CASA EX23/08 - Exemption - participation in land and hold short operations

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide comprehensive regulations for ensuring the safety of air navigation in Australia. The regulations are grounded in the overarching Civil Aviation Act 1988, which empowers the Governor-General to establish rules for aviation safety. The problem the regulations were designed to address is the need for stringent and consistent safety standards to govern air traffic services and other aviation activities, thereby ensuring the safety of passengers, crew, and the general public. The Australian Parliament enacted these regulations to establish a robust framework that governs the safety of air navigation, including the conditions under which exemptions from specific provisions can be granted by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 thus serve as a critical legislative tool for maintaining high safety standards in the aviation sector.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, provide the framework for ensuring safety in Australia's civil aviation sector, and include provisions for granting exemptions from compliance with specific regulations where warranted by safety considerations. Specifically, the exemption in question pertains to the participation of certain aircraft in land and hold short operations (LAHSO), which involve simultaneous operations on intersecting runways. This exemption allows foreign registered commercial aircraft of certain performance categories, specifically Airbus A321 aircraft, to participate in LAHSO within the Jetstar network, provided they can comply with the published landing distances under normal operating conditions. The exemption is applicable to the relevant aircraft operators within the Jetstar network and is subject to any conditions CASA may impose to ensure the safety of air navigation. The exemption is a disallowable instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The exemption applies from the day after registration and ceases to have effect at the end of September 2009.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions allowing the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulations to ensure safety in air navigation. Specifically, subsection 98(1) of the Civil Aviation Act 1988 empowers CASA to issue regulations, and subregulation 11.160(1) of the CASR 1998 allows CASA to grant exemptions from compliance with specific provisions of the regulations. This means CASA can decide whether a person or a class of persons should be exempt from certain regulatory requirements, provided it is in the interest of air navigation safety. For example, under subregulation 11.205(1), CASA can impose any necessary conditions on an exemption to maintain safety standards. The obligations imposed by these provisions on the parties or entities they govern include strict adherence to the safety standards outlined in the Manual of Standards Part 172 (MOS). Specifically, under subregulation 172.065(1), Air Traffic Services (ATS) providers must ensure that their services comply with the specified standards, including those related to land and hold short operations (LAHSO). LAHSO involves aircraft landing on one runway while another aircraft takes off or lands on another runway simultaneously. The MOS specifies that foreign registered commercial aircraft of performance categories A, B, or C are generally not permitted to participate in LAHSO, as outlined in subsections 10.13.5.3, 10.13.5.4, and 10.13.5.7 of the MOS. However, CASA has determined that Airbus A321 aircraft, which are part of Jetstar's network, are capable of complying with the published LAHSO landing distances and has thus granted them an exemption to participate in these operations. In terms of offences, penalties, or consequences for breach, the Act and the CASR 1998 do not explicitly detail the penalties for non-compliance with the LAHSO provisions or exemptions. However, any breach of the regulations or conditions of an exemption could potentially result in enforcement actions by CASA, including fines or other sanctions, depending on the severity and nature of the breach. Additionally, under the Legislative Instruments Act 2003 (LIA), the exemption granted by CASA is considered a disallowable instrument, meaning it is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. This process ensures that the exemption is subject to parliamentary scrutiny and control. The instrument itself becomes effective the day after it is registered and ceases to have effect at the end of September 2009.