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 Eastern Australia Airlines Pty Ltd (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 EX17/2003 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 June 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 EX30/05]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide a comprehensive regulatory framework for civil aviation in Australia, addressing safety, efficiency, and environmental considerations. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under this authority, the Civil Aviation Safety Authority (CASA) can grant exemptions from specified provisions of CAR 1988, subject to certain conditions, to ensure that operations can continue safely. The policy objective of this regulation is to maintain and enhance the safety of air navigation by allowing specific exemptions when necessary, provided that safety considerations are adequately addressed. This exemption, for instance, allows certain aircraft operated by Eastern Australia Airlines Pty Ltd to take off in conditions of lower visibility than the standard minima, provided stringent safety conditions are met.
Scope and Application
The Civil Aviation Regulations 1988 Exemption provides a specific exemption from the take-off minima inside Australian territory for aeroplanes operated by Eastern Australia Airlines Pty Ltd. This exemption applies to operations where the minimum runway visibility is reduced to 300 metres. The exemption allows for these operations to take place under certain conditions that are necessary to maintain safety, such as adherence to air traffic control procedures, completion of approved low visibility take-off simulator training by pilots, and demonstration of competency in regular training programs. The exemption is subject to conditions, including the quality and extent of runway lighting and markings, and prohibits take-offs from runways that require particular turning manoeuvres soon after take-off if visibility is less than 500 metres. The exemption replaces an earlier instrument and is subject to disallowance in Parliament. It is effective from 1 August 2005 until the end of June 2008.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include specific provisions that govern the take-off minima for aircraft inside Australian territory. According to subregulation 257(1), the Civil Aviation Safety Authority (CASA) is responsible for determining the meteorological minima, which includes the visibility requirements for landing or take-off at an aerodrome. This determination must then be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAMs) as per subregulation 257(2). Subregulation 257(3) further stipulates that it is an offence for an aircraft to take off if the meteorological minima for the operation are not met. For instance, the standard minimum visibility for take-off at aerodromes with runway edge lighting and either centreline lighting or marking is set at 500 metres within Australian territory.
Under subregulation 308(1) of CAR 1988, CASA has the authority to exempt aircraft, or persons involved in the operation of the aircraft, from certain provisions of the regulations. However, before granting such an exemption, CASA must consider all relevant safety considerations as outlined in subregulation 308(2). Moreover, any exemption can be subject to conditions deemed necessary for safety, as per subregulation 308(3). In this context, an exemption has been issued for aeroplanes operated by Eastern Australia Airlines Pty Ltd, allowing them to take off with a reduced minimum runway visibility of 300 metres inside Australian territory. This exemption is contingent on several conditions, including adherence to specific air traffic control procedures, following the operator's operations manual, and ensuring pilots have completed approved low visibility take-off simulator training.
The obligations imposed by this exemption require Eastern Australia Airlines to strictly follow the prescribed conditions to maintain safety standards. This includes ensuring that pilots have undergone and demonstrated competency in low visibility take-off procedures regularly. Specifically, each pilot must complete approved low visibility take-off simulator training, demonstrate competency at regular intervals within the operator’s training program, and show proficiency to a senior check pilot annually. Furthermore, aeroplanes must avoid taking off from runways that necessitate complex turning manoeuvres immediately after take-off if visibility is below 500 metres. Any failure to comply with these conditions could result in severe repercussions, as breaching the meteorological minima is an offence under subregulation 257(3) of CAR 1988.
In terms of penalties and consequences, the severity of the breach determines the applicable sanctions. If an aircraft takes off without meeting the specified meteorological minima, it constitutes an offence under subregulation 257(3) of CAR 1988. The penalties for such breaches are not explicitly detailed in the explanatory statement, but they are likely to be significant given the importance of adhering to safety standards in aviation. Additionally, the exemption itself is subject to disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA), making it a legislative instrument that must be tabled and potentially disallowed if found to be inconsistent with the law. Failure to comply with these legislative requirements could result in civil or criminal consequences, further underscoring the importance of adherence to the stipulated conditions.