Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — participation in land and hold short operations (Air New Zealand)
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the safety of air navigation.
Under subregulation 172.065 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), an air traffic services provider (ATS provider) must ensure that any service is provided in accordance with the specified standards, including the standards set out in the Manual of Standards (MOS) – Part 172 (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 subsections 10.13.5.3, 10.13.5.4 and 10.13.5.7 of the MOS, foreign registered civil aircraft are not permitted to participate in LAHSO.
Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the CAOs. 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 subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Instrument
Air New Zealand Limited (the operator) currently holds exemptions from subsections 10.13.5.3, 10.13.5.4 and 10.13.5.7 of the MOS, which allows its Airbus A320 series aircraft to engage in either active or passive participation in LAHSO in Australia (CASA EX120/11 refers). The operator has Australia and New Zealand aviation privileges and has been approved to engage in LAHSO by the New Zealand Civil Aviation Authority. CASA EX120/11 expires at the end of November 2014 and the operator has requested that CASA reissue the exemption for a further period of 3 years.
CASA has assessed the operator’s proposal and considers that the exemption preserves an acceptable level of aviation safety. Accordingly, CASA EX151/14 is a reissue of the exemption. The exemption applies to the operator’s A320 series aircraft and also exempts the ATS provider from compliance with paragraph 172.065 (1) (a) of CASR 1998 for the purposes of the operator’s LAHSO. CASA EX151/14 also repeals CASA EX120/11 after it expires at the end of November 2014.
The exemption is subject to 2 conditions. Before conducting LAHSO at an Australian airport, the pilot in command of the operator’s aircraft must confirm that both operating pilots (the pilot in command and the co-pilot) have completed the LAHSO computer‑based training package within the currency period specified in the operator’s exposition. Additionally, the operator must seek to secure LAHSO endorsement on their New Zealand air operator’s certificate by the end of November 2017.
Legislative Instruments Act
An exemption issued under regulation 11.160 of CASR 1998 is 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 persons, being ATS providers, and a class of A320 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
The operator has applied for this exemption. CASA has assessed the operator’s proposal and is satisfied that the operator will maintain an acceptable level of safety while conducting LAHSO in A320 series aircraft. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
Making and commencement
The exemption has been made by a delegate of CASA relying on the power of delegation in subregulation 11.260 (1) of CASR 1998.
The exemption commences on 1 December 2014 and expires at the end of November 2017, as if it had been repealed by another instrument.
[Instrument number CASA EX151/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — participation in land and hold short operations (Air New Zealand)
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
This legislative instrument exempts Air New Zealand’s (the operator) A320 series aircraft from provisions in the Manual of Standards (MOS) – Part 172 that prevent the operator from conducting land and hold short operations (LAHSO) in Australia. The exemption also applies to an air traffic service provider with respect to the operator’s LAHSO.
The exemption is subject to conditions that CASA considers necessary in the interests of aviation safety.
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