Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – Qantas
Legislation
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.
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 257 (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 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 had issued an instrument (CASA EX68/10) exempting various aeroplanes operated by Qantas Airways Limited (Qantas) from the standard meteorological minima for take-off and landing. This instrument revokes and replaces that exemption. There have been 2 changes made to the terms of the previous exemption to clarify the pilot experience required to operate to the minima in Schedule 1.
The first change relates to Schedule 2, paragraph 3 (b). That paragraph in CASA EX68/10 required that a pilot conducting any low visibility operations (LVOs) was required to have successfully performed 2 autolands in the aircraft in at least CAT I conditions, including 1 such autoland performed during line training. Schedule 2, paragraph 3 (b) has been changed to clarify that this requirement only applies to a pilot who is conducting a low visibility landing, and does not apply to a pilot who is conducting a low visibility take-off.
The second change is to clarify the pilot experience required for a captain. Schedule 2, paragraph 4 (a) of CASA EX68/10 required that all captains have at least 100 hours experience as a pilot in command or in command under supervision or dual in the left‑hand seat on the aircraft type with the operator. This requirement has been reduced to 50 hours for captains who are CAT III qualified on A330 or A380 aircraft and making an Airbus transition.
Among other conditions, the operator must ensure that specified visibility standards are met for take-offs and landings, which may be performed only at aerodromes properly equipped to support the LVOs 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. The instrument replaces instrument CASA 68/10 issued for the same purpose.
Office of Best Practice Regulation (OBPR)
The exemption would be of beneficial effect to the operator. The OBPR 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 Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on the day after it is registered. It stops having effect at the end of 31 August 2012.
[Instrument number CASA EX20/11]