Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — from standard take-off and landing minima – AirBridgeCargo Airlines Ltd
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.
Legislation
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 subregulations 257 (3) and (4), it is an offence for an aircraft to take-off or land 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. The minima are also set out in AIP En Route 1.5, sections 4.3 and 4.4. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 550 metres. If conditions are met, the minimum visibility for landing inside or outside Australian territory is 800 metres, or 550 metres runway visual range. An exemption would be required to operate with lower minimum visibility (low visibility operations or LVO).
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 (the CAOs), 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.
The exemption has been issued for AirBridgeCargo Airlines Ltd of Moscow, Russian Federation (the operator), an airline based in Russia, for the conduct of LVO in Australia. The exemption states the minima for the various aeroplanes, as well as the conditions for their use. It replaces an earlier exemption (CASA EX54/11) and adds a new aircraft type, the B747-8, to those already used by the operator. There have been no changes to the terms and conditions.
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 CAOs. 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 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 replaces a previous 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.
Commencement and making
The instrument commences on the day of registration. It stops having effect at the end of April 2013.
The exemption has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX168/12]
Overview
The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation and are administered by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988. This particular regulation, F2012L02265, introduces an exemption from standard take-off and landing minima for AirBridgeCargo Airlines Ltd, a Russian airline, allowing them to conduct low visibility operations in Australia. The exemption is intended to address the specific operational needs of the airline while maintaining safety standards, and is a legislative instrument that must be tabled and may be disallowed by Parliament under the Legislative Instruments Act 2003. The exemption is effective from the date of registration and will cease to have effect at the end of April 2013, and it replaces a previous exemption issued under CASA EX54/11, incorporating a new aircraft type, the B747-8, without altering the terms and conditions.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by instrument CASA EX168/12, provide an exemption from standard meteorological minima for low visibility operations (LVO) for AirBridgeCargo Airlines Ltd, a Russian-based airline, in relation to specific aircraft types operating within Australia. This exemption applies to the operator's use of certain aeroplanes for take-off and landing under conditions of lower visibility than those generally required by the Civil Aviation Safety Regulations 1998 and the Civil Aviation Regulations 1988. The exemption allows the operator to conduct LVO in Australia with visibility minima specified for each aircraft type, which is lower than the standard minima set by the Civil Aviation Safety Administration (CASA). The exemption is granted under section 98 of the Civil Aviation Act 1988, empowering CASA to make regulations for safety in air navigation, and under subregulation 11.160 of the Civil Aviation Safety Regulations 1998, which allows CASA to grant exemptions from regulatory provisions. This exemption is subject to the conditions imposed by CASA in the interests of safety and is published on the internet as required by regulation 11.225 of the Civil Aviation Safety Regulations 1998. The exemption is a legislative instrument subject to the requirements of the Legislative Instruments Act 2003, though consultation under section 17 of that Act was not undertaken in this instance as the instrument replaces an earlier one for the same purpose. The exemption applies to the named operator and specific aircraft types, and it does not affect any applicable human rights.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) provide for a range of regulatory provisions designed to ensure the safety of air navigation in Australia. Specifically, subregulation 11.160(1) of CASR 1998 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain regulatory provisions. This includes exemptions from standard take-off and landing minima for certain aircraft, such as those operated by AirBridgeCargo Airlines Ltd (section 11.160(1)). The exemption in question allows AirBridgeCargo Airlines Ltd to conduct low visibility operations (LVO) in Australia with lower visibility minima than those generally applicable under subregulation 257(3) and (4) of the Civil Aviation Regulations 1988 (CAR 1988).
The obligations imposed by this exemption require AirBridgeCargo Airlines Ltd to comply with specific conditions set out in the exemption instrument. These conditions dictate the permissible visibility minima for take-off and landing operations for various aircraft types, including the new B747-8 model. Furthermore, the exemption necessitates that any operations conducted under its terms adhere strictly to these specified conditions to maintain safety standards. Additionally, the exemption stipulates that CASA may impose further conditions if necessary to ensure the safety of air navigation (subregulation 11.205(1) of CASR 1998). The exemption must also be published on the internet as per regulation 11.225 of CASR 1998 and will cease to have effect no later than three years from its commencement, unless otherwise specified (subregulation 11.230(1) of CASR 1998).
Failure to comply with the conditions set out in the exemption could result in significant consequences. Under subregulations 257(3) and (257(4) of CAR 1988, it is an offence for an aircraft to take off or land if the meteorological conditions fall below the determined minima. The penalties for such offences can include substantial fines and, in severe cases, criminal charges. The specific penalties are not detailed in the exemption instrument but are governed by the broader civil aviation legislation, which may include fines and imprisonment for breaches of safety regulations. It is crucial for AirBridgeCargo Airlines Ltd to adhere to the stipulated conditions to avoid these potential legal repercussions.
In summary, the exemption granted under subregulation 11.160(1) of CASR 1998 allows AirBridgeCargo Airlines Ltd to conduct low visibility operations in Australia with specified visibility minima, provided they comply with the conditions outlined in the exemption. The obligations and requirements imposed on the airline include strict adherence to these conditions and the publication of the exemption on the internet. Breaches of these conditions may result in significant civil or criminal penalties, underscoring the importance of compliance with the regulatory framework.