CASA EX104/11 – Exemption – participation in land and hold short operations

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, providing a framework for the regulation of civil aviation. The Civil Aviation Act 1988 established these regulations, empowering the Civil Aviation Safety Authority (CASA) to issue instruments to address matters affecting the safe navigation and operation of aircraft, as well as their airworthiness and design standards. The explanatory statement for F2011L01915 addresses the exemption for Jetstar Airways Pty Ltd's Airbus A321 aircraft to participate in land and hold short operations (LAHSO), which involve simultaneous landing and take-off operations on different runways. This exemption, issued under the authority granted by subsection 98(5A) of the Civil Aviation Act 1988, allows these aircraft to engage in LAHSO operations within Jetstar's network, provided they comply with the specified landing distances. The exemption is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, and it has been issued without prior consultation under section 17 of that Act. This exemption replaces previous exemptions and is set to be effective from 1 October 2011 until the end of September 2014, reflecting CASA's assessment of the safety benefits of such operations.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998), pursuant to the Civil Aviation Act 1988, governs the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) being the regulatory body responsible for overseeing compliance. This particular instrument pertains to exemptions from specific provisions of the CASR 1998, particularly in relation to participation in land and hold short operations (LAHSO) by Jetstar Airways Pty Ltd, specifically for its Airbus A321 aircraft. This exemption is granted under subregulation 11.160 of the CASR 1998, allowing the specified aircraft to engage in LAHSO, which involves simultaneous landing and take-off operations on different runways. The exemption applies to a class of aircraft and thus constitutes a legislative instrument, subject to the processes outlined in the Legislative Instruments Act 2003. This instrument, CASA EX104/11, comes into effect on 1 October 2011 and will cease to have effect at the end of September 2014, replacing the previous exemption CASA EX76/09. The decision to issue this exemption was made by the Director of Aviation Safety on behalf of CASA, and while consultation under the Legislative Instruments Act had not been undertaken prior to its issuance, it follows a similar pattern to exemptions granted to other operators, which have been beneficial for air traffic services.

Key Provisions

The key operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this exemption pertain to the granting of exemptions by the Civil Aviation Safety Authority (CASA) for certain operations, specifically land and hold short operations (LAHSO). Subregulation 11.160(1) allows CASA to grant exemptions from certain provisions of the CASR 1998 if it is necessary for the safety of air navigation. This exemption is applicable to a class of aircraft, specifically Airbus A321 aircraft operated by Jetstar Airways Pty Ltd, enabling them to participate in LAHSO. The exemption is detailed in subregulation 172.065(1) of CASR 1998, which mandates that any air traffic services must adhere to specified standards, including those set out in the Manual of Standards Part 172—Air Traffic Services (MOS). The obligations imposed by this Act on the relevant parties include ensuring that any exemptions granted are strictly for the purpose of maintaining the safety of air navigation. CASA must ensure that the Airbus A321 aircraft operated by Jetstar Airways comply with the specified LAHSO landing distances under normal operating conditions. Jetstar Airways must adhere to the conditions stipulated by CASA, which may include specific operational protocols and safety measures, to ensure that the participation in LAHSO does not compromise the safety of air navigation. Additionally, CASA must publish the exemption on the internet, as required by regulation 11.225 of CASR 1998, and the exemption must cease no later than three years from its commencement unless a specific end date is provided. The legislation also outlines potential consequences for non-compliance. While the explanatory statement does not explicitly detail penalties for breaches, under Australian law, non-compliance with aviation safety regulations can result in significant civil or criminal penalties. For instance, under the Civil Aviation Act 1988, an operator found to have violated safety regulations may face fines up to several thousand dollars, and in severe cases, criminal charges could be brought against individuals responsible for the breach. CASA can also impose conditions on the exemption, and failure to comply with these conditions can lead to the revocation of the exemption and potential legal action against the operator. This exemption, as a legislative instrument, is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Although consultation under section 17 of the LIA was not undertaken prior to the issuance of this instrument, the exemption is based on similar exemptions that have been granted to other operators and have demonstrated benefits for the provision of air traffic services. The exemption is effective from 1 October 2011 and will cease to have effect at the end of September 2014, unless otherwise specified. It is issued by the Director of Aviation Safety on behalf of CASA, under subsection 73(2) of the Civil Aviation Act 1988.