CASA EX101/16 - Exemption — take-off with traces of frost

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L01075 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — take-off with traces of frost

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

Under paragraph 244 (1) (c) of the Civil Aviation Regulations 1988 (CAR 1988), immediately before taking off, the pilot in command of an aircraft must ensure that all external surfaces of the aircraft are completely free from frost and ice.

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.

 

Instrument

CASA previously issued instrument CASA EX13/14, which allowed larger aircraft with maximum take-off weight (MTOW) over 5 700 kg conducting regular public transport (RPT) and charter operations to take off with residual traces of frost or ice.

 

This instrument renews the exemption in CASA EX13/14. The instrument exempts pilots in command of larger aircraft from complying with paragraph 244 (1) (c) of CAR 1988. The exemption is subject to a range of conditions, including that the aircraft must not have any frost, ice or snow adhering to the aircraft’s critical surfaces, other than a limited amount of frost, caused by cold-soaked fuel, on the underside of the wings in limited circumstances.

 

Having taken into account all relevant safety considerations, CASA is satisfied that larger aircraft engaged in RPT and charter operations may safely conduct take-off with frost adhering to the underside of their wings caused by cold-soaked fuel, provided that take-off is conducted in accordance with the aircraft flight manual, the flight crew operating manual or the dispatch deviation guide instructions. This means that the depth of frost permissible on the underside of the aircraft’s wings before commencing take-off will be determined by the aircraft manufacturer. The instrument also allows larger aircraft to conduct take-off with a thin layer of hoarfrost on the upper fuselage if permitted by the aircraft manufacturer.

 

Legislation Act 2013 (LA)

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of persons, being pilots in command of aircraft with an MTOW of more than 5 700 kg that are engaged in RPT or charter operations. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

In 2011, CASA published a draft of proposed amendments to Part 91 of CASR 1998,

which included proposed standards relating to frost, ice and snow adhering to an aircraft, and invited comments from the aviation industry and the general public on the draft amendments.

 

In 2015, CASA published a further draft of proposed amendments to Part 91 of CASR 1998 and a draft of proposed provisions of Part 121 of CASR 1998, which would apply to RPT and charter operations in large aeroplanes. The proposed standards included provisions relating to frost, ice and snow adhering to an aircraft. CASA again invited comments from the aviation industry and the general public on the draft provisions.

 

This instrument takes into account any comments received in response to that consultation.

 

Further consultation under section 17 of the LA has not been undertaken specifically for this instrument. The instrument remakes instrument CASA EX13/14, which had similar scope and effects and which expires at the end of June 2016.

 

CASA is satisfied that no further consultation is appropriate or necessary in these circumstances.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on 1 July 2016 and is repealed at the end of 31 May 2019.

[Instrument number CASA EX101/16]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — take-off with traces of frost

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument permits a larger aircraft with a maximum take-off weight of more than 5 700 kg that is engaged in regular public transport operations or charter operations to take off with frost adhering to the underside of its wings if that frost has been caused by cold-soaked fuel. The exemption is subject to conditions directed by CASA in the interest of safety, including that take-off be conducted in accordance with the aircraft flight manual, the flight crew operating manual or the dispatch deviation guide instructions for the aircraft, which specify the depth of frost permissible on the underside of the aircraft’s wings in order to conduct a safe take-off. The exemption also permits the aircraft to take off if there is a thin layer of hoarfrost on the upper fuselage of the aircraft if permitted by the aircraft manufacturer.

 

The primary purpose of the legislative instrument is to allow larger aircraft to take off even though they are not completely free from frost and ice, subject to compliance with the stated conditions.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998), enacted by the Parliament of Australia, address the safety and regulation of civil aviation within the country. These regulations were established to ensure that air navigation is conducted safely and efficiently, and to provide a comprehensive framework for the oversight and management of civil aviation activities. The problem or gap this legislation was introduced to address includes ensuring that all external surfaces of aircraft are free from frost and ice before take-off, as stipulated under the Civil Aviation Regulations 1988 (CAR 1988). However, recognising the operational realities and safety considerations, the Civil Aviation Safety Authority (CASA) has the power to grant exemptions to these regulations, provided it is in the interests of safety. In 2016, CASA introduced an exemption allowing larger aircraft with a maximum take-off weight over 5,700 kg, engaged in regular public transport or charter operations, to take off with residual traces of frost or ice, subject to specific conditions that ensure safety. This exemption is intended to provide flexibility while maintaining stringent safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) allow the Civil Aviation Safety Authority (CASA) to grant exemptions from specific provisions of the regulations to ensure the safety of air navigation. The exemption in focus permits larger aircraft, those with a maximum take-off weight exceeding 5,700 kg engaged in regular public transport (RPT) or charter operations, to take off with residual traces of frost or ice on their wings, provided these traces are caused by cold-soaked fuel. This exemption is subject to conditions set by CASA to ensure safety, such as adhering to the aircraft's flight manual or operating instructions. The exemption also allows for a thin layer of hoarfrost on the upper fuselage if permitted by the aircraft manufacturer. The exemption applies to a class of persons, specifically pilots in command of the specified aircraft, and is considered a legislative instrument under the Legislation Act 2013, requiring tabling and disallowance in Parliament. The exemption is published on the internet and has a maximum duration of three years, as per CASR 1998. This instrument, CASA EX101/16, commenced on 1 July 2016 and is set to expire on 31 May 2019, unless renewed. The instrument is compatible with human rights, as outlined in the Statement of Compatibility with Human Rights.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions that mandate aircraft to be free from frost and ice before take-off, a requirement found under paragraph 244(1)(c) of the Civil Aviation Regulations 1988 (CAR 1988). However, subregulation 11.160(1) of CASR 1998 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from this requirement under certain conditions, as empowered by section 98 of the Civil Aviation Act 1988 (the Act). This particular legislative instrument renews an existing exemption, CASA EX13/14, for larger aircraft with a maximum take-off weight (MTOW) over 5,700 kg engaged in regular public transport (RPT) and charter operations, permitting them to take off with residual traces of frost or ice, subject to specific conditions. These conditions include the exclusion of frost, ice, or snow on critical surfaces, except for a limited amount of frost on the underside of the wings due to cold-soaked fuel, and the adherence to instructions from the aircraft flight manual, the flight crew operating manual, or the dispatch deviation guide. The obligations imposed by this instrument on the parties it governs primarily involve ensuring compliance with the conditions specified for the exemption. Pilots in command of eligible aircraft must ensure that the take-off is conducted in accordance with the aircraft manufacturer's specified instructions, which dictate the permissible depth of frost on the underside of the aircraft’s wings and any permissible hoarfrost on the upper fuselage. CASA retains the authority to impose additional conditions on the exemption if necessary for the safety of air navigation, as stipulated under subregulation 11.205(1) of CASR 1998. The exemption must also be published on the Internet, and its maximum duration is set at three years, as per regulation 11.225 and subregulation 11.230(1) of CASR 1998. The legislative framework also outlines potential consequences for non-compliance with the conditions of the exemption. Although the specific penalties for breaching the conditions of the exemption are not detailed in the provided text, general provisions under CASR 1998 would typically involve civil or criminal penalties. The severity of these penalties could vary, but they generally aim to enforce compliance to maintain the high standards of aviation safety. The instrument itself is a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislation Act 2013 (LA). This regulatory oversight ensures that the exemption aligns with legislative standards and safety considerations.

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Regulation
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take-off with traces of frost

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.