CASA EX27/10 – Exemption – from standard take-off and landing minima – V Australia

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2010L00949 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Exemption — from standard take-off and landing minima – V Australia

 

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, section 4. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 500 metres. If conditions are met, the minimum visibility for landing inside or outside Australian territory is 550 metres. 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.

 

V Australia

Virgin Blue International Airlines Pty Ltd, trading as V Australia (the operator), requires this exemption to support its low visibility operations.

 

Instrument and conditions

The instrument, in effect, exempts the aircraft operated by the operator inside and outside Australian Territory, from the minimum visibility requirements of instrument CASA 146/08. However, to ensure the safety of air navigation, the exemption is subject to a series of performance conditions and limitations.

 

The operator must ensure that specified visibility standards are met for take-offs and landings that may be performed only at aerodromes properly equipped to support category II operations. 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.

 

The instrument replaces a previous instrument CASA EX32/09 which expired at the end of March 2010. The applicable visibility requirements have been reduced to take advantage of new aerodrome lighting as well as increased flight crew experience.

 

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 the operator to enable low visibility take-offs and 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.

 

Office of Best Practice Regulation

The Office of Best Practice Regulation did not require preparation of a Regulation Impact Statement in the case of the expired exemption. A preliminary assessment of business compliance costs in the context of the nature of the instrument indicated that it would 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 after it is registered. It stops having effect at the end of 30 April 2011.

[Instrument number CASA EX27/10]

Overview

The Civil Aviation Regulations 1988 (CAR 1988) have been amended to include an exemption from standard take-off and landing minima for V Australia, a subsidiary of Virgin Blue International Airlines Pty Ltd. Enacted by the Australian Parliament, the Civil Aviation Act 1988 was introduced to regulate the safety and efficiency of civil aviation within Australia. The exemption, as outlined in the instrument CASA EX27/10, allows V Australia to conduct low visibility operations that would otherwise be restricted under the standard meteorological minima set forth in instrument CASA 146/08. The exemption is intended to facilitate these operations while maintaining the highest safety standards, taking into account the operator's specific operational requirements, including enhanced flight crew training, appropriate aircraft equipment, and adherence to operational restrictions. The exemption is subject to the approval and oversight of the Civil Aviation Safety Authority (CASA) and is designed to ensure that such operations do not compromise the safety of air navigation.

Scope and Application

The Civil Aviation Regulations 1988, as amended by CASA EX27/10, provide for an exemption from standard take-off and landing minima for V Australia, a trading name of Virgin Blue International Airlines Pty Ltd. This exemption applies to aircraft operated by V Australia, both within and outside Australian territory, allowing for operations in conditions of lower visibility than the standard minima. Such operations are permitted only under strict conditions aimed at ensuring the safety of air navigation, including specified visibility standards for take-offs and landings that can only be performed at aerodromes equipped for category II operations. Additionally, the exemption mandates that flight crew training, experience, and competency meet specified benchmarks, and that aircraft equipment is maintained to the required standards. Operational restrictions and limitations must also be observed, with appropriate foreign approvals obtained and a range of documents carried on board for inspection. The exemption is subject to disallowance in Parliament and replaces a previous exemption that expired in March 2010, reflecting updated aerodrome lighting and increased flight crew experience.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 allow the Civil Aviation Safety Authority (CASA) to set meteorological minima for aircraft take-offs and landings, which are published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMS). According to subregulation 257(1) and 257(2) of CAR 1988, CASA can determine these minima, and subregulation 257(3) makes it an offence for an aircraft to take off if the visibility is less than the determined minimum. The standard minima are 500 metres for take-offs and 550 metres for landings, but an exemption is required to operate in lesser visibility. CASA can exempt aircraft or associated persons from specified provisions of CAR 1988 under subregulation 308(1). This exemption for V Australia, as outlined in the instrument, relieves the operator from the minimum visibility requirements of instrument CASA 146/08, but it is strictly conditional to ensure safety. The exemption conditions include adherence to specified visibility standards, ensuring that take-offs and landings are performed only at aerodromes equipped for category II operations, maintaining flight crew training and experience, ensuring aircraft equipment is maintained, observing operational restrictions and limitations, obtaining appropriate foreign approvals, and carrying required documents on board. Failure to comply with the conditions of the exemption is an offence under subregulation 308(3A) of CAR 1988. This instrument is a legislative instrument under the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. However, consultation under section 17 of the LIA was not undertaken because the exemption was deemed necessary by the operator to enable low visibility operations that meet specified safety standards. The instrument was made by the Director of Aviation Safety on behalf of CASA and comes into effect on the day after registration, expiring at the end of 30 April 2011.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.