Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — A380 operations at certain aerodromes
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
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 the Civil Aviation Regulations 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.
Regulation 139.015 of CASR 1998 states that the standards for aerodromes are those set out in the Manual of Standards Part 139 — Aerodromes (the Manual) referred to in regulation 139.010. Regulation 139.165 states that the operator of a certified aerodrome must ensure that the physical characteristics of the movement area comply with the standards set out in the Manual. The standards that are applicable to an aerodrome are determined by reference to the aircraft category to which the largest aircraft for whose use the aerodrome is intended belongs. Particulars of the categories are set out in the Manual. The size of the A380 would classify it as a Category F aircraft. This is the highest aircraft category. For comparison, the Boeing 747 type is a Category E aircraft. It has, however, been determined by international and national authorities, including ICAO and the European Aviation Safety Agency, that A380 aircraft may use runways and taxiways that have been designed to accommodate Category E aircraft, subject to certain modifications being carried out such as the widening and strengthening of runway and taxiway shoulders. These modified standards applicable to A380 aircraft operations are set out in the Manual.
Exemptions have also been granted under regulation 139.020 of CASR 1998 to allow certain code letter E runways and taxiways, which do not meet the extended standards, to be used by A380 aircraft. Regulation 139.020 has now been revoked. Instruments issued under regulation 139.020 were not legislative instruments.
This instrument renews the current exemption, CASA EX84/09, issued under regulation 139.020 which is due to expire at the end of September 2011. Most of the aerodromes referred to are alternate aerodromes, and 1 runway at Melbourne International Airport is also included.
The exemption is subject to conditions to ensure that operations of the A380 aircraft do not endanger safety on runways with the narrower shoulders.
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 (5A) (a) 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 was undertaken with aerodrome operators and the operators of A380 aircraft before the issue of the previous exemptions.
The instrument commences on 1 October 2011 and stops having effect at the end of September 2014. It has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX114/11]
Overview
The Civil Aviation Safety Regulations 1998, as amended by F2011L01982, address the operational challenges posed by the Airbus A380 aircraft at certain aerodromes, particularly regarding the structural modifications required for its safe use on runways designed for Category E aircraft. Enacted by the Parliament of Australia and administered by the Civil Aviation Safety Authority (CASA), the regulation seeks to ensure the safe navigation and operation of aircraft, including the A380, without compromising air navigation safety. The exemption issued under regulation 11.160 of the Civil Aviation Safety Regulations 1998 allows A380 operations on specified aerodromes, subject to specific conditions that mitigate any safety risks associated with the aircraft's size and the narrower shoulders of certain runways. This legislative instrument, subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, extends the exemption issued under CASA EX84/09, ensuring continuity in A380 operations at designated aerodromes until the end of September 2014.
Scope and Application
The Civil Aviation Safety Regulations 1998, as supplemented by the exemption outlined in the instrument F2011L01982, primarily applies to the operation of Airbus A380 aircraft at certain aerodromes within Australia. The exemption, which extends to a class of aircraft, permits the use of certain aerodromes and their runways and taxiways by A380 aircraft despite not fully meeting the extended standards typically required for Category F aircraft. This is subject to conditions imposed by the Civil Aviation Safety Authority (CASA) to ensure that the operations do not compromise the safety of air navigation. The exemption is a legislative instrument under the Civil Aviation Act 1988 and must be tabled and potentially disallowed in Parliament in accordance with the Legislative Instruments Act 2003. The exemption specifically addresses aerodromes that have been modified to accommodate the unique requirements of A380 operations, with most of the covered aerodromes being alternate aerodromes and one runway at Melbourne International Airport. The exemption is set to expire at the end of September 2014, but can be renewed or modified by CASA in accordance with the regulatory framework.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to the exemption for A380 operations at certain aerodromes are sections 11.160 and 139.020, along with the associated regulations in the Manual of Standards Part 139. Section 11.160(1) provides the authority for the Civil Aviation Safety Authority (CASA) to grant exemptions from certain provisions of the CASR 1998 for safe navigation and operation, or the maintenance, of aircraft, as well as airworthiness and design standards. Section 139.020, which has since been revoked, previously allowed for exemptions related to the physical characteristics of aerodromes, enabling A380 operations at certain aerodromes not fully meeting the required standards. Regulation 139.015 refers to the standards for aerodromes set out in the Manual of Standards Part 139.
The obligations and requirements imposed by these sections on the parties involved are multifaceted. Aerodrome operators must ensure that their facilities comply with the standards set out in the Manual, specifically those applicable to the category of aircraft they intend to accommodate. For A380 operations, this means either meeting the higher standards for Category F aircraft or, under the exemption, the modified standards for Category E aircraft with certain modifications such as widened and strengthened runway and taxiway shoulders. CASA has the authority to grant exemptions subject to conditions that ensure safety, such as specific operational restrictions to mitigate risks associated with narrower runway shoulders. These exemptions must be published on the Internet and can last up to three years.
Breaching the conditions of these exemptions can lead to serious civil and criminal consequences. Under section 98(1) of the Civil Aviation Act 1988, CASA can take enforcement action against any non-compliance with the Civil Aviation Safety Regulations 1998, including the issuance of fines and, in severe cases, criminal prosecution. The maximum penalties for breaches can vary, but they are typically substantial, reflecting the critical nature of aviation safety. For example, breaches involving significant safety risks could lead to fines of up to $222,200 for individuals and $1,111,000 for corporations, along with potential imprisonment terms. The specific penalties depend on the nature and severity of the breach.