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]
Overview
The Civil Aviation Safety Regulations 1998, as amended, include an exemption regarding the minimum runway width for certain aeroplane operations, enacted to address unintended consequences arising from the implementation of new CASA instructions on runway widths. These instructions, which came into effect on 1 March 2012, were based on international standards and resulted in some aeroplane operators needing exemptions for operations into aerodromes where they were previously permitted to operate. The exemption, issued by CASA, applies to operators conducting private and aerial work operations and provides relief from the minimum runway width requirements, aligning with a more outcome-based approach to ensuring aerodrome suitability for safe operations. The exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003 and was developed in consultation with industry stakeholders. The Office of Best Practice Regulation assessed the impact of the exemption as minor, and it is compatible with human rights. The exemption is effective until the end of July 2015.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) provide that the Civil Aviation Safety Authority (CASA) can grant exemptions to certain regulations to maintain a level of acceptable aviation safety. In particular, subregulation 11.160(1) allows CASA to exempt a person or class of persons from complying with a CASR 1998 provision, while subregulation 11.170(3) mandates that CASA prioritise the preservation of at least an acceptable level of aviation safety. This authority extends to imposing conditions on exemptions as necessary for air navigation safety, as outlined in regulation 11.205. The exemption in question applies to aeroplane operators conducting private and aerial work operations, providing relief from the minimum runway width instructions introduced by CASA on 1 March 2012. This exemption is intended to address unintended consequences arising from these new instructions, which were based on aerodrome reference codes published by the International Civil Aviation Organization (ICAO) and the Manual of Standards Part 139 – Aerodromes. The exemption is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 and is in effect until the end of July 2015.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring safety in air navigation and operations, with particular emphasis on the suitability of aerodromes for aircraft operations. Subsection 11.160(1) of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to exempt individuals or classes of individuals from certain regulatory requirements if it deems such an exemption necessary. This provision is exercised under subregulation 11.170(3), which mandates that the preservation of acceptable aviation safety standards must always be the paramount consideration. In this context, Regulation 11.205 empowers CASA to impose any conditions it deems necessary on such exemptions, which are then detailed in an exemption instrument.
Subregulation 235A(2) of the Civil Aviation Regulations 1998 (CAR 1998) requires that pilots in command must not land or take off from a runway unless it meets the minimum width specified in CASA’s instructions for the aeroplane or its type. This requirement ensures that aerodromes are suitable for the safe operation of aircraft. However, subregulation 11.160(1) allows CASA to exempt certain aeroplane operators from this rule, provided that the exemption does not compromise aviation safety. This exemption applies specifically to operators conducting private and aerial work operations, as outlined in the new CASA instructions that came into effect on 1 March 2012. These instructions, while generally applicable, do not differentiate between aeroplanes used in various classes of operation, except in one instance.
The exemption issued by CASA under subregulation 11.160(1) allows relief from the minimum runway width requirements for aeroplane operators involved in private and aerial work operations. This exemption is designed to address unintended consequences that arose from the new CASA instructions, which were based on the International Civil Aviation Organization (ICAO) aerodrome reference codes and the Manual of Standards Part 139 – Aerodromes. Operators under this exemption must still ensure that the aerodrome is suitable for the safe landing and take-off of their aeroplanes, as per regulation 92 of the CAR 1998 and a similar requirement in Part 137 of the CASR 1998. This approach aligns with the outcome-based regulatory framework CASA is adopting in its proposed amendments to the CASR 1998.
Failure to comply with the regulations and any imposed exemptions can result in civil or criminal penalties. Under the Civil Aviation Act 1988, CASA may take enforcement action against non-compliant operators. The maximum penalties for non-compliance can include substantial fines and, in severe cases, imprisonment. The specific penalties depend on the nature and severity of the breach, as outlined in the relevant sections of the Civil Aviation Act and the Civil Aviation Safety Regulations. CASA’s enforcement actions are intended to ensure that all aviation operations meet the necessary safety standards to protect the public and maintain the integrity of the aviation system.