Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Jetstar Boeing 787-8 aircraft participation in land and hold short operations
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.
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 172.065 (1) of CASR 1998, an ATS provider (a person approved to provide air traffic services) must ensure that any service is provided in accordance with the specified standards, including the standards set out in the Manual of Standards Part 172 — Air Traffic Services (the MOS).
The MOS contains requirements relating to the conduct of land and hold short operations (LAHSO). These operations involve aircraft landing on 1 runway while another aircraft takes off or lands on another runway at the same time. Under subsection 10.13.5.4 of the MOS, Australian civil aircraft of performance category A, B or C are permitted to participate in passive LAHSO at pilot discretion.
The instrument is granted to allow an ATS provider to permit the named operator to engage in passive LAHSO with B787-8 aircraft, which are in performance category D, the most demanding performance category. By doing so, it allows the aircraft to use a runway if another aircraft is conducting an active LAHSO on an intersecting runway but does not allow the aircraft itself to conduct an active LAHSO. An active LAHSO is a LAHSO in which an aircraft lands and stops short of an intersecting runway without utilising the full length of the runway. Participation in passive LAHSO by the aircraft will not require the B787-8 aircraft to meet any additional performance requirements.
Legislative Instruments Act
Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act. 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 a class of aircraft and so is a legislative instrument.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA had not been undertaken before the issue of this instrument. The instrument is the second exemption granted to allow an ATS provider to permit the named operator to participate in LAHSO (see instrument CASA EX104/11 in respect of A-321 aircraft). It is similar to exemptions granted in respect of other operators and has proved beneficial for the provision of air traffic services. In addition, the exemption permits passive LAHSO only which does not impose additional operational requirements on the relevant aircraft.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day of registration. It expires at the end of 30 November 2016, as if it had been repealed by another instrument.
[Instrument number CASA EX131/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — Jetstar Boeing 787-8 aircraft participation
in land and hold short operations
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument is granted to allow an ATS provider to permit the named operator’s Boeing 787-8 aircraft to engage in passive LAHSO operations.
In other words, it allows the aircraft to use a runway if another aircraft is conducting an active LAHSO on an intersecting runway but does not allow the aircraft itself to conduct an operation in which it lands and holds short of an intersecting runway.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority