Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – Qantas
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 subregulation 257 (3), 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.
The determination of standard meteorological minima for take-off and landing was made in instrument CASA 146/08. 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 500 metres (proposed to become 550 metres). If conditions are met, the minimum visibility for landing inside or outside Australian territory is 800 metres, or 550 metres RVR. An exemption would be required to operate in lesser minimum visibility.
Under subregulation 308 (1) of CAR 1988, CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Under subregulation 308 (2), before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Under subregulation 308 (3), CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety. Under subregulation 308 (3A), it is an offence to contravene a condition of an exemption that is otherwise being relied upon for an operation.
CASA has issued various instruments exempting various aeroplanes operated by Qantas Airways Limited (Qantas) from the standard meteorological minima for take‑off and landing. Following the approval of Melbourne airport for Category II and Category III operations, which enables operations to be conducted to lower minima than was previously permitted under those exemptions, a review of the rules governing low visibility operations was conducted. The exemption revokes the previous instruments and states the lower minima for the various aeroplanes, as well as the conditions for their use. For instance, the use of the lower minima will require a higher standard of runway lighting (see clause 13 in Schedule 2).
In essence, the operator must ensure that specified visibility standards are met for take-offs and landings that may be performed only at aerodromes properly equipped to support the low visibility operations conducted under the exemption. Flight crew training, experience, recency and competency must meet specified benchmarks. Aircraft equipment must be maintained. Operational restrictions and limitations must be observed. Appropriate foreign approvals for the operations must be obtained. A range of documents for inspection must be carried on board the aircraft.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under subregulation 308 (4) of CAR 1988, an exemption is a disallowable instrument. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is required by Qantas to enable low visibility take-offs and CAT II and CAT III landings inside and outside Australian territory consistent with the standards and requirements specified in the instrument which are not considered prejudicial to the interests of safety.
Office of Best Practice Regulation
The exemption would be of beneficial effect to the operator. The Office of Best Practice Regulation does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that it will have only a nil to low impact on business.
Making and commencement
The exemption has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument comes into effect on the day of registration.. It stops having effect at the end of 31 March 2012.
[Instrument number CASA EX19/10]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of air navigation and provide regulations for the Civil Aviation Act 1988. The problem or gap this legislation was introduced to address includes setting and enforcing meteorological minima for take-off and landing operations at aerodromes. These minima are crucial for ensuring safe operations under varying weather conditions. The Australian Government, through the Civil Aviation Safety Authority (CASA), has the authority to determine and set these minima, as well as to issue exemptions under section 98 of the Act. The policy objective is to maintain high safety standards while accommodating specific operational needs of airlines such as Qantas.
This particular exemption under subregulation 308(1) of CAR 1988 allows Qantas to operate under lower visibility minima than the standard set by CASA, provided certain safety conditions are met. These include higher standards for runway lighting, specific training and experience requirements for flight crew, and maintenance of aircraft equipment. The exemption also stipulates operational restrictions, limitations, and the need for appropriate foreign approvals. The instrument was made by the Acting Director of Aviation Safety on behalf of CASA, and it came into effect on the day of registration, ceasing to have effect at the end of March 2012. The legislative instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) govern various aspects of aviation safety in Australia, with specific provisions allowing the Civil Aviation Safety Authority (CASA) to determine meteorological minima for take-off and landing at aerodromes. These minima are intended to ensure safe operations under different weather conditions, with standard minima set at 500 metres for take-off and 800 metres or 550 metres RVR for landing, though these can vary based on conditions. CASA has the authority to exempt certain aircraft or operations from these standard minima if it deems such exemptions to be safe, as per subregulation 308 of CAR 1988. This exemption process is subject to rigorous safety considerations and can include specific conditions to ensure the safety of operations. CASA has exercised this authority to exempt various Qantas aircraft from the standard take-off and landing minima, reflecting the enhanced capabilities of these aircraft and the improved conditions at Melbourne Airport for low visibility operations. These exemptions are specific to Qantas and the particular aircraft models, requiring adherence to stringent operational standards, including specific flight crew qualifications, aircraft maintenance, and equipment requirements. The exemption is legally binding and subject to disallowance under the Legislative Instruments Act 2003. Although consultation under the Legislative Instruments Act was not undertaken, the exemption is deemed necessary to align with Qantas' operational needs without compromising safety. The exemption is effective from the date of registration and will cease on 31 March 2012.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) establish the standard meteorological minima for take-off and landing at aerodromes, as outlined in subregulation 257(1). According to these standards, the minimum visibility for take-off is 500 metres (with a proposal to increase to 550 metres), and for landing, it is 800 metres, or 550 metres RVR (Runway Visual Range), as per subregulation 257(2). These minima are published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMS). It is an offence under subregulation 257(3) for an aircraft to take off if the meteorological conditions fall below the determined minima for that aircraft at the aerodrome.
The Civil Aviation Safety Authority (CASA) has the authority to exempt aircraft, or persons associated with the operation of the aircraft, from complying with specified provisions of CAR 1988, as stated in subregulation 308(1). This exemption must be made considering any relevant safety considerations, and it may be subject to conditions deemed necessary for safety under subregulation 308(2) and 308(3). Contravening a condition of an exemption that is being relied upon for an operation is an offence under subregulation 308(3A). CASA has issued several exemptions for Qantas Airways Limited, allowing them to operate under lower meteorological minima than the standard requirements. These exemptions require the aircraft to meet certain conditions, such as higher standards of runway lighting, specific flight crew qualifications, and operational restrictions.
Breaches of the provisions in CAR 1988 regarding meteorological minima for take-off and landing can result in civil and criminal penalties. Specifically, operating an aircraft when the visibility is below the determined minima is an offence under subregulation 257(3). Additionally, contravening a condition of an exemption under subregulation 308(3A) can also result in penalties. The exact penalties are not specified in the text, but they are typically severe given the potential safety risks involved in non-compliance.
The exemption instrument, being a disallowable instrument under subregulation 308(4) of CAR 1988, is subject to the Legislative Instruments Act 2003 (LIA). It must be tabled and can be disallowed by Parliament under sections 38 and 42 of the LIA. However, consultation under section 17 of the LIA was not undertaken in this case. The instrument was made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Civil Aviation Act 1988. The exemption comes into effect on the day of registration and ceases to have effect at the end of 31 March 2012.