CASA EX101/11 – Exemption – from standard take-off minima

Overview

The Civil Aviation Regulations 1988 were enacted to regulate civil aviation in Australia, ensuring safety and efficiency in the industry. The Civil Aviation (Low Visibility Operations) Exemption (No. 1) Instrument 2011 was introduced to address a specific gap in the regulations concerning low visibility operations, allowing for exemptions from standard take-off minima under certain conditions. This instrument was developed under the authority provided by section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations for the Act and the safety of air navigation. The instrument was formulated by the Civil Aviation Safety Authority (CASA) and is designed to ensure the safety of air navigation while providing conditional alternatives to certain aviation rules when deemed safe. The exemption pertains specifically to Delta Air Lines Inc. of Delaware, allowing it to conduct low visibility take-offs in Australia using its B777 aircraft, subject to specified performance conditions and limitations.

Scope and Application

The Civil Aviation (Low Visibility Operations) Exemption Instrument 2011 (F2011L01791) pertains to Delta Air Lines Inc. of Delaware Newcastle, USA, and specifically addresses the exemption from standard take-off minima for their Boeing 777 aircraft operating in Australia. This exemption is rooted in the Civil Aviation Act 1988 and related regulations, which empower the Civil Aviation Safety Authority (CASA) to set and enforce meteorological minima for take-off and landing, as well as to grant exemptions when deemed safe. The exemption applies to a specific class of aircraft within the operator's fleet and is contingent upon compliance with stringent conditions to ensure the safety of air navigation. The exemption is applicable both within and outside Australian territory, subject to CASA's assessment and approval based on the operator's demonstrated competence and adherence to safety protocols. The instrument is formulated under the Civil Aviation Safety Regulations 1998, which grant CASA the authority to issue exemptions from specific provisions of the Civil Aviation Regulations 1988, Civil Aviation Safety Regulations 1998, or Civil Aviation Orders when it is deemed safe to do so. The exemption is effective from 1 September 2011 and ceases on 31 August 2014, unless otherwise extended or amended. The instrument is also subject to the Legislative Instruments Act 2003, which mandates its tabling and disallowance in the Parliament. The exemption is tailored to the operator's specific needs, aligning with the safety standards and operational requirements of both Australian and international aviation authorities.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under subregulation 257(1) allow the Civil Aviation Safety Authority (CASA) to determine the meteorological minima for take-off and landing at aerodromes, which must be published in the Aeronautical Information Publication (AIP) or Notices to Air Missions (NOTAMS) as per subregulation 257(2). The standard visibility requirements for take-off and landing, as set out in instrument CASA 70/11 and AIP En Route 1.5, sections 4.3 and 4.4, are 550 metres and 800 metres respectively, or 550 metres runway visual range for landing. Any deviation from these minima requires an exemption from CASA. Subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) enables CASA to grant exemptions from compliance with provisions of CAR 1988, CASR 1998, or a Civil Aviation Order, subject to conditions that are necessary for the safety of air navigation. Delta Air Lines Inc., a US airline operator, has applied for and received an exemption to conduct low visibility take-offs in Australia using its Boeing 777 aircraft. CASA has assessed and approved the operator’s operations manuals and instructor guides for low visibility take-offs, finding them satisfactory. The exemption allows the operator to conduct take-offs in conditions below the standard visibility minima, provided certain conditions and limitations are met to ensure safety. The exemption is specifically tailored to the operator’s aircraft and operational standards, ensuring compliance with safety requirements. The exemption granted under the Civil Aviation Act 1988 (the Act) is subject to strict conditions and limitations to ensure the safety of air navigation. The operator must adhere to these conditions, which include specific performance standards and operational protocols for low visibility take-offs. The exemption is also subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). However, in this case, consultation under section 17 of the LIA was not undertaken as the exemption is not considered prejudicial to safety and aligns with similar exemptions granted to other operators. Failure to comply with the conditions of the exemption may result in serious consequences. Under subregulation 257(3) of CAR 1988, it is an offence for an aircraft to take off if the meteorological conditions are below the determined minima, carrying potential criminal penalties. Additionally, any breach of the conditions specified in the exemption instrument could lead to CASA taking enforcement actions, including the possibility of revoking the exemption, and potentially grounding the aircraft. The specific penalties for non-compliance with the exemption conditions are not detailed in the explanatory statement, but generally, severe penalties can be imposed for endangering the safety of air navigation.