CASA EX26/06 - Exemption - from take-off minima inside and outside Australian territory

Overview

The instrument F2006L01958, issued under the Civil Aviation Act 1988, addresses the need for specific exemptions regarding take-off minima for Boeing 737-800 aeroplanes operated by Pacific Blue Airlines (NZ) Ltd. The instrument was introduced to allow for low visibility take-offs, both inside and outside Australian territory, with a reduced minimum visibility requirement from 500 metres to 300 metres, while ensuring safety standards are upheld. This was achieved through the Civil Aviation Safety Authority (CASA) exercising its powers under subregulation 308(1) of the Civil Aviation Regulations 1988. The policy objective, as stated, is to permit operations that align with existing safe practices, provided that stringent conditions are met, including adherence to the higher safety standards of the State of the aerodrome where applicable. The instrument is subject to disallowance under the Legislative Instruments Act 2003 and comes into effect upon registration, expiring at the end of June 2008.

Scope and Application

The Civil Aviation (Exemption for Low Visibility Take-offs) Instrument 2006 (F2006L01958) pertains specifically to Boeing 737-800 aeroplanes operated by Pacific Blue Airlines (NZ) Ltd, allowing them an exemption from the standard minimum visibility requirements for take-offs as set by the Civil Aviation Regulations 1988. This exemption applies both within Australian territory and outside it, enabling operations in conditions of lesser visibility than the standard 500 metres, down to a minimum of 300 metres. The exemption is contingent upon stringent safety conditions, including adherence to specified air traffic control procedures, compliance with the operator's manual, and pilots having completed approved low visibility take-off simulator training and demonstrated competency within the last six months. Furthermore, the exemption is subject to the higher safety standards of the State of the aerodrome if they are more restrictive than those stipulated in the instrument. This legislative instrument, being a disallowable instrument under the Legislative Instruments Act 2003, requires tabling and disallowance in the Parliament. It comes into effect after registration and ceases to have effect at the end of 30 June 2008.

Key Provisions

The main sections of the legislation pertain to the exemption of Boeing 737-800 aeroplanes operated by Pacific Blue Airlines (NZ) Ltd from specific meteorological minima for take-off. Section 257(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to determine meteorological minima for landing or take-off at aerodromes, which must be published in the Aeronautical Information Publication (AIP) or Notices to Air Missions (NOTAMS). Section 257(2) of CAR 1988 mandates that aircraft cannot take off if the meteorological conditions are below the determined minima. Section 308(1) of CAR 1988 enables CASA to exempt aircraft from specific provisions of the regulations, subject to certain safety considerations outlined in Section 308(2). The exemption made by CASA allows the aeroplanes in question to take off at a reduced minimum visibility of 300 metres, both inside and outside Australian territory. The Act imposes several obligations on the parties involved. The operator must ensure that low visibility take-offs are conducted only when specific air traffic control procedures are in place and that the conditions set out in the operator’s manual are adhered to. Each pilot must complete approved low visibility take-off simulator training and demonstrate competency in low visibility operations to a check pilot within the previous six months. Additionally, the aeroplane must not take off from a runway that requires specific turning manoeuvres soon after take-off if the visibility is less than 500 metres. When operating outside Australian territory, the aeroplane must comply with the requirements of the State of the aerodrome if they are more stringent than those stipulated in the exemption. Failure to comply with the provisions of the Act or the exemptions can result in serious consequences. Under subregulation 257(3) of CAR 1988, 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. Such offences may lead to enforcement actions by CASA, which could include fines or other penalties. The specific penalties are not detailed in the text, but they are likely to be substantial given the safety implications of non-compliance with aviation regulations. The instrument is declared as a disallowable instrument under the Legislative Instruments Act 2003, which means it is subject to tabling and disallowance in Parliament. The exemption is effective from the day after it is registered and remains in force until the end of 30 June 2008. The exemption has been made by a delegate of CASA, in accordance with subregulation 7(1) of CAR 1988, and is numbered CASA EX26/06.