Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – British Airways
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 with lower minimum visibility (low visibility operations or LVO).
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.
The exemption has been issued for British Airways plc (BA) for the conduct of LVO in Australia. 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 states the 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 8 in Schedule 2).
In essence, the operator must ensure that specified visibility standards are met for take-offs and landings. These may be performed only at aerodromes properly equipped to support the LVO conducted under the exemption. As a foreign aircraft operator, BA must also conduct its operations in accordance with the approval to conduct LVO issued by the United Kingdom Civil Aviation Authority.
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 BA to enable low visibility take-offs and CAT II and CAT III landings inside Australia 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 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 30 April 2012.
[Instrument number CASA EX24/10]
Overview
The Civil Aviation Regulations 1988, which were enacted to ensure the safety of air navigation and address gaps in existing aviation regulations, empower the Civil Aviation Safety Authority (CASA) to establish and enforce meteorological minima for take-off and landing. This includes setting the minimum visibility requirements, which are crucial for safe aircraft operations. The authority to issue such regulations stems from Section 98 of the Civil Aviation Act 1988. CASA's ability to exempt certain aircraft or operations from specified provisions, subject to safety considerations, allows for tailored safety measures that can accommodate unique operational needs while maintaining high safety standards. The exemption for British Airways to conduct low visibility operations (LVO) in Australia exemplifies this flexibility, ensuring that BA can operate under conditions approved by the United Kingdom Civil Aviation Authority while meeting Australian safety standards.
Scope and Application
The Civil Aviation Regulations 1988, as amended, govern the safety and efficiency of air navigation in Australia, and under Section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to ensure these objectives. The exemption in question applies specifically to British Airways plc, allowing them to conduct low visibility operations (LVO) in Australia, which includes operations with lower visibility minima than the standard requirements. This exemption applies to aircraft operated by British Airways and the personnel associated with their operations. Geographically, the exemption applies both within and outside Australian territory, but it must also comply with the approval to conduct LVO issued by the United Kingdom Civil Aviation Authority. The exemption is subject to certain conditions, such as the requirement for higher standards of runway lighting at aerodromes where these operations are conducted. The exemption is a disallowable instrument under the Legislative Instruments Act 2003, which means it is subject to tabling and disallowance in the Parliament. It is important to note that while the exemption facilitates specific operations for British Airways, it does not alter the overarching safety standards set forth in the Civil Aviation Regulations 1988.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this exemption for British Airways (BA) include subregulation 257, which outlines the process for determining meteorological minima for take-off and landing at an aerodrome, and subregulation 308, which allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with the operation of an aircraft from compliance with specified provisions of the CAR 1988. Under subregulation 257(1), CASA has the authority to determine these meteorological minima, which must be published in the Aeronautical Information Publication (AIP) or Notices to Air Missions (NOTAMS). If the aircraft takes off when the meteorological conditions fall below these determined minima, it is an offence under subregulation 257(3). Subregulation 308(1) grants CASA the power to exempt aircraft from compliance with specified provisions of the CAR 1988, provided it considers safety interests under subregulation 308(2). Any exemption made under this subregulation can be subject to specific conditions deemed necessary for safety under subregulation 308(3), and contravention of these conditions is an offence under subregulation 308(3A).
The obligations and requirements imposed by the Act on the parties it governs include ensuring that BA meets the specified visibility standards for take-offs and landings as outlined in the exemption. BA must ensure that these operations are conducted only at aerodromes properly equipped to support low visibility operations (LVO) as stipulated in the exemption. Furthermore, BA, being a foreign aircraft operator, must comply with the approval to conduct LVO issued by the United Kingdom Civil Aviation Authority. The exemption specifies the minima for various aeroplanes and conditions for their use, including requirements for higher standards of runway lighting. BA must also ensure that the exemption conditions are adhered to, particularly in terms of safety considerations and operational requirements.
The Act outlines specific offences and penalties for breaches. Under subregulation 257(3), it is an offence for an aircraft to take off if any element of the determined meteorological minima is not met, with potential penalties for such breaches. Additionally, any contravention of a condition of an exemption is an offence under subregulation 308(3A). While the specific maximum penalties are not detailed in the provided text, it is clear that non-compliance with the regulatory requirements and conditions of the exemption could result in legal consequences. The exemption itself, being a disallowable instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in the Parliament, further underscoring the importance of adherence to these regulatory requirements.