EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
EXEMPTION — FROM TAKE-OFF MINIMA INSIDE AUSTRALIAN TERRITORY
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that 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.
Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety.
Subregulation 308 (3) provides that CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
This exemption is from compliance with subregulation 257 (3) as follows.
Subregulation 257 (1) provides that CASA may determine the meteorological minima, that is the visibility requirements, for landing or take-off at an aerodrome. Subregulation 257 (2) provides that the determination must be published in AIP or NOTAMS.
Subregulation 257 (3) makes it 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.
Standard meteorological minima were determined in CASA 477/03 and are set out in AIP En Route 1.5, section 4. The minimum visibility for take-off inside Australian territory at an aerodrome with runway edge lighting and either centreline lighting or centreline marking is 500 metres.
The exemption from this minima applies to aeroplanes operated by Qantas Airways Limited (the operator) in take-off operations inside Australian territory at aerodromes where the minimum runway visibility is reduced to 300 metres.
The instrument replaces CASA EX15/2003 which expires at the end of July 2005. To ensure the safety of air navigation, the exemption is subject to conditions.
For example, low visibility take-offs may only be conducted when related air traffic control procedures are in place. The requirements of the operator’s operations manual for the procedure must be followed. Minimum runway visibility conditions are prescribed which depend on the quality and extent of runway edge and centreline lighting or markings. Each pilot must have completed approved low visibility take-off simulator training. He or she must also demonstrate competency at regular intervals in the operator’s own recurring training program. At least once a year, competency in adverse low visibility conditions must be demonstrated to a senior check pilot. If visibility is less than 500 metres, the aeroplane must not take-off from a runway that requires particular turning manoeuvres soon after take-off.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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. 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 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 inside Australian territory consistent with existing practice which is not considered prejudicial to the interests of safety. A similar instrument would be issued to any appropriate operator who requested it and could meet its safety conditions.
The instrument comes into effect on 1 August 2005. It will be registered on the Federal Register of Legislative Instruments. It stops having effect at the end of July 2008.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX29/05]
Overview
The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, are a comprehensive set of regulations designed to ensure the safety of air navigation and to provide a legal framework for civil aviation within Australia. One particular aspect of these regulations involves the exemption of certain aircraft and operations from specific take-off minima inside Australian territory. This exemption, detailed in the Civil Aviation Regulations 1988, allows for operations under conditions that would otherwise be considered unsafe, provided stringent safety conditions are met. The exemption was introduced to address the need for flexibility in aviation operations while maintaining the highest safety standards. The Civil Aviation Safety Authority (CASA) is responsible for granting these exemptions, ensuring they are subject to conditions necessary for safety, and is guided by the overarching objective of protecting public safety in the realm of civil aviation.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) establish that the Civil Aviation Safety Authority (CASA) may exempt certain aircraft, or persons involved in the operation of such aircraft, from complying with specified regulatory provisions, including those related to meteorological minima for take-off and landing. This exemption applies to aeroplanes operated by Qantas Airways Limited during take-off operations inside Australian territory at aerodromes where the minimum runway visibility is reduced to 300 metres. Such exemptions are made under section 98 of the Civil Aviation Act 1988 and are contingent on CASA considering relevant safety considerations and potentially imposing conditions to ensure the safety of air navigation. The exemption, which is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, includes specific conditions such as adherence to air traffic control procedures, completion of low visibility take-off simulator training by pilots, and demonstration of competency in adverse low visibility conditions. This legislative instrument, which replaces CASA EX15/2003, is effective from 1 August 2005 until the end of July 2008.
Key Provisions
The main operative sections of this piece of legislation are Sections 98 of the Civil Aviation Act 1988 and Subregulation 308 of the Civil Aviation Regulations 1988. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purposes of the Act, while Subregulation 308(1) of the Civil Aviation Regulations 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of the regulations. Subregulation 308(2) further requires that CASA must take into account any relevant considerations relating to the interests of safety before making an exemption, and Subregulation 308(3) allows CASA to make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety. The exemption in question applies to aeroplanes operated by Qantas Airways Limited in take-off operations inside Australian territory at aerodromes where the minimum runway visibility is reduced to 300 metres.
The obligations and requirements imposed by this legislation on the parties it governs include ensuring that the exemption from compliance with subregulation 257(3) is subject to conditions necessary in the interests of safety. These conditions include conducting low visibility take-offs only when related air traffic control procedures are in place, following the requirements of the operator’s operations manual for the procedure, meeting minimum runway visibility conditions that depend on the quality and extent of runway edge and centreline lighting or markings, and completing approved low visibility take-off simulator training. Pilots must also demonstrate competency at regular intervals in the operator’s own recurring training program and to a senior check pilot at least once a year. Additionally, the aeroplane must not take-off from a runway that requires particular turning manoeuvres soon after take-off if visibility is less than 500 metres.
The legislation imposes certain consequences for breach, including criminal and civil penalties. 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 maximum penalties for breaching these regulations are not explicitly stated in the text, but the severity of the consequences is implied by the emphasis on safety considerations and the requirement for strict adherence to the conditions set out in the exemption. Furthermore, the exemption is a disallowable instrument under the Legislative Instruments Act 2003, which means it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. This adds an additional layer of accountability and oversight to the exemption process.