CASA EX120/11 – Exemption – participation in land and hold short operations

Overview

The Civil Aviation Safety Regulations 1998, amended through legislative instrument F2011L02504, address the need to manage the safety of air navigation while accommodating specific operational practices such as land and hold short operations (LAHSO). The instrument, issued by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988, allows Airbus A320 series aircraft operated by Air New Zealand to participate in LAHSO, which involve complex coordination between aircraft on intersecting runways. This exemption, which applies to a class of aircraft, was deemed necessary to maintain an acceptable level of aviation safety and is subject to parliamentary oversight as a legislative instrument under the Legislative Instruments Act 2003. The exemption follows consultation with Air New Zealand and Airservices Australia, and it renews a previous exemption, CASA EX105/09, extending its validity until the end of November 2014.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by this exemption, apply to Air New Zealand, specifically to their Airbus A320 series aircraft, enabling these aircraft to participate in land and hold short operations (LAHSO) in Australian airspace. This exemption is granted to maintain an acceptable level of aviation safety as recognised by the New Zealand Civil Aviation Authority. The exemption applies to a class of aircraft, namely the Airbus A320 series operated by Air New Zealand, and is thus a legislative instrument subject to tabling and disallowance under the Legislative Instruments Act 2003. This legislative instrument replaces CASA EX105/09 and is effective from 1 December 2011 until the end of 30 November 2014. It was issued by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority in accordance with the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under Section 98(1) of the Civil Aviation Act 1988 allow the Governor-General to create regulations for the Act and for air navigation safety. Specifically, subregulation 11.160(1) permits the Civil Aviation Safety Authority (CASA) to grant exemptions from CASR 1998 provisions through instruments. This exemption, for instance, allows specified aircraft to engage in land and hold short operations (LAHSO). CASA can grant these exemptions to individuals or classes of persons as per subregulation 11.160(2) and can impose necessary conditions under subregulation 11.205(1) to ensure air navigation safety. The obligations imposed by the Act and the CASR 1998 require Airservices Australia, as an approved air traffic services provider, to ensure its services comply with specified standards, including those outlined in the Manual of Standards Part 172 (MOS). The MOS includes specific requirements for conducting LAHSO, which involve aircraft landing on one runway while another aircraft takes off or lands on another runway simultaneously. Under subsections 10.13.5.3, 10.13.5.4, and 10.13.5.7 of the MOS, foreign registered civil aircraft are generally not allowed to participate in LAHSO. However, this exemption allows Airbus A320 series aircraft operated by Air New Zealand to engage in LAHSO under certain conditions, provided they have been approved by the New Zealand Civil Aviation Authority and meet Australia's safety standards. Failure to comply with the conditions of the exemption could result in various consequences. Under subregulation 11.160(3) of the CASR 1998, CASA can cancel an exemption if it is not being complied with or if it no longer serves the interests of air navigation safety. Furthermore, any breach of the conditions imposed by CASA may lead to civil or criminal penalties. The exact penalties depend on the severity of the breach and could include fines and potential legal actions under the Civil Aviation Act 1988. The maximum penalties for serious breaches can be substantial, reflecting the critical importance of aviation safety. The exemption issued by CASA is subject to the Legislative Instruments Act 2003 (LIA). As a legislative instrument, it must be tabled and is subject to disallowance in the Parliament under sections 38 and 42 of the LIA. This exemption applies to a class of aircraft, specifically Airbus A320 series aircraft operated by Air New Zealand, and hence is considered a legislative instrument. The instrument, numbered CASA EX120/11, replaces the previous exemption CASA EX105/09 and will be effective from 1 December 2011 until the end of 30 November 2014. The exemption was issued by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 73(2) of the Act.