CASA EX22/08 – Exemption – from take-off minima inside and outside Australian territory

Overview

The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, empower the Civil Aviation Safety Authority (CASA) to set and enforce meteorological minima for take-off and landing at aerodromes. To address specific operational needs and safety considerations, CASA can issue exemptions from these minima under subregulation 308 of the Civil Aviation Regulations. In this instance, Instrument CASA EX22/08 grants Jetstar Airways an exemption to allow Airbus A320 and Airbus A321 aeroplanes to operate from reduced visibility minima, both inside and outside Australian territory. This exemption reduces the minimum runway visibility requirement from 500 metres to 300 metres, subject to stringent conditions designed to maintain the highest safety standards. These conditions include adherence to specific air traffic control procedures, completion of approved low visibility take-off simulator training by pilots, and compliance with the higher safety standards between the exemption and the host country’s requirements when operating outside Australian territory. The exemption is subject to disallowance under the Legislative Instruments Act 2003 and is effective until 30 September 2009.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) govern the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to set and enforce meteorological minima for take-off and landing operations. In particular, subregulation 257 of the CAR 1988 allows CASA to determine the visibility requirements for aircraft operations at aerodromes, with these requirements published in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAM). Exemptions from these minima may be granted by CASA under subregulation 308 of the CAR 1988, provided that the interests of safety are considered and the exemption is made subject to conditions necessary for maintaining safety. The instrument CASA EX22/08 exempts Airbus A320 and Airbus A321 aeroplanes operated by Jetstar Airways Pty Limited from the minimum visibility requirements for take-off, allowing these aircraft to operate in conditions of lower visibility, provided that certain conditions are met to ensure the safety of air navigation. These conditions include adherence to specific air traffic control procedures, completion of approved low visibility take-off simulator training by pilots, and compliance with the higher safety requirements of the State of the aerodrome when operating outside Australian territory. The exemption is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, although consultation with relevant parties has not been undertaken in this instance. The instrument is effective from the day after its registration until 30 September 2009.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under section 98 of the Civil Aviation Act 1988 empower the Governor-General to make regulations for the Act and the safety of air navigation. Specifically, subregulation 257(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to determine the meteorological minima for landing or take-off at an aerodrome, which must then be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM) as per subregulation 257(2). Subregulation 257(3) imposes a requirement that an aircraft must not take off if an element of the determined meteorological minima for that operation is less than what has been specified for the aircraft at the aerodrome. The standard meteorological minima, as determined in CASA instrument 146/08, are set out in AIP En-Route 1.5, section 4, and require a minimum visibility of 500 metres for take-off at an aerodrome within Australian territory that has runway edge lighting (spaced no more than 60 metres apart) and either runway centreline lighting or centreline marking. Under subregulation 308(1) of CAR 1988, CASA has the authority to exempt aircraft or persons associated with the operation of the aircraft from compliance with specified provisions of CAR 1988. However, this exemption must be made subject to any conditions specified in the exemption, as stipulated in subregulation 308(2), which must be necessary in the interests of safety. Such exemptions are considered disallowable instruments under subparagraph 6(d)(i) of the Legislative Instruments Act 2003, and thus, they are subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. In this specific case, CASA EX22/08 exempts Airbus A320 and Airbus A321 aeroplanes operated by Jetstar Airways Pty Limited from the minimum visibility requirements, allowing a reduced minimum runway visibility of 300 metres. This exemption is subject to various conditions to ensure the safety of air navigation, including adherence to specific air traffic control procedures, completion of approved low visibility take-off simulator training by pilots, and compliance with the requirements of the operator’s operations manual. The exemption also stipulates that low visibility take-offs can only be conducted when related air traffic control procedures are in place and that the quality and extent of runway edge and centreline lighting or markings must meet prescribed minimum visibility conditions. Furthermore, pilots must demonstrate competency at regular intervals in the operator’s recurring training program. In operations outside Australian territory, the aircraft must conform to the more restrictive requirements of the State of the aerodrome, ensuring that the higher safety standard is always observed. If the requirements of the State of the aerodrome are less restrictive, the conditions outlined in the exemption must be adhered to. The exemption is effective from the day after it is registered and ceases to have effect at the end of 30 September 2009. The instrument CASA EX22/08 was made by a delegate of CASA under subregulation 7(1) of CAR 1988. It revokes a previous instrument issued to the operator and remakes it with the addition of an aircraft type. No consultation under section 17 of the LIA has been undertaken in this instance. Failure to comply with the conditions of the exemption or the requirements of CAR 1988 may result in civil or criminal consequences, with potential penalties for non-compliance as determined by the relevant authorities.