CASA EX105/10 – Exemption – from standard take-off and landing minima – Jetstar

Overview

The Civil Aviation Regulations 1988, amended by instrument CASA EX105/10, address the need for exemptions from standard take-off and landing minima for Jetstar Airways' operations. Enacted by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988, this instrument aims to facilitate Jetstar Airways in performing low visibility take-offs and landings both within and outside Australian territory. The policy objective is to ensure that these operations are conducted under conditions that do not compromise safety, while also considering the operational needs of the airline. CASA has determined that the specified visibility standards, aircraft equipment requirements, crew qualifications, and operational limitations will maintain safety standards. The instrument is subject to disallowance in the Parliament and, while consultation under the Legislative Instruments Act 2003 was not undertaken, the exemption is considered beneficial to the operator with minimal impact on business compliance costs.

Scope and Application

The Civil Aviation Regulations 1988, as amended, govern the safety of air navigation within Australian territory and beyond, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact regulations concerning aviation safety, including the determination of meteorological minima for take-off and landing at aerodromes. The Civil Aviation Safety Authority (CASA) is empowered to determine these minima, which must be published in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAMS), and non-compliance is an offence. CASA has issued an exemption under subregulation 308 of the Civil Aviation Regulations 1988 for Jetstar Airways, allowing them to operate under lower visibility minima than the standard requirements for take-off and landing. This exemption applies to operations both within Australia and outside its territory, provided the aircraft are properly equipped and the flight crew meet specified training, experience, and competency benchmarks. The exemption is a legislative instrument subject to tabling and disallowance in the Parliament, as per the Legislative Instruments Act 2003. This exemption is designed to facilitate Jetstar Airways' operations in low visibility conditions, provided it does not compromise safety, and is effective from the day after its registration until the end of 30 November 2012.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide for a regulatory framework governing the safety of air navigation. 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. Subregulation 257(1) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to determine the meteorological minima for landing or take-off at an aerodrome, which must be published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMS). Subregulation 257(3) makes it an offence to take off if any element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome. The standard meteorological minima for take-off and landing are set out in instrument CASA 237/10 and in AIP En Route 1.5, sections 4.3 and 4.4. The minimum visibility for take-off is 550 metres inside or outside Australian territory. An exemption would be required to operate in lesser minimum visibility. Subregulation 308(1) of CAR 1988 allows CASA to exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308(2) requires CASA to consider any relevant safety considerations before making an exemption. Subregulation 308(3) allows CASA to make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety. Subregulation 308(3A) makes it an offence to contravene a condition of an exemption that is otherwise being relied upon for an operation. CASA issued an instrument exempting various aeroplanes operated by Jetstar Airways Pty Limited (Jetstar Airways) from the standard meteorological minima for take-off and landing (CASA EX88/09). This exemption revokes the previous instrument and applies to CAT III and CAT II minima, as well as low visibility landings. Jetstar Airways must ensure that specified visibility standards are met for landings and take-offs. They may be performed only at aerodromes properly equipped to support them. Flight crew training, experience, recency and competency must meet specified benchmarks. Aircraft equipment must be maintained. Operational restrictions and limitations must be observed. Appropriate foreign approvals for the operations must be obtained. A range of documents for inspection must be carried on board the aircraft. Under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (the LIA), the exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. The exemption is of beneficial effect to the operator, and a Regulation Impact Statement has not been prepared as it is not considered prejudicial to the interests of safety and will have only a nil to low impact on business. The instrument commences on the day after it is registered and stops having effect at the end of 30 November 2012. The exemption has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Act. The exemption may be contravened, which is an offence under subregulation 308(3A) of CAR 1988. The maximum penalty for an individual is a fine of 200 penalty units or imprisonment for one year, or both. The maximum penalty for a body corporate is a fine of 1,000 penalty units. A penalty unit is currently $222. CASA may also take enforcement action, such as suspending or cancelling an aircraft operator certificate, a pilot licence, or a maintenance release.