CASA EX20/06 - Exemption - take-off with residual traces of frost and ice

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to regulate the safety of air navigation in Australia, providing comprehensive rules and standards for all aspects of civil aviation operations. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations under the Act, and the CAR 1988 was created to implement these regulations, ensuring the safety of air navigation. This legislation addresses the need for stringent safety measures in aviation, particularly by mandating that aircraft must be completely free from frost and ice before take-off. The problem it aims to address is the risk posed by residual snow, frost, and ice on aircraft surfaces, which could compromise flight safety. The Civil Aviation Safety Authority (CASA) has the authority to exempt certain aircraft from this requirement under subregulation 308(1) of CAR 1988, provided safety considerations are met. The policy objective of the exemption is to allow larger aircraft engaged in regular public transport operations to take off with minimal residual traces of snow, frost, and ice, provided specific safety conditions are adhered to.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 applies to the safety of air navigation, with the Act empowering the Governor-General to make regulations for this purpose. This particular exemption pertains to the take-off conditions for aircraft engaged in regular public transport operations. Specifically, it allows for aircraft with a maximum take-off weight exceeding 5,700 kg to take off with residual traces of snow, frost, and ice, provided certain safety conditions are met. The exemption applies to pilots in command of these larger aircraft, and it is subject to the conditions outlined in the instrument issued by the Civil Aviation Safety Authority (CASA). The instrument stipulates that appropriate de-icing and anti-icing procedures must be followed, and the pilot must ensure that residual snow, frost, or ice will not adversely affect aircraft performance or equipment. This exemption is subject to the provisions of the Legislative Instruments Act 2003 and comes into effect on 1 July 2006, replacing a previous exemption that expires at the end of June 2006.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) in this context are sections 244(1)(c), 308(1), 308(2), and 308(3). Section 244(1)(c) typically requires that all external surfaces of an aircraft must be completely free from frost and ice before takeoff. However, this requirement is subject to exemption under section 308(1), which allows the Civil Aviation Safety Authority (CASA) to exempt aircraft from compliance with specified provisions of CAR 1988. CASA must consider relevant safety considerations before granting such an exemption, as mandated by section 308(2). Furthermore, any exemption made under section 308(1) can be subject to conditions specified by CASA under section 308(3). The exemption in this instance allows certain larger aircraft engaged in regular public transport (RPT) operations to take off with residual traces of snow, frost, and ice, subject to specific safety conditions. The Act imposes several obligations and requirements on the parties it governs. Firstly, it requires pilots in command of aircraft, particularly those engaged in RPT operations, to ensure that appropriate de-icing and anti-icing procedures have been followed. These procedures must comply with the aircraft flight manual or the manufacturer’s instructions and data to remove all but residual snow, frost, and ice from the aircraft. Additionally, pilots must be satisfied, immediately before taking off, that any residual snow, frost, or ice will not affect the performance of the aircraft or any of its equipment or instruments. These requirements are crucial to ensure that the exemption does not compromise safety. Under the Civil Aviation Regulations 1988, breaches of the conditions set forth in the exemption could lead to serious consequences. Although the specific penalties are not detailed in the provided text, generally, violations of aviation regulations can result in both civil and criminal penalties. Civil penalties may include fines and the potential revocation of an aircraft operator’s certificate. Criminal penalties can include imprisonment, fines, or both, depending on the severity of the breach and its impact on safety. The exact penalties would be determined by the courts and would depend on the specific circumstances of the case. It is also important to note that any exemptions and the conditions attached to them are subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). The instrument itself is a disallowable instrument under subregulation 308(4) of CAR 1988, and it is subject to the legislative process outlined in the LIA.