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 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 was made in instrument CASA 477/03. The minima determined in CASA 477/03 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 (spaced not more than 60 metres apart) and either runway centreline lighting or centreline marking, is 500 metres. An exemption would be required to operate in lesser 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.
Instrument
The instrument, in effect, exempts Airbus A340-500 aeroplanes, operated by Etihad Airways P.J.S.C. of Abu Dhabi (the operator) inside Australian territory, from the minimum visibility requirements of instrument CASA 477/03. Under the instrument, the minimum runway visibility may be reduced to 350 metres.
Conditions
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 (the 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. At least once a year, he or she must also demonstrate competency in low visibility operations to a Category A or Category B 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.
A copy of the instrument is to be kept in the operator’s manual.
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 declared to be 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 inside Australian territory consistent with existing practice which is not considered prejudicial to the interests of safety. Similar instruments have been issued to other operators who meet the safety conditions.
The instrument commences on the day after it is registered. It stops having effect at the end of 31 May 2009.
The exemption has been made by the Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX29/07]
Overview
The Civil Aviation Regulations 1988, as amended by F2007L01968, were enacted to provide for the safety of air navigation and address gaps in the regulations concerning take-off minima inside Australian territory. This legislative instrument, introduced under the authority of the Civil Aviation Act 1988, allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft from standard meteorological minima for take-off. Specifically, it permits Airbus A340-500 aeroplanes operated by Etihad Airways P.J.S.C. to take off in lower visibility conditions, down to 350 metres, provided that strict safety conditions are met. The exemption, subject to parliamentary disallowance under the Legislative Instruments Act 2003, aims to ensure that these lower visibility operations do not compromise safety. This legislative measure reflects a commitment to accommodating specific operational needs of certain aircraft while maintaining stringent safety standards.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 authorise the Civil Aviation Safety Authority (CASA) to set meteorological minima, including visibility requirements, for aircraft operations at aerodromes within Australia. This authority allows CASA to issue exemptions from these minima, subject to safety considerations. Specifically, the exemption instrument exempts Airbus A340-500 aeroplanes operated by Etihad Airways P.J.S.C. from the standard minimum visibility requirements when taking off inside Australian territory, permitting operations at a reduced visibility of 350 metres, provided certain conditions are met. These conditions include adherence to specific air traffic control procedures, compliance with the operator’s operations manual, and mandatory training and competency assessments for pilots involved in low visibility take-offs. The exemption applies to the specified aircraft and operator and is subject to the conditions outlined to ensure the safety of air navigation. The instrument, declared as a disallowable instrument under the Legislative Instruments Act 2003, is subject to parliamentary review and disallowance.
Key Provisions
The primary operative sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this instrument are subregulations 257(1) and 257(2) which provide the Civil Aviation Safety Authority (CASA) with the authority to determine meteorological minima for landing or take-off at an aerodrome, and subregulation 308(1) which allows CASA to exempt aircraft or persons associated with the operation of the aircraft from specified provisions of CAR 1988. According to subregulation 257(3), it is an offence to take off when the meteorological minima are not met. The exemption in this instrument allows Airbus A340-500 aeroplanes operated by Etihad Airways P.J.S.C. to take off in lower visibility conditions than otherwise permitted by the standard minima set out in CASA instrument 477/03.
The obligations imposed by the exemption include adherence to specific conditions that ensure the safety of air navigation. For example, low visibility take-offs can only be conducted if related air traffic control procedures are in place and if the requirements outlined in the operator’s manual are followed. Additionally, each pilot must complete approved low visibility take-off simulator training and demonstrate competency in low visibility operations annually to a Category A or Category B check pilot. The exemption also stipulates that 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. Furthermore, a copy of the exemption must be kept in the operator’s manual.
The instrument also delineates offences and penalties for non-compliance. Under subregulation 308(3) of CAR 1988, the exemption may be made subject to any conditions deemed necessary in the interests of safety. If any of these conditions are breached, it could result in enforcement actions being taken against the operator or the pilot, potentially leading to revocation of the exemption. The instrument itself is a legislative instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. Although consultation under section 17 of the LIA was not undertaken in this instance, the exemption was made in accordance with the statutory requirements of CAR 1988.