CASA EX112/12 - Exemption - participation in land and hold short operations

Overview

The Civil Aviation Safety Regulations 1998, amended by F2012L01590, address a specific safety concern regarding the participation of certain aircraft in land and hold short operations (LAHSO). Enacted by the Australian Government through the Civil Aviation Safety Authority (CASA), the exemption aims to ensure that the level of aviation safety is maintained while accommodating operational needs. The regulation allows Boeing 767-300 series aircraft operated by Qantas Airways Limited, previously excluded from LAHSO participation, to engage in these operations under specified conditions. This exemption is rooted in the Civil Aviation Act 1988, which empowers CASA to regulate air navigation safety, and it is designed to preserve acceptable safety levels as outlined in the Manual of Standards Part 172. The exemption, which is subject to parliamentary scrutiny under the Legislative Instruments Act 2003, is compatible with human rights and does not require additional consultation beyond the renewal of a previous exemption. It is effective from 1 August 2012 until 31 July 2014, providing a temporary solution to integrate these aircraft into LAHSO while ensuring safety standards are upheld.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of air navigation in Australia, and the explanatory statement details an exemption granted under these regulations for specific operations. Specifically, the exemption pertains to the participation of certain Boeing 767-300 series aircraft operated by Qantas Airways Limited in land and hold short operations (LAHSO), which involve aircraft landing on one runway while another aircraft takes off or lands on another runway simultaneously. The exemption applies to a class of persons and aircraft, specifically those previously approved by the Civil Aviation Safety Authority (CASA) but now excluded under the Manual of Standards Part 172 (MOS Part 172). CASA has determined that granting this exemption maintains an acceptable level of aviation safety. The exemption is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. Notably, this instrument does not raise any human rights issues and is compatible with the human rights and freedoms recognised in international instruments. The exemption is a renewal of a previous exemption granted to Qantas and is beneficial to the industry. It was made by a delegate of CASA and commenced on 1 August 2012, expiring at the end of 31 July 2014.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) empower the Civil Aviation Safety Authority (CASA) to grant exemptions from specific regulations to ensure the safety of air navigation, as per subsection 98(1) of the Civil Aviation Act 1988 (the Act). In this case, CASA has issued an exemption under subregulation 11.160(1) and (2) of CASR 1998, allowing certain aircraft to participate in land and hold short operations (LAHSO). These operations involve an aircraft landing on one runway while another aircraft takes off or lands on another runway at the same time. The exemption specifically applies to Qantas Airways Limited (Qantas) Boeing 767-300 series aircraft, which were previously allowed to participate in LAHSO under a CASA approval but were excluded under the Manual of Standards Part 172 (MOS Part 172) (subregulation 172.065(1)). CASA has granted this exemption considering it maintains an acceptable level of aviation safety (subregulation 11.170(3)). The exemption allows Qantas' Boeing 767-300 series aircraft to participate in LAHSO, even though these aircraft fall under performance category D, which has been excluded from LAHSO participation under MOS Part 172. The exemption is considered beneficial to the industry and has been granted as a legislative instrument under subsection 98(5A) of the Act. It applies to a class of persons and a class of aircraft and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). It is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 as it does not raise any human rights issues. The exemption imposes no new obligations on the parties or entities it governs. It merely allows Qantas' Boeing 767-300 series aircraft to participate in LAHSO, which they were previously excluded from under MOS Part 172. CASA has considered this exemption to preserve an acceptable level of aviation safety. There are no specific offences, penalties, or civil/criminal consequences for breach of this exemption. However, CASA may impose any condition necessary in the interests of the safety of air navigation (subregulation 11.205(1)). The exemption is in effect from 1 August 2012 and will cease on 31 July 2014.