EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION UNDER SUBREGULATION 308 (1)
LOW VISIBILITY TAKE-OFFS INSIDE AUSTRALIAN TERRITORY
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt an aircraft of a specified type or category from compliance with specified provisions of CAR 1988. Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety. Under subregulation 308 (4) such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subregulation 257 (1) states that CASA may determine the meteorological minima for the landing or taking-off of an aircraft at an aerodrome.
Subregulation 257 (2) states that such a determination must be published in AIP or NOTAMS.
Subregulation 257 (3) states that if an element of the meteorological minima for the take-off of an aircraft is less than that determined for the aircraft operation at the aerodrome the aircraft must not take-off.
Standard meteorological minima for the take-off of aeroplanes at aerodromes are set out in AIP (En Route 1.5, section 4.2). The minimum visibility for take-off with runway edge lighting and either runway centreline lighting or centreline marking is set at 500 metres.
This exemption allows aeroplanes of Australian Airlines Limited to take off, within Australian territory, with the minimum runway visibility reduced to 300 metres.
To ensure the safety of air navigation, the exemption is subject to various conditions. For example:
- Aircraft operating under the exemptions may take off with the specified minimum runway visibility, subject to the presence and operation of specified runway edge lighting and runway centreline lighting or runway centreline markings.
- Pilots must have successfully completed a training program for low visibility take‑offs and a competency check within the last 6 months.
- The low visibility take-off must comply with the airline’s operations manual and with air traffic procedures at the relevant aerodrome or such other aerodrome controlling procedures as approved by CASA.
- Runways that require a turn of more than 15o at the runway head or below 200 feet for all-engine or engine-out take-offs are not approved for take-off with a visibility of less than 500 metres.
The exemption starts having effect on gazettal and ceases to have effect at the end of October 2006.
CASA is satisfied that the exemption does not affect the safety of air navigation.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Exemption Number CASA EX02/2004]