Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — minimum runway width
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.
Under subregulation 235A (2) of the Civil Aviation Regulations 1988 (CAR 1988), the pilot in command of an aeroplane must not land at, or take-off from, a runway if the minimum runway width of the runway is less than the minimum runway width specified in instructions issued by CASA under subregulation 235A (1) for that aeroplane or the type in which the aeroplane is included.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that CASA may exempt a person, or class of persons, from compliance with a provision of CASR 1998. Subregulation 11.170 (3) provides that CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. Regulation 11.205 provides that CASA may impose on an exemption any condition necessary in the interests of the safety of air navigation and set out that condition in an instrument of exemption.
New CASA instructions on minimum runway widths came into effect on 1 March 2012 (instrument CASA 61/12). These instructions are of general application and do not, except in 1 instance, differentiate between aeroplanes used in different classes of operation. The minimum widths are based on aerodrome reference codes published by the International Civil Aviation Organization (ICAO) and the Manual of Standards Part 139 – Aerodromes. Previous versions of the instructions had referred to both the ICAO aerodrome reference codes and to the minimum widths recommended in an Advisory Circular published by the Federal Aviation Administration of the United States.
The publication of the new instructions resulted in some unintended consequences for certain aeroplane operations and resulted in some aeroplane operators requiring exemptions for operations into aerodromes into which they were previously allowed to operate. CASA intends to revise the instructions issued under subregulation 235A (1) of CAR 1988 to address these matters. In the interim, the present exemption from compliance with subregulation 235A (2) provides relief from the instructions to aeroplane operators conducting private, and aerial work, operations. These operators are subject to a general requirement in regulation 92 of CAR 1988 that the aerodrome must be suitable for the safe landing and take-off of the aeroplane. Part 137 of CASR 1998 contains a similar general requirement for aeroplanes conducting aerial application operations. This general outcome-based approach is more in line with the regulatory approach being adopted in the proposed amendments to CASR 1998 as regards to ensuring that aerodromes are suitable for the safe operation of aircraft.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of persons. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA has been undertaken through the Standards Consultative Committee (SCC), which is a joint industry/CASA body and by a posting on the CASA website. Comments received on the exemption related to CASA’s intentions to regulate runway widths in respect of regular public transport, and charter, operations, reducing the need for operators of these aeroplanes to have to apply for time-limited exemptions, and the application of the exemption at specific aerodromes and to specific aeroplanes.
Office of Best Practice Regulation (OBPR)
OBPR has assessed the impact of the exemption as minor and further analysis in the form of a Regulation Impact Statement is not required (OBPR id: 14068).
Human Rights Compatibility Statement
This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Commencement and making
The instrument commences on the day after registration and stops having effect at the end of July 2015.
The exemption has been issued by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX126/12]