Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — take-off with residual traces of frost and ice
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.
Legislation
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), CASA may grant an exemption from a provision of the Regulations, including CAR 1988 or a provision of the Civil Aviation Orders, 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), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Instrument
Having taken into account all relevant safety considerations, CASA is satisfied that larger aircraft may be able to operate safely on take-off with residual traces of snow, frost and ice, provided the pilot in command complies with certain safety procedures. The exemption, therefore, permits an aircraft operated by Pionair Australia Pty Ltd, with a maximum take-off weight of more than 5 700 kg, to take off with residual traces of snow, frost and ice, subject to safety conditions.
Conditions
Under these conditions, before taking-off, the pilot in command must ensure that appropriate de-icing and anti-icing procedures, in accordance with the aircraft flight manual or the manufacturer’s instructions and data, have been used to remove all but residual snow, frost and ice from the aircraft. To ensure that there has been no subsequent build-up of snow, frost or ice, immediately before taking-off, he or she must also be satisfied that any residual snow, frost or ice will not affect the performance of the aircraft or any of its equipment or instruments.
Legislative Instruments Act
Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act. Subsection 98 (5AA) of the Act states that an instrument issued under paragraph 98 (5A) (a), as this is, is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to a class of aircraft and so is a legislative instrument.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The exemption renews instrument CASA EX78/10 (as amended) which ceased to have effect at the end of 30 September 2011.
The instrument comes into effect on the day of registration. It stops having effect at the end of 30 September 2014
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX110/11]
Overview
The Civil Aviation Safety Regulations 1998, amended by F2011L02062, provide an exemption to the requirement for aircraft to be completely free from frost and ice before take-off, addressing a gap in safety protocols for larger aircraft. Enacted by the Australian Government through the Civil Aviation Act 1988, this regulation empowers the Civil Aviation Safety Authority (CASA) to issue safety exemptions under specific conditions. The policy objective behind this exemption is to ensure that larger aircraft can safely take off with residual traces of snow, frost, and ice, provided certain safety conditions are met, thereby enhancing operational flexibility while maintaining stringent safety standards. This legislative instrument is subject to the Legislative Instruments Act 2003 and, as such, requires tabling and potential disallowance in the Parliament. The exemption, which applies to aircraft operated by Pionair Australia Pty Ltd with a maximum take-off weight exceeding 5,700 kg, specifies that pilots must adhere to stringent de-icing and anti-icing procedures and confirm that any residual snow, frost, or ice will not impair aircraft performance.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the instrument CASA EX110/11, pertain to the take-off of larger aircraft that may operate with residual traces of snow, frost, and ice, subject to specified conditions. This exemption applies specifically to aircraft operated by Pionair Australia Pty Ltd, with a maximum take-off weight exceeding 5700 kg, and is grounded in the Civil Aviation Act 1988, which empowers the Governor-General to enact regulations for air navigation safety. The exemption allows for departures from the standard requirement under the Civil Aviation Regulations 1998 that external surfaces of aircraft must be completely free from frost and ice before take-off. This legislative instrument, which is subject to the Legislative Instruments Act 2003, is designed to ensure safety while accommodating operational realities, and it is effective until 30 September 2014, after which it will cease unless renewed. The exemption may be accompanied by conditions that the Civil Aviation Safety Authority may impose to safeguard air navigation, and it must be published on the internet as mandated by regulation 11.225 of the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) include a specific exemption concerning take-off conditions for larger aircraft under certain circumstances. According to section 244(1)(c) of the Civil Aviation Regulations 1988 (CAR 1988), before taking off, the pilot in command of an aircraft must ensure all external surfaces are free from frost and ice. However, under paragraph 11.160(1) of the CASR 1998, the Civil Aviation Safety Authority (CASA) can grant exemptions from this requirement, provided the exemption is in the interests of air navigation safety. The exemption in question, found under instrument number CASA EX110/11, allows an aircraft operated by Pionair Australia Pty Ltd, with a maximum take-off weight over 5,700 kg, to take off with residual traces of snow, frost, and ice, subject to certain safety conditions.
The obligations imposed by the exemption require the pilot in command to ensure that appropriate de-icing and anti-icing procedures have been used to remove all but residual snow, frost, and ice from the aircraft. Additionally, before take-off, the pilot must be satisfied that any residual snow, frost, or ice will not affect the aircraft's performance or any of its equipment or instruments. This requirement aligns with the safety protocols set out in the aircraft's flight manual or the manufacturer’s instructions and data. Compliance with these conditions ensures that the aircraft can take off safely despite the presence of residual snow, frost, or ice.
Failure to comply with the conditions of the exemption may result in civil or criminal penalties, depending on the severity of the breach. Under the Legislative Instruments Act 2003 (LIA), exemptions issued under section 11.160 of the CASR 1998 are considered legislative instruments and are subject to tabling and disallowance in Parliament. However, the specific penalties for breaching the conditions of this exemption are not detailed in the provided text. Generally, non-compliance with aviation safety regulations can lead to enforcement actions by CASA, which may include fines, suspension or revocation of operating certificates, and other regulatory sanctions. The seriousness of the breach may also result in criminal charges, potentially leading to imprisonment, depending on the jurisdiction and the nature of the violation.