CASA EX127/12 - Exemption - from standard take-off and landing minima - Virgin Australia Airlines (NZ)

Overview

The Civil Aviation Safety Regulations 1998, amended by instrument F2012L01806, address the need for exemptions to standard take-off and landing minima for certain aircraft operators. Enacted under the authority of the Civil Aviation Act 1988, this legislation empowers the Civil Aviation Safety Authority (CASA) to issue exemptions necessary for safety-compliant low visibility operations (LVO) by Virgin Australia Airlines (NZ) Limited. The exemption allows the operator to conduct take-offs and landings with visibility lower than the standard minima, provided it adheres to the specified conditions. This measure facilitates operational flexibility while maintaining stringent safety standards, ensuring that the operations are conducted in a manner that does not compromise the safety of air navigation. The instrument, which was issued by CASA under the Civil Aviation Safety Regulations 1998, is subject to the Legislative Instruments Act 2003 and is required to enable Virgin Australia Airlines (NZ) to conduct low visibility operations inside Australian territory. The exemption is effective from 1 September 2012 until 31 August 2015, replacing a previous exemption for Pacific Blue Airlines (NZ) Limited. The exemption aims to ensure that the operator can conduct its operations consistent with the standards and requirements set forth, without adversely affecting the safety of air navigation.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the instrument CASA EX127/12, provide an exemption for Virgin Australia Airlines (NZ) Limited, formerly Pacific Blue Airlines (NZ) Limited, from the standard meteorological minima requirements for take-off and landing within Australian territory. This exemption allows the airline to conduct low visibility operations (LVO) under conditions specified by the Civil Aviation Safety Authority (CASA), which must be consistent with the safety standards set forth in the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. The exemption applies to a specific class of aircraft and personnel employed by the operator, subject to CASA's conditions that are necessary for the safety of air navigation. It is a legislative instrument under the Legislative Instruments Act 2003 and is published on the internet as required by the Civil Aviation Safety Regulations 1998. The exemption, which replaces a previous exemption (CASA EX62/10), is effective from 1 September 2012 and ceases on 31 August 2015. The exemption does not require consultation or a Regulation Impact Statement as it is considered to have a nil to low impact on business compliance costs. The exemption is subject to tabling and disallowance in Parliament under the Legislative Instrument Act 2003.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide mechanisms for granting exemptions from certain regulatory requirements, including the standard meteorological minima for take-off and landing, under specific conditions. Subregulation 11.160(1) allows the Civil Aviation Safety Authority (CASA) to grant exemptions from provisions of the regulations or Civil Aviation Orders (CAOs) in relation to matters specified in section 98(5A) of the Civil Aviation Act 1988. This exemption applies to a class of aircraft and persons employed by the operator, in this case, Virgin Australia Airlines (NZ) Limited. The exemption, CASA EX127/12, was issued to enable low visibility operations (LVO) within Australian territory, provided that the operations meet the standards and requirements specified in the exemption and are not considered prejudicial to safety. The obligations imposed by the exemption require Virgin Australia Airlines (NZ) Limited to comply with all conditions specified in CASA EX127/12. The operator must ensure that all low visibility take-offs and landings are conducted in accordance with the standards and requirements set forth in the exemption. Additionally, as a foreign aircraft operator, Virgin Australia Airlines (NZ) Limited must adhere to the approval to conduct LVO issued by the Civil Aviation Authority of New Zealand. The exemption also mandates that all operations under the exemption must be published on the Internet and will cease to have effect no later than three years from its commencement, unless specified otherwise within the exemption. Any breach of the conditions stipulated in CASA EX127/12 could lead to civil and criminal consequences. Under subregulations 257(3) and (4) of the Civil Aviation Regulations 1998 (CAR 1998), it is an offence for an aircraft to take off or land if any element of the determined meteorological minima is not met. The penalties for such offences can include fines and, in severe cases, imprisonment. Additionally, CASA has the authority to impose conditions on the exemption if necessary in the interests of the safety of air navigation, and failure to comply with these conditions could result in further regulatory action, including the revocation of the exemption. The exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, providing an additional layer of oversight to ensure compliance.