CASA EX184/12 - Exemption - from standard take-off minima - Virgin Australia International Airlines

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998), enacted to ensure the safety of air navigation and operations, include provisions for exemptions from certain standards, such as take-off minima, which are typically set to ensure safety under normal weather conditions. This regulatory framework empowers the Civil Aviation Safety Authority (CASA) to issue exemptions from specific regulations under certain conditions that still uphold the overarching safety standards. The Civil Aviation Safety Regulations 1998 were established under the authority of the Civil Aviation Act 1988, with the primary objective of ensuring the safe navigation and operation of aircraft within Australia. The policy objective of this specific exemption is to allow Virgin Australia International Airlines to operate in low visibility conditions, aligning with their operational needs while maintaining stringent safety benchmarks.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework within which the Civil Aviation Safety Authority (CASA) can grant exemptions from specific provisions of the Civil Aviation Regulations 1988 (CAR 1988) to ensure the safe operation of aircraft. Specifically, under subregulation 11.160 of the CASR 1998, CASA is empowered to exempt a person or a class of persons from certain regulations, provided that such exemption is necessary in the interests of the safety of air navigation. In this instance, the exemption pertains to Virgin Australia International Airlines Pty Ltd, allowing them to operate Boeing 737 NG aircraft under reduced meteorological minima for take-off. This exemption aligns with the overarching objective of maintaining safety standards while accommodating the operational needs of the airline. The exemption is subject to strict conditions, including adherence to specified visibility standards, crew qualifications, aircraft maintenance, operational restrictions, and necessary foreign approvals. The exemption is also required to be published on the internet and will cease no later than three years from its commencement. This regulatory approach ensures that while operational flexibility is granted, the paramount concern for safety remains uncompromised.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) and the Civil Aviation Orders (CAO) establish safety standards and operational requirements for aircraft in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General can delegate the Civil Aviation Safety Authority (CASA) to issue regulations. Specifically, subregulation 11.160(1) allows CASA to grant exemptions from certain provisions in the CASR 1998, the Civil Aviation Regulations 1988 (CAR 1988), or the CAO, provided it pertains to safe navigation, aircraft operation, airworthiness, or design standards. Subregulation 11.160(2) clarifies that such exemptions can be granted to specific individuals or classes of persons, defined by membership or other characteristics. Subregulation 11.205(1) further empowers CASA to impose conditions on these exemptions if necessary for air navigation safety. Subregulation 11.230(1) stipulates that an exemption, unless specified otherwise, expires three years after its commencement. Regulation 11.225 requires any granted exemption to be published on the Internet. The obligations imposed by the Act on the parties governed include ensuring that specified visibility standards are met for take-offs, which can only be performed at aerodromes equipped to support such operations. Flight crew must meet specified training, experience, recency, and competency benchmarks. Aircraft equipment must be maintained, and operational restrictions and limitations must be observed. Additionally, appropriate foreign approvals for the operations must be obtained, and a range of documents must be carried on board the aircraft for inspection. CASA may also determine meteorological minima, such as visibility requirements for take-off and landing, under subregulation 257(1) of the CAR 1988, and these must be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAMS). Under subregulation 257(3), it is an offence for an aircraft to take off if the meteorological conditions fall below the determined minima for the aircraft at the aerodrome. Any breach of the requirements set forth in the Civil Aviation Safety Regulations 1998 or the Civil Aviation Orders can lead to civil and criminal consequences. For instance, if an aircraft takes off when the visibility is below the determined meteorological minima, it constitutes an offence under subregulation 257(3) of the CAR 1988. Although specific penalties are not detailed in the provided text, such breaches typically result in significant penalties, both civil and criminal, depending on the severity and impact on safety. The legislative instrument itself, CASA EX184/12, has been made by a delegate of CASA under the power of delegation in subregulation 11.260(1) of CASR 1998 and comes into effect the day after registration, ceasing to have effect at the end of 30 November 2013.