CASA EX01/2004 - Exemption under subregulation 308 (1) - Low visibility take-offs and landings outside Australian territory

Overview

The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing various safety, efficiency, and operational aspects. The Act empowers the Governor-General to make regulations governing civil aviation, ensuring that they align with the overarching policy objective of maintaining high safety standards. One such regulation is the exemption under subregulation 308(1) of the Civil Aviation Regulations 1988, which allows the Civil Aviation Safety Authority (CASA) to exempt specific aircraft from certain regulatory requirements, provided safety conditions are met. This exemption pertains to the operation of Boeing B767 aircraft by Australian Airlines Limited, enabling these aircraft to perform category II and category III precision approaches and landings, as well as reduced visibility take-offs, outside Australian territory. The exemption is designed to facilitate these operations at aerodromes where low visibility procedures are in effect, thus aligning with international standards for low-visibility operations. CASA ensures that these operations do not compromise safety by imposing specific conditions, including mandatory low visibility operations training for flight crew members and recent practice of the aircraft’s autoland capability.

Scope and Application

The Civil Aviation Act 1988, in conjunction with the Civil Aviation Regulations 1988, provides the regulatory framework for aviation operations in Australia, with the Civil Aviation Safety Authority (CASA) being the body responsible for the administration and enforcement of these regulations. This particular exemption under subregulation 308(1) of the Civil Aviation Regulations 1988 allows for specific Boeing B767 aircraft operated by Australian Airlines Limited to be exempt from certain meteorological minima for take-off and landing operations when conducted outside Australian territory at aerodromes where low visibility procedures are in use. The exemption is subject to CASA-specified conditions necessary for safety and is effective from the date of gazette until the end of October 2006. The exemption facilitates the aircraft's engagement in category II and category III precision approaches and landings, which adhere to internationally accepted standards for low visibility operations but require lower minima than those stipulated in standard regulations. It is imperative that the flight crew have completed requisite low visibility operations training, including proficiency in autoland procedures, to ensure safe operations under this exemption. CASA has determined that this exemption does not compromise the safety of air navigation, thereby enabling the specified aircraft to operate under these conditions while adhering to the stringent safety standards required by the Act and Regulations.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain specific provisions governing the operation of aircraft, including those related to take-offs and landings under low visibility conditions. Subregulation 308(1) allows the Civil Aviation Safety Authority (CASA) to exempt specified aircraft from certain regulatory requirements, subject to the aircraft meeting conditions deemed necessary for safety by CASA. This exemption is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. The authority to set meteorological minima for aircraft operations is vested in CASA under subregulation 257(1), which must be communicated via Aeronautical Information Publications (AIP) or Notices to Air Missions (NOTAMS). If the meteorological conditions for take-off or landing fall below the determined minima, the aircraft must not operate as stipulated in subregulations 257(3) and 257(4). The exemption pertains specifically to Boeing B767 aircraft operated by Australian Airlines Limited, allowing these aircraft to perform take-offs and landings at aerodromes outside Australian territory where low visibility procedures are in effect, provided air traffic control has approved such operations. This exemption is designed to facilitate category II and III precision approaches and landings, which operate under lower visibility minima than standard requirements. Category II operations permit landings with a decision height between 30 m and 60 m and a runway visual range of at least 350 m, while category III operations, further divided into IIIA, IIIB, and IIIC, allow landings under progressively lower visibility and runway visual range conditions. Notably, category IIIC operations are not included in this exemption. The exemption imposes several conditions to ensure safety, including the requirement that flight crew members have successfully completed low visibility operations training, which must include recent experience with the aircraft's autoland capability. An autoland is an instrument approach and landing performed by the aircraft's autopilot using onboard navigation equipment. The exemption is effective from the date of gazettal and will expire at the end of October 2006. CASA has determined that the exemption does not compromise the safety of air navigation. The exemption was issued by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Violation of the conditions set out in the exemption, or failure to comply with the requirements of the Civil Aviation Act 1988 and Civil Aviation Regulations 1988, may result in penalties. The specific penalties for breaches are not detailed in the text but generally include fines and potential criminal charges under relevant aviation laws. The maximum penalties can vary widely depending on the severity and circumstances of the breach.