CASA EX150/12 - Exemption — from standard take-off and landing minima – British Airways

Overview

The Civil Aviation Safety Regulations 1998, as amended by F2012L01999, introduce an exemption for British Airways to operate under lower visibility minima for take-off and landing at designated aerodromes within Australia. Enacted to address the need for specific operational flexibility for certain foreign aircraft operators, this legislation allows British Airways to conduct low visibility operations (LVO) under conditions that ensure safety standards are met. The exemption is granted under the authority of Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for aviation safety. The exemption was developed in response to British Airways' requirement to operate in conditions that align with their international standards, ensuring that safety is not compromised. This exemption is subject to conditions that mandate higher standards of runway lighting and other operational requirements, reflecting a commitment to maintaining the highest safety standards in air navigation.

Scope and Application

The Civil Aviation Safety Regulations 1998, as modified by instrument CASA EX150/12, provide an exemption from the standard take-off and landing minima for British Airways Public Ltd Company, a foreign aircraft operator. This exemption applies to British Airways' operations within Australia, allowing them to conduct low visibility operations (LVO) that do not meet the standard meteorological minima set by the Civil Aviation Safety Authority (CASA). The exemption specifically outlines the conditions under which these lower minima can be used, including the requirement for higher standards of runway lighting, such as high intensity runway lights for take-offs with less than 350 meters of runway visual range. This regulatory exemption is subject to the approval of the United Kingdom Civil Aviation Authority and must be adhered to at aerodromes equipped to support LVO. The exemption, which is a legislative instrument under the Legislative Instruments Act 2003, was made to facilitate British Airways' operations in Australia without compromising safety standards. It is effective from 1 November 2012 until 31 October 2015 and does not engage any applicable human rights as it does not raise any human rights issues.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include specific provisions that address the exemption from standard take-off and landing minima for certain aircraft. According to subregulation 11.160(1), the Civil Aviation Safety Authority (CASA) may grant an exemption from a provision of the regulations or Civil Aviation Orders (CAO), which includes the Civil Aviation Regulations 1988 (CAR 1988). This exemption can be granted to a person or a class of persons, including foreign operators such as British Airways, and can be subject to specific conditions as outlined in subregulation 11.205(1). The exemption, being a legislative instrument, must be published on the internet under regulation 11.225 and typically ceases three years after its commencement unless otherwise specified. Under the Civil Aviation Act 1988 (the Act), CASA is empowered to determine meteorological minima for landing and take-off, which must be published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMS) as per subregulation 257(1) and (2) of CAR 1988. These minima, detailed in CASA 70/11, set forth a minimum visibility requirement of 550 metres for take-off and 800 metres for landing. However, the exemption under discussion allows British Airways to operate under lower visibility conditions, provided certain conditions are met. For instance, clause 8 in Schedule 2 stipulates that high-intensity runway lights are required for take-offs with less than 350 metres of runway visual range. The exemption ensures that specified visibility standards are adhered to, and operations can only be conducted at aerodromes equipped to support low visibility operations (LVO). The obligations imposed by this exemption on British Airways and other entities include ensuring compliance with the conditions outlined in the exemption, such as the requirement for enhanced runway lighting. Additionally, British Airways must conduct its operations in accordance with the approval to conduct LVO issued by the United Kingdom Civil Aviation Authority. The exemption also requires adherence to the safety standards and conditions specified, ensuring that the operations do not compromise the safety of air navigation. Any breach of the provisions of the exemption or the conditions imposed by CASA could 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. Penalties for such breaches are not specified in the provided text, but they would typically be determined by the severity of the violation and the potential risk posed to aviation safety. Additionally, CASA may impose further penalties or conditions as necessary to maintain the safety of air navigation.