Explanatory Statement
Civil Aviation Act 1988
Instructions — specifying minimum runway width for an 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 A380-841 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 A380-841, 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 A380-841 (the aircraft) to Australia between 11 and 16 November 2005, inclusive, 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 1 of the airports, the minimum runway width applicable to the aircraft may be 45 metres. Such operations must also conform with 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 under section 17 of the LIA has not been undertaken in this case. The instrument is highly specific. It has been requested by the operator 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, which commences on 11 November 2005, has been registered on the Federal Register of Legislative Instruments. It stops having effect at the end of 16 November 2005.
The instrument has been made by the Group General Manager, Air Transport Operations, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 456/05]
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for civil aviation in Australia, addressing issues related to the safety and efficiency of air navigation. The Act grants the Civil Aviation Safety Authority (CASA) the authority to make regulations and issue instructions to ensure the safety of air navigation, as outlined in Section 98 of the Act. This legislative instrument, specifically CASA 456/05, pertains to instructions issued by CASA under subregulation 235A of the Civil Aviation Regulations 1988 to specify the minimum runway width applicable to aeroplanes. The policy objective of these instructions is to maintain the safety standards for air navigation by ensuring that runways meet the minimum width requirements for different types of aeroplanes, including those with wingspans exceeding the previously specified limits. The instrument allows for the operation of the Airbus Industrie prototype A380-841 at selected Australian airports, provided certain conditions are met, and it is subject to disallowance by the Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Act 1988, as amended, provides the framework for the regulation of aviation safety in Australia. Under section 98, the Governor-General can make regulations to ensure the safety of air navigation, and the Civil Aviation Safety Authority (CASA) can issue instructions to this end. Specifically, under subregulation 235A of the Civil Aviation Regulations 1988, CASA can specify the minimum runway width applicable to aeroplanes or types of aeroplanes. This regulation applies to pilots in command of aeroplanes, who are prohibited from landing or taking off from a runway that does not meet the specified minimum width, with non-compliance constituting an offence. The instructions are applicable to aeroplanes with certain characteristics, such as their reference field length, wingspan, and outer main gear wheel span, with the largest aeroplanes requiring a maximum runway width of 45 metres. The instructions issued in CASA 407/98 do not apply to aeroplanes like the Airbus Industrie prototype A380-841, which has a wingspan exceeding 65 metres, though such aircraft must still comply with the aerodrome requirements stipulated in the Manual of Standards Part 139. The instrument CASA 456/05, issued to accommodate the A380-841 prototype’s visit to Australia, allows for a runway width of 45 metres for this specific aeroplane at designated airports, subject to compliance with additional CASA authorisations and French civil aviation authority conditions. The instrument is registered under the Legislative Instruments Act 2003 and is subject to parliamentary disallowance.
Key Provisions
The Civil Aviation Act 1988, specifically under Section 98, empowers the Governor-General to create regulations for the Act and for the safety of air navigation. This authority is further refined in subregulation 235A(1) of the Civil Aviation Regulations 1988 (CAR 1988), which allows the Civil Aviation Safety Authority (CASA) to issue instructions specifying the minimum runway width applicable to an aeroplane or a type of aeroplane. These instructions are imperative for ensuring the safety of air navigation. According to subregulation 235A(2), it is an offence for a pilot in command to land at, or take-off from, a runway if its minimum width is less than what is specified for that aeroplane or aeroplane type. The instructions only become effective when they are served on the relevant parties or published in the Aeronautical Information Publication (AIP), as stated in subregulation 235A(3).
The obligations imposed by these regulations require the operator of an aerodrome runway to ensure that the runway meets the minimum width specifications as set out in the instructions issued by CASA. Pilots must also adhere to these specifications when planning to land or take off from a runway. The compliance with these instructions is crucial for maintaining safety standards in air navigation. Furthermore, the Manual of Standards Part 139—Aerodromes under the Civil Aviation Safety Regulations 1998 mandates that the operator of an aerodrome runway must provide a runway of 60 metres width for an aircraft like the Airbus Industrie prototype A380-841, subject to any variations made by CASA’s instructions.
Breaching the requirements set out in these regulations can result in serious consequences. Under subregulation 235A(2) of CAR 1988, it is an offence for a pilot in command to land at, or take-off from, a runway if its minimum width is less than the specified minimum. Such an offence can lead to criminal penalties as prescribed by the law. The maximum penalties for these offences are not explicitly stated in the provided text, but they can be severe, given the importance of adhering to safety regulations in aviation. Additionally, the Legislative Instruments Act 2003 stipulates that the instructions are legislative instruments and are subject to tabling and disallowance in the Parliament, adding a layer of legislative oversight to these safety measures.