Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima
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 Pty Ltd, trading as V Australia (the operator), is a new Australian airline, operating international services to the USA using its B777-300ER type aircraft (the aircraft). It has recently gained its AOC and in order to support its USA operation has requested an approval to conduct low visibility landings and take‑offs.
CASA has assessed the operator’s operation manuals covering all aspects of pilot training and operating procedures for autoland and low visibility take-offs and landings and found them satisfactory. In addition, the flight simulator lesson plan has been assessed as satisfactory. Satisfactory maintenance arrangements for both Australia and the USA are in place to maintain autoland status for low visibility landings and take-offs.
As an additional precaution, the operator will phase in its low visibility operations, commencing with category II landing minima and other conditions for 6 months until a history of autolands and crew competence has been built up for review by CASA. If that phase is successful, an exemption to operate to the more demanding category III landing minima may become available, on application, through a new instrument.
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.
In essence, 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 technical details of the exemption and its conditions are set out in Attachment 1.
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 exemption would be of beneficial effect to the operator. The Office of Best Practice Regulation does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that it will have only a nil to low impact on business.
Making and commencement
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) and regulation 308 of CAR 1988.
The instrument comes into effect on the day after it is registered. It stops having effect at the end of 31 March 2010.
[Instrument number CASA EX32/09]
ATTACHMENT 1
Details of exemption
1 Duration
Under this section, the exemption commences on the day after it is registered and stops having effect at the end of March 2010.
2 Definitions
Under this section, various terms and abbreviations are defined as follows:
ADV means advisory, and refers to information obtained from ATC.
ATC means air traffic control.
CAT means category.
controlling zone means any runway zone where the RVR or RV reading represents the minima for the runway zone.
DH means decision height.
ICUS refers to a pilot and means in command under supervision.
LH means left hand, and refers to the left-hand seat in the cockpit of an aeroplane.
low visibility operation or LVO means:
(a) landing with less than CAT I minima; or
(b) take-off with less than 550 metres RV or RVR.
RH means right hand, and refers to the right-hand seat in the cockpit of an aeroplane.
runway zone means the touch down zone (TDZ), the mid-zone (MID) or the end zone (END) of a runway.
RV means runway visibility and is assessed by an approved observer and reported by ATC.
RVR means runway visual range and is measured by instrument and reported by ATC.
3 Application
Under this section, the instrument applies only to B777-300ER type aircraft (the aircraft) operated by Virgin Blue International Pty Ltd, trading as V Australia (the operator) in low visibility take-off and landing operations at aerodromes where ATC is in operation and where ATC has informed the pilot that low visibility procedures are in use.
4 Exemption
Under this section, each aircraft is exempt from compliance with regulation 257 of CAR 1988 in relation to the standard take-off and landing minima determined by CASA under subregulation 257 (1) of CAR 1988. A Note indicates that details of the determination are set out in AIP En Route 1.5, sections 4.3 and 4.4.
5 Conditions
Under this section, the exemption is subject to the condition that the aircraft must use not less than the aerodrome minima mentioned in Schedule 1. Other conditions are mentioned in Schedule 2.
Schedule 1 Aerodrome minima for low visibility operations
1Under this clause, a table displays the category II (CAT II) landing minima for the aircraft at aerodromes with facilities required to support CAT II or CAT III landing operations. CAT III A and CAT III B minima are not available for the operator.
2 Under this clause, a table displays the take-off minima for the aircraft at aerodromes with facilities required to support low visibility take-offs.
3Under this clause, the visibility measurements, controlling zones and runway lighting requirements are set out.
Schedule 2 Conditions
Operations manual
1 Under this clause, an operations manual must be carried on board the aircraft. It must contain all the necessary crew procedures for safe LVO, and identify the aircraft equipment required for an automatic landing in CAT II weather minima.
Training
2 Under this clause, the operator, or an approved training organisation, must certify that each pilot of the aircraft has successfully completed an appropriate LVO training course.
3 Under this clause, the LVO training course syllabus (and any amendments to it) must be approved by CASA. A Note indicates that a sample syllabus is at Annex A.
Experience
4 Under this clause, a pilot is authorised for LVO on the aircraft only if he or she has successfully completed the aircraft-type LVO training and performed 2 autolands in at least CAT I conditions. One of these autolands must be performed during line training.
5 Under this clause, the pilot experience requirements to operate to the minima shown in Schedule 1 are set out. However, CASA may approve otherwise in writing for an aircraft type with an approved cross-crew qualification transition course.
6 If a pilot does not have the experience mentioned in clause 5, he or she is restricted to more limited take-off and landing specifications which are set out in the clause.
Recency
7 Under this clause, for recency, a captain must have completed an autoland using LVO procedures in a flight simulator or in the aircraft type within the 90 days before conducting a CAT II landing.
8 Under this clause, a captain must not conduct a CAT II landing if he or she has lost recency and not regained it in accordance with clause 9.
9 Under this clause, a captain regains recency by performing an autoland in a flight simulator or in an aircraft in at least CAT I conditions.
Competency
10 Under this clause, for competency, each pilot of the aircraft must have successfully completed, to the operator’s operational and meteorological limits, a flight simulator competency check that includes specified flight manoeuvres (engines failures, go-around and landing).
11Under this clause, unless otherwise approved in writing by CASA, each pilot must demonstrate competency in LVO at least twice in every 12 months but not more than 7 months and not less than 5 months may elapse between demonstrations.
12 Under this clause, a pilot of the aircraft must demonstrate competency to an operational check captain of the aircraft type, at least once every 12 months.
13 Under this clause, a captain may not operate in LVO from the RH seat unless he or she has demonstrated competency in LVO from both LH and RH seats.
Operational restrictions
Take-offs and landings
14 Under this clause, for take-off and landing, a number of specified operational restrictions apply, including for minima, cross-wind, pilot status, check lists and runway lighting.
Take-offs
15 Under this clause, for take-offs, the operator’s operations manual must contain a standard procedure call for the pilot monitoring to advise the pilot flying of deviations from the runway centreline.
Landings
16 Under this clause, for landings, specified approach ban rules apply.
17 Under this clause, for landings, the pilot in command of the aircraft must not continue an approach below the applicable minima unless visual reference is established and maintained in accordance with specified lighting requirements.
18 Under this clause, for landings, the braking action on the runway must not be reported by ATC as worse than “medium”.
19 Under this clause, the landing distance available for the aircraft must be the greater of 2 200 metres or 1.15 times the landing distance required under subsection 11 of Civil Aviation Order 20.7.1B.
20 Under this clause, for a CAT II landing, until visual conditions are established, the aircraft must have at least a fail-passive automatic landing system.
Maintenance
21 Under this clause, the aircraft equipment required for an LVO take-off or a CAT II landing must be maintained in accordance with the Aircraft Maintenance Planning Document.
Foreign approvals
22 Under this clause, an LVO may be conducted at an aerodrome outside Australia only if a number of conditions have been complied with. Thus, the operator must have informed CASA that for landing operations, the aerodrome and runway terrain details and charts, including the data used to determine the applicable minima, have been checked. The operator must have received approval to conduct the operation from the relevant foreign aviation regulatory authority. In addition, CASA must be given a copy of the approval. The LVO must be conducted in accordance with each of the operator’s relevant foreign aviation regulatory authority approvals.
Document and procedure requirements
23 Under this clause, certain documents and information must be contained in the operations manual carried on board the aircraft, including a copy of the exemption instrument, a list of aerodromes and runways approved for LVO take-off and CAT II landings (the list), and the minima for the approved aerodromes and runways in the list.
24 Under this clause, the operator’s procedures for LVO must be in accordance with the exemption and, where applicable, with the operator’s Safety Operational Specification – Approval to Conduct Autolands instrument, issued by CASA.
Annex A
Low visibility operation training requirements
The Annex contains a sample training course syllabus as mentioned in clause 3 of Schedule 2. This provides guidance on the requirements of a course that would be likely to be approved by CASA. The sample deals with ground training and flight simulator training.