The policy objective of these provisions is to maintain the highest safety standards in air navigation by ensuring that aeroplanes operate on runways that are appropriately sized for their dimensions and operational characteristics.
Scope and Application
The Civil Aviation Act 1988, specifically through subregulation 235A(1) of the Civil Aviation Regulations 1988, empowers the Civil Aviation Safety Authority (CASA) to issue instructions on the minimum runway width for aeroplanes to ensure the safety of air navigation. These instructions apply to the pilot in command of an aeroplane, making it an offence to land or take off from a runway that does not meet the specified minimum width for that aeroplane or type of aeroplane. The instructions, which are subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, apply to all aeroplanes covered by the regulations, except for specific cases such as the Airbus A380-840 prototype, which may require separate consideration. The instructions become effective from 25 November 2006 and cease to have effect at the end of 31 December 2006, unless otherwise extended. The instrument was made by a delegate of CASA under subregulation 7(1) of the CAR 1988, and in this instance, consultation under section 17 of the Legislative Instruments Act 2003 was deemed unnecessary due to the highly specific nature of the request from Airbus Industrie.
Key Provisions
Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations for the purposes of the Act and for the safety of air navigation. Specifically, under subregulation 235A(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) can issue instructions specifying the minimum runway width required for certain aeroplanes or types of aeroplanes. This is done to ensure the safety of air navigation. It is an offence under subregulation 235A(2) for the pilot in command of an aeroplane to land at, or take-off from, a runway if its width is less than the minimum specified for that aeroplane or aeroplane type. These instructions take effect once they are served on an individual or published in the Aeronautical Information Publication (AIP) as per subregulation 235A(3).
The obligations imposed by the Act and subsequent regulations require pilots and operators to adhere to the specified minimum runway widths for their aeroplanes. The instructions issued by CASA under subregulation 235A(1) are binding and must be followed to maintain the safety standards of air navigation. Operators must ensure that any aeroplanes they operate meet the specified runway width requirements. This includes verifying that the runways at their intended destinations are sufficiently wide to comply with the regulations. CASA’s instructions also necessitate that the operator of an aerodrome runway provide a runway of a specified width, as detailed in the Manual of Standards Part 139 — Aerodromes.
Failure to comply with the specified minimum runway width instructions can result in serious consequences. Under subregulation 235A(2), it is an offence for a pilot in command to land or take off from a runway that does not meet the specified minimum width, which can attract criminal penalties. The exact penalties are not detailed in the explanatory statement, but they could include fines and imprisonment, as per the general provisions of the Civil Aviation Act 1988 for breaches of safety regulations. Additionally, operating an aircraft in a manner that contravenes the regulations could also result in civil penalties, including the revocation of the aircraft’s operating certificate. The instrument, being a legislative instrument, is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.