Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption – from standard take-off minima – Jetstar
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.
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 237/10. An exemption would be required to operate in visibility less than any of the standard minima contained in the instrument.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 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.
CASA issued instrument CASA EX70/10 exempting aeroplanes operated by Jetstar Airways Pty Limited (Jetstar Airways) from the standard meteorological minima for take‑offs. This exemption renews that instrument. It allows A320 and A321 aircraft to operate to the specified take-off minima.
As with the previous instruments, the operator must ensure that specified visibility standards are met for take-offs. They 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
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. 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 exemption applies to a class of aircraft, and class of persons, employed by the operator. The exemption is, therefore, a legislative instrument 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 not been undertaken in this case. The instrument is required by Jetstar Airways 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. It renews a current instrument issued for the same purpose.
Human rights implications
The instrument sets out an exemption from legislative requirements as described above. The instrument does not engage any of the applicable rights or freedoms.
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 a similar instrument indicates that it will have only a nil to low impact on business.
Duration
The instrument commences on 1 September 2012. It stops having effect at the end of 31 August 2015.
The exemption has been made by a delegate of CASA under subregulation 11.260 (1)
of CASR 1998.
[Instrument number CASA EX140/12]
Overview
The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure the safety of air navigation and were amended by the Civil Aviation Safety Regulations 1998 (Explanatory Statement) in 2012. This amendment was introduced to address the need for an exemption from standard take-off minima for Jetstar Airways, a significant player in the Australian aviation sector. The Australian Civil Aviation Safety Authority (CASA) was authorised to grant this exemption under section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations for the Act and the safety of air navigation. The primary policy objective of this exemption was to allow Jetstar Airways to conduct low visibility take-offs within and outside Australian territory, provided that specified visibility standards, training benchmarks, operational restrictions, and aircraft equipment maintenance were met. The exemption was subject to the Legislative Instruments Act 2003 and was required to ensure that safety was not compromised. The exemption was set to last for three years, commencing on 1 September 2012 and expiring on 31 August 2015.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the instrument CASA EX140/12, provide an exemption from the standard meteorological minima for take-off for certain aircraft operated by Jetstar Airways Pty Limited, specifically A320 and A321 aircraft. This exemption applies to a class of aircraft and persons employed by Jetstar Airways, thereby allowing these aircraft to operate under specified visibility standards at aerodromes equipped to support such operations. The exemption is subject to stringent conditions aimed at ensuring safety, including compliance with visibility standards, adherence to specified benchmarks for flight crew training and experience, maintenance of aircraft equipment, and observation of operational restrictions and limitations. Additionally, appropriate foreign approvals for the operations must be obtained, and a range of documents must be carried on board the aircraft for inspection. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. While consultation under the Legislative Instruments Act has not been undertaken, the exemption is considered necessary by Jetstar Airways to enable low visibility take-offs within and outside Australian territory, without compromising safety standards. The exemption does not engage any applicable human rights or freedoms, and it is anticipated to have a nil to low impact on business compliance costs. This exemption instrument commences on 1 September 2012 and ceases to have effect on 31 August 2015.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of air navigation in Australia, and the Civil Aviation Safety Regulations 1998 (Exemption – from standard take-off minima – Jetstar) (CASA EX140/12) is a specific legislative instrument under these regulations. Section 11.160(1) of CASR 1998 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with the regulations, including the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Orders, for specified matters. This exemption is for Jetstar Airways, allowing A320 and A321 aircraft to operate to specified take-off minima at aerodromes properly equipped to support low visibility take-offs, both within and outside Australian territory.
This exemption imposes several obligations on Jetstar Airways. Firstly, the operator must ensure that specified visibility standards are met for take-offs. This means that the aircraft can only take off when the visibility conditions meet the standards set out in the exemption. Secondly, the exemption specifies that these take-offs may be performed only at aerodromes properly equipped to support them. This includes ensuring that the necessary equipment and infrastructure are in place at the aerodrome. Thirdly, the flight crew must meet specified benchmarks in terms of training, experience, recency, and competency. This ensures that the pilots are qualified to operate the aircraft under the conditions specified in the exemption. Fourthly, aircraft equipment must be maintained to ensure it is airworthy. This involves regular maintenance checks and compliance with relevant maintenance standards. Operational restrictions and limitations must also be observed, ensuring that the aircraft is operated within safe parameters. Lastly, appropriate foreign approvals for the operations must be obtained if the flights are to be conducted outside Australian territory, ensuring compliance with international aviation regulations.
Failure to comply with the provisions of this 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 an element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome. This means that if the aircraft takes off in conditions that do not meet the specified visibility standards, it could be considered a breach of the regulations. The penalties for such offences can vary but may include fines or other sanctions imposed by CASA. Additionally, non-compliance with the conditions of the exemption could lead to the exemption being revoked, resulting in the aircraft being required to comply with the standard take-off minima. This could have significant operational impacts for Jetstar Airways.
The exemption is subject to the Legislative Instruments Act 2003 (LIA), which requires the instrument to be tabled and allows for disallowance in the Parliament. However, consultation under section 17 of the LIA has not been undertaken in this case, as the exemption is considered necessary for the operator's business and does not engage any of the applicable rights or freedoms. The Office of Best Practice Regulation (OBPR) does not require a Regulation Impact Statement because a preliminary assessment indicates that the exemption will have only a nil to low impact on business. The exemption is effective from 1 September 2012 until 31 August 2015, and it has been made by a delegate of CASA under subregulation 11.260(1) of CASR 1998.