CASA EX16/06 - Exemption - from take-off minima inside and outside Australian territory

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulations for the safety of air navigation within Australia, and in compliance with international standards where relevant. One such regulation was the setting of meteorological minima for aircraft take-offs and landings, detailed in CASA 477/03, with a minimum visibility requirement of 500 metres for take-offs at aerodromes with specified lighting within Australian territory. The problem or gap addressed by the exemption was to allow Jetstar Pty Ltd, operator of A320 aeroplanes, to conduct low visibility take-offs in conditions below the standard minimum of 500 metres, both inside and outside Australian territory. This exemption was introduced to support operational efficiency while maintaining safety standards, and was enacted by the Civil Aviation Safety Authority (CASA) as a delegate of the Australian Government, in accordance with the Civil Aviation Act 1988 and the Legislative Instruments Act 2003. The policy objective is to ensure that the exemption does not compromise the safety of air navigation, as stipulated under subregulation 308(2) of the CAR 1988.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide the framework for the regulation of civil aviation in Australia, and the instrument F2006L01041 pertains specifically to the exemption of A320 aeroplanes operated by Jetstar Pty Ltd from certain meteorological minima for take-off operations, both inside and outside Australian territory. The instrument authorises a reduction in the minimum visibility requirement for take-off from 500 metres to 300 metres, contingent upon several safety conditions. These conditions include the implementation of specific air traffic control procedures, adherence to the operator’s operations manual, and the completion of approved low visibility take-off simulator training by each pilot, with regular competency assessments. Additionally, the exemption stipulates that the aircraft must conform to the more stringent requirements of the State of the aerodrome if they are more restrictive than those outlined in the instrument. The instrument, which is subject to disallowance under the Legislative Instruments Act 2003, is effective from the day after its registration and ceases to have effect on 31 July 2008.

Key Provisions

The key provisions of the instrument are established under subregulation 257(1) of the Civil Aviation Regulations 1988 (CAR 1988), which empowers the Civil Aviation Safety Authority (CASA) to determine the meteorological minima for landing or take-off at an aerodrome, subject to the publication of these requirements in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAMS). The standard visibility minima set by CASA 477/03 specify that for take-off at aerodromes within Australian territory equipped with certain lighting, a minimum visibility of 500 metres is required. Any operation below this visibility would necessitate an exemption. Subregulation 308(1) of CAR 1988 allows CASA to exempt aircraft or related parties from certain provisions of CAR 1988, provided safety considerations are prioritised, and any exemption may include specific conditions as per subregulation 308(3). This instrument specifically exempts A320 aeroplanes operated by Jetstar Pty Ltd from the standard visibility requirements, allowing for take-off at a minimum visibility of 300 metres, subject to several conditions aimed at ensuring safety. Under this exemption, Jetstar Pty Ltd is mandated to adhere to stringent safety conditions. These include ensuring that low visibility take-offs are only conducted when relevant air traffic control procedures are in place and the operator’s operations manual is strictly followed. The visibility conditions must meet specific standards based on the quality and extent of runway edge and centreline lighting or markings. Pilots must complete approved low visibility take-off simulator training and demonstrate their competency regularly within the operator’s training program. The exemption also stipulates that the aircraft must not take off from runways requiring specific turning manoeuvres if visibility is below 500 metres. Furthermore, when operating outside Australian territory, Jetstar Pty Ltd must comply with the higher safety requirements of the respective State’s regulations if they are more restrictive than those outlined in the exemption instrument. The instrument also imposes specific obligations on Jetstar Pty Ltd, including ensuring that the aircraft conform to the safety standards set forth in the exemption. Failure to adhere to these conditions may result in significant consequences. Under subregulation 257(3) of CAR 1988, it is an offence for an aircraft to take off if the meteorological conditions fall below the determined minima for that operation. This offence carries penalties that could include substantial fines or imprisonment, although the exact penalties are not specified in the instrument. Additionally, the exemption is subject to disallowance under the Legislative Instruments Act 2003, meaning it can be reviewed and potentially disallowed by Parliament, which adds a layer of accountability and oversight to the exemption process. In summary, the exemption provided to Jetstar Pty Ltd for its A320 aeroplanes allows for take-off at reduced visibility under strict conditions designed to ensure safety. The obligations imposed on Jetstar Pty Ltd are comprehensive, encompassing adherence to air traffic control procedures, completion of pilot training, and compliance with both Australian and foreign safety standards. Breach of these conditions could result in both civil and criminal penalties, with the potential for disallowance by Parliament adding an additional layer of regulatory oversight.