CASA EX11/2003 - Exemption under regulation 308 from the requirements of paragraph 244(1)(c) - Removal of frost and ice before take-off

Overview

The Civil Aviation Regulations 1988, as amended, include an exemption from the requirements of paragraph 244(1)(c), enacted to address the operational needs of larger aircraft in specific circumstances. The Civil Aviation Act 1988 empowers the Governor-General to make regulations, with the Civil Aviation Safety Authority (CASA) having the authority to exempt categories of aircraft or persons from certain regulatory requirements, subject to safety conditions. This particular exemption, which was issued by the Director of Aviation Safety in accordance with the Act, allows aircraft with a maximum take-off weight exceeding 5,700 kg and engaged in regular public transport operations to take off with residual traces of snow, frost, and ice, provided that appropriate procedures are followed and the pilot in command is satisfied that such residual elements will not impact aircraft performance or equipment. The exemption, which came into effect upon gazettal, is set to expire at the end of June 2006, and is subject to disallowance under the Acts Interpretation Act 1901.

Scope and Application

The Civil Aviation Regulations 1988 provide a framework for the safe operation of aircraft within Australia, and section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to make these regulations. Specifically, subregulation 308(1) of the Civil Aviation Regulations 1988 allows the Civil Aviation Safety Authority (CASA) to exempt certain categories of aircraft or persons associated with the operation of these aircraft from specified provisions of the regulations. This exemption applies to larger aircraft, specifically those with a maximum take-off weight exceeding 5,700 kg and engaged in regular public transport operations, allowing them to take off with residual traces of snow, frost, and ice, provided they comply with the conditions set by CASA. These conditions include ensuring that appropriate procedures have been used to remove all but residual snow, frost, and ice, and that the pilot in command is satisfied that any remaining residue will not affect aircraft performance or the performance of any equipment or instruments. This exemption is subject to the authority of the Director of Aviation Safety and takes into account safety considerations. The exemption came into effect upon gazettal and ceased to have effect at the end of June 2006.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain a provision that exempts certain larger aircraft from the requirement to ensure that all external surfaces are completely free from frost and ice before take-off. Specifically, this exemption applies to aircraft with a maximum take-off weight of more than 5,700 kg and those engaged in regular public transport operations (subregulation 308(1)). Under this exemption, such aircraft are permitted to take off with residual traces of snow, frost, and ice, provided they comply with certain conditions (subregulation 244(1)). The pilot in command must ensure that appropriate procedures have been used to remove all but residual snow, frost, and ice from the aircraft and must be satisfied that any remaining residue will not affect aircraft performance or the performance of any equipment or instruments. The obligations imposed by this exemption are twofold. First, the pilot in command must use defined appropriate procedures to remove as much snow, frost, and ice as possible from the aircraft's external surfaces before take-off (subregulation 244(1)). Second, the pilot must personally be satisfied that any residual snow, frost, or ice will not impact the aircraft's performance or the functionality of any equipment or instruments on board. This includes ensuring that the aircraft can safely operate without any adverse effects caused by the residual contaminants. The exemption itself is a disallowable instrument, meaning it can be reviewed and potentially annulled if deemed inappropriate or unsafe by parliamentary committees (subregulation 308(4)). Failure to comply with the conditions of this exemption could lead to significant safety risks. While the Civil Aviation Act 1988 (the Act) does not explicitly outline specific offences or penalties for breaching the conditions of this exemption, any non-compliance with the Civil Aviation Regulations 1988 can result in enforcement actions. Such actions may include administrative penalties, the revocation of licences or certificates, and potential criminal charges if the breach results in a serious incident or endangers safety. The severity of these consequences can vary, but they are intended to ensure that aviation safety standards are upheld. The overarching principle is that any deviation from the stipulated conditions that compromises safety could have serious ramifications for all involved.