Explanatory Statement
Civil Aviation Regulations 1988
Exemption — Asian Express operations at Auckland aerodrome
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.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988. Before issuing an exemption, CASA must take into account all considerations relating to the interests of safety. Under subregulation 308 (3), an exemption is subject to the person complying with any conditions which CASA specifies as necessary in the interests of safety.
Subregulation 92A (1) of CAR 1988 provides that the pilot in command of an aircraft engaged in a regular public transport (RPT) operation and with a carrying capacity that exceeds 30 seats or 3 400 kilograms (larger aircraft) must not land or take off at a place that is not a licensed aerodrome.
Subregulation 92A (2) of CAR 1988 provides that subregulation (1) does not apply if the aircraft lands or takes off in accordance with subregulation (4) and the aerodrome is a military aerodrome, an aerodrome outside Australian territory or an alternate aerodrome (i.e. an aerodrome used because the intended destination is unavailable).
Subregulation 92A (3) of CAR 1988 requires that, except in an emergency, an aircraft engaged in an RPT operation and with a carrying capacity that is equal to, or less than, 30 seats or 3 400 kilograms (smaller aircraft) must not land or take off at a place that is not a licensed aerodrome, except in accordance with subregulation (4) or (4A).
Subregulations 92A (4) and (4A) place obligations on the pilot in command and the operator, respectively, if they are to carry out or permit a landing at an aerodrome that is not a licensed aerodrome. For example, the aerodrome must meet the requirements specified in subregulation 92A (5). These concern physical characteristics, markings, wind direction and lighting equipment, and the presence of reporting officers. Also the aerodrome operator must have arrangements in place to notify the operator or pilot in command of occurrences specified in subregulation 139.155 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998). These concern physical changes to the aerodrome, its operation or maintenance that may affect safety.
Between 25 March 2006 and 31 May 2006, inclusive, main runway 05R/23L at Auckland aerodrome will be undergoing maintenance. Operations on 05L/23R (normally a taxiway) would contravene the requirements set out above because of the nature of the taxiway. Asian Express Airlines Pty Ltd (Asian Express) has requested an exemption, for itself as operator and for its pilots, to allow operations on 05L/23R. A similar exemption was issued for the same reason in May 2004.
The exemption is subject to various safety conditions in relation to physical characteristics, wind direction and lighting equipment, and reporting officers. For take-offs and landings on 05L/23R, the graded runway strip width reduction must be not less than 122 metres for a limited distance of 265 metres. Take-offs and landings may only proceed while runway 05R/23L is under repair. Pilots and the operator must comply with the Asian Express operations manual and any instructions or conditions issued under the Civil Aviation Act 1990 of New Zealand in relation to a take-off or landing on the runway. Reference to the standards applicable under the Civil Aviation Rules of New Zealand is necessary because the New Zealand standards are not in all cases identical to those applicable under Part 139 of CASR 1998.
For safety reasons, additional conditions apply to take-offs only. A take-off on 23R must be conducted by the pilot in command. It may not occur in heavy rain or on standing water. An aircraft must not take off if it has particular items of permissible unserviceability in the form of a minimum equipment list.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. This exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. Consultation under section 17 of the LIA has not been undertaken because the instrument is necessary for a specific operator, at a specific aerodrome, during a specific period.
The instrument comes into effect (after it is registered on the Federal Register of Legislative Instruments) on 25 March 2006. It stops having effect at the end of 31 May 2006.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX12/06]