Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Jetstar Boeing 787-8 and A321 aircraft participation in land and hold short operations
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the
Governor-General may make regulations for the Act and the safety of air navigation.
Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988, or a provision of the Civil Aviation Orders in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation.
Under subregulation 172.065 (1) of CASR 1998, an ATS provider (a person approved to provide air traffic services) must ensure that any service is provided in accordance with the specified standards, including, under paragraph (a), the standards set out in the Manual of Standards (MOS) – Part 172 (the MOS).
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The MOS contains requirements relating to the conduct of land and hold short operations (LAHSO). These operations involve aircraft landing on 1 runway while another aircraft takes off or lands on an intersecting runway at the same time. The MOS contains requirements relating to the conduct of LAHSO. These requirements are contained in subsections 10.13.5.3, 10.13.5.4 and 10.13.5.7 of the MOS. Under subsections 10.13.5.3 and 10.13.5.4, participation in LAHSO is allowed only to aircraft in performance categories A, B and C. Airbus 321 and Boeing 787-8 aircraft are in performance category D.
Under subsection 10.13.5.7, pilots of foreign registered civil aircraft are not permitted to participate in LAHSO.
CASA has decided to issue this exemption in relation to those subsections so that an ATS provider can allow Airbus 321 and Boeing 787-8 aircraft operated by Jetstar Airways Pty Limited (Jetstar) to engage in LAHSO notwithstanding the restrictions that would otherwise apply. CASA considers that the specified aircraft are capable, under normal operating conditions, of complying with published LAHSO landing distances for runways within the Jetstar network.
The instrument repeals 2 previous exemptions, CASA EX104/11 and CASA EX131/13, which applied to the conduct of LAHSO by those aircraft types when operated by Jetstar. CASA EX104/11 applied to allow the conduct of LAHSO by Airbus 321 aircraft. CASA EX131/13 which applied to Boeing 787-8 aircraft allowed the aircraft to conduct passive LAHSO only.
A passive LAHSO allows an aircraft to use a runway while another aircraft is conducting an active LAHSO on an intersecting runway. An active LAHSO is a LAHSO in which an aircraft lands and stops short of the intersecting runway on which another operation is taking place. CASA has determined that Jetstar now has sufficient experience to conduct both active and passive LAHSO when using Boeing 787-8 aircraft. As a result, this instrument applies to both aircraft types.
Legislative Instruments Act
Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act. Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to a class of persons, being ATS providers.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA had not been undertaken before the issue of this instrument. The instrument replaces 2 previous exemptions granted to allow an ATS provider to permit the named operator to participate in LAHSO using the same 2 types of aircraft. It is similar to exemptions granted in respect of other operators and has proved beneficial for the provision of air traffic services. The expansion of the previous exemption of Boeing 787-8 aircraft has been granted on CASA’s assessment that the operator now has sufficient experience with these aircraft to carry out active LAHSO.
The aircraft itself has a proven capability to participate in those operations.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day of registration. It expires at the end of September 2015, as if it had been repealed by another instrument.
[Instrument number CASA EX29/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — Jetstar Boeing 787-8 and Airbus 321 aircraft participation
in land and hold short operations
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument is granted to allow an ATS provider to permit the named operator’s Boeing 787-8 and Airbus 321 aircraft to engage in LAHSO operations. In other words, it allows the aircraft to use a runway in an operation in which it lands and holds short of an intersecting runway or to use a runway while another aircraft lands and holds short on an intersecting runway.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority