CASA EX125/11 - Exemption - from standard take-off minima – Virgin Australia

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2011L02724 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption – from standard take-off minima – Virgin Australia

 

Legislation

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.

 

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.

 

Under subregulation 257 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may determine the meteorological minima, that is the visibility requirements, for landing or take-off at an aerodrome. Under subregulation 257 (2), the determination must be published in AIP or NOTAMS. Under subregulation 257 (3), it is an offence for an aircraft to take off if an element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome.

 

The determination of standard meteorological minima for take-off and landing was made in instrument CASA 70/11. The minima are also set out in AIP En Route 1.5, section 4.3. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 550 metres. An exemption would be required to operate in lesser minimum visibility.

 

CASA had issued an instrument (CASA EX71/10) exempting various aeroplanes operated by Virgin Blue Airlines Pty Limited (Virgin Blue) from the standard meteorological minima for take‑off. This exemption replaces that instrument. This exemption now refers to A330 aircraft as well as the other Virgin Blue aircraft that were included. The name of the operator has been changed to Virgin Australia Airlines Pty Ltd.

 

All other conditions remain unaltered. The operator must ensure that specified visibility standards are met for take-offs, which may be performed only at aerodromes properly equipped to support them. Flight crew training, experience, recency and competency must meet specified benchmarks. Aircraft equipment must be maintained. Operational restrictions and limitations must be observed. Appropriate foreign approvals for the operations must be obtained. A range of documents for inspection must be carried on board the aircraft.

 

Legislative Instruments Act 2003 (the LIA)

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 classes of aircraft and so is a legislative instrument.

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is required by the operator to enable low visibility take-offs inside and outside Australian territory consistent with the standards and requirements specified in the instrument which are not considered prejudicial to the interests of safety.

 

Office of Best Practice Regulation (OBPR)

The exemption would be of beneficial effect to the operator. The OBPR does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that it will have only a nil to low impact on business.

 

Making and commencement

The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

The instrument commences on the day after it is registered. It stops having effect at the end of 30 November 2013.

 

[Instrument number CASA EX125/11]

Overview

The Civil Aviation Safety Regulations 1998, amended by the legislation F2011L02724, was introduced to address the specific needs of Virgin Australia Airlines Pty Ltd concerning the standard meteorological minima for take-off in low visibility conditions. Enacted by the Australian Government, the regulation was designed to enhance aviation safety while accommodating the operational requirements of the airline. This exemption, under the authority of Section 98 of the Civil Aviation Act 1988, allows CASA to tailor safety standards to specific aircraft and operations, ensuring that safety remains paramount. The policy objective is to facilitate safe aviation operations under conditions that would otherwise be restricted by the standard minima, provided that stringent conditions regarding flight crew competency, aircraft maintenance, and operational protocols are met. The exemption, which applies to classes of aircraft and is thus a legislative instrument, was made without consultation as it is deemed not to significantly impact business compliance costs, in line with the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions to ensure the safety of air navigation and the airworthiness of aircraft. Specifically, this exemption pertains to the standard take-off minima, allowing Virgin Australia Airlines Pty Ltd to operate in lower visibility conditions than those typically required. This exemption applies to the A330 aircraft as well as other aircraft previously covered under the exemption for Virgin Blue Airlines Pty Ltd. The exemption is applicable to take-offs conducted at aerodromes equipped to support such operations, and it mandates adherence to specified standards for flight crew training, aircraft equipment maintenance, and operational restrictions. Additionally, the exemption includes requirements for obtaining appropriate foreign approvals and carrying necessary documents on board. The exemption is a legislative instrument as it applies to a class of aircraft and is published on the Internet, ceasing to have effect no later than 3 years from its commencement, which in this case is 30 November 2013.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions for exemptions from standard take-off minima, as outlined in section 11.160(1). These exemptions can be granted by the Civil Aviation Safety Authority (CASA) under certain conditions, as specified in section 11.205(1). Specifically, subregulation 257(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows CASA to determine the meteorological minima for landing or take-off at an aerodrome, which must be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAMs). An exemption from these standard meteorological minima can be granted if an aircraft operator, such as Virgin Australia Airlines Pty Ltd, meets specified conditions related to flight crew training, aircraft equipment, and operational restrictions. The obligations imposed by this legislation require Virgin Australia to ensure that their A330 aircraft meet the specified visibility standards for take-off, which can only be performed at aerodromes equipped to support such operations. Flight crew must meet specified benchmarks for training, experience, recency, and competency. Aircraft equipment must be maintained to the required standards, and all operational restrictions and limitations must be observed. Additionally, Virgin Australia must obtain any necessary foreign approvals for their operations and carry a range of required documents on board the aircraft for inspection. Failure to comply with the conditions of the exemption may result in civil or criminal consequences. Under subregulation 257(3) of CAR 1988, it is an offence for an aircraft to take off if the meteorological conditions are below the determined minima for that operation. Such an offence could result in penalties as prescribed by the relevant aviation laws. Furthermore, the exemption itself is a legislative instrument under the Legislative Instruments Act 2003 (LIA) and must be registered and published on the Internet as per regulation 11.225 of CASR 1998. The exemption is in effect until the end of 30 November 2013, after which it ceases unless extended by CASA.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.