CASA EX105/09 – Exemption – participation in land and hold short operations

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were amended in 2009 to allow for exemptions in compliance with certain provisions, specifically relating to land and hold short operations (LAHSO) under subregulation 11.160. The problem this legislation aimed to address was the need to allow certain aircraft, specifically those registered in foreign countries but operating under the Australia and New Zealand Agreement privileges, to participate in LAHSO. These operations involve complex coordination where an aircraft lands on one runway while another aircraft takes off or lands on a different runway simultaneously. The Civil Aviation Safety Authority (CASA) identified a gap in existing regulations that prevented these aircraft from participating in LAHSO without compromising aviation safety. The exemption was introduced to bridge this gap, allowing eligible aircraft to engage in LAHSO, which is crucial for efficient airport operations. The policy objective was to maintain an acceptable level of aviation safety while facilitating smoother and more efficient air traffic management. The instrument was made by a delegate of CASA, under subregulation 11.260(1) of CASR 1998, and is subject to disallowance in Parliament as per the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for granting exemptions from compliance with certain regulations to ensure the safety of air navigation. Under the authority of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) can issue exemptions from specific provisions of the CASR 1998 to particular individuals or classes of individuals, provided such exemptions do not compromise aviation safety. This regulatory flexibility allows CASA to address specific operational needs while maintaining the overarching goal of safety. The exemption concerning land and hold short operations (LAHSO) pertains to foreign registered commercial aircraft that are otherwise restricted from participating in such operations under the Manual of Standards Part 172. This exemption applies to operators holding, or eligible for, Australia and New Zealand Agreement privileges and approved by the New Zealand Civil Aviation Authority to engage in LAHSO. The exemption is subject to conditions deemed necessary by CASA to preserve an acceptable level of aviation safety. As a legislative instrument, this exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This particular exemption replaces an earlier exemption and is effective from 1 December 2009 until 30 November 2011.

Key Provisions

The main provisions of this legislation, the Civil Aviation Safety Regulations 1998 (CASR 1998), involve granting exemptions to certain foreign registered commercial aircraft for participation in land and hold short operations (LAHSO). According to subregulation 11.160(1) and (2) of the CASR 1998, the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions from certain regulations to specific individuals or classes of individuals. Furthermore, subregulation 11.205(1) allows CASA to impose conditions on such exemptions as deemed necessary for the safety of air navigation. This exemption is specifically tailored for aircraft that are either active or passive participants in LAHSO, which involves an aircraft landing on one runway while another aircraft takes off or lands on another runway at the same time. The obligations imposed by this legislation primarily concern the safety standards that must be maintained during LAHSO. According to subregulation 172.065(1) of the CASR 1998, Air Traffic Service (ATS) providers must ensure that their services comply with specified standards, including those outlined in the Manual of Standards Part 172 (MOS). The MOS sets forth requirements for the conduct of LAHSO, including the types of aircraft that are permitted to participate. Under subsections 10.13.5.3, 10.13.5.4, and 10.13.5.7 of the MOS, foreign registered commercial aircraft that are not permitted to participate in LAHSO are those of performance categories A, B, or C. However, this exemption allows certain eligible aircraft to engage in LAHSO, provided they meet the criteria set by CASA and have been approved by the New Zealand Civil Aviation Authority. In terms of potential consequences for non-compliance, CASA considers that granting this exemption preserves an acceptable level of aviation safety, as stated in subregulation 11.170(3) of the CASR 1998. However, if an entity fails to adhere to the conditions imposed by the exemption, they could face civil or criminal penalties. According to the Legislative Instruments Act 2003 (LIA), this exemption is a disallowable instrument, which means it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. While the specific penalties for non-compliance with this exemption are not explicitly stated in the legislation, they could include fines, imprisonment, or other civil or criminal consequences depending on the nature and severity of the breach.