Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from take-off minima inside Australian territory
Legislation
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.
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 the operation is less than that determined for the aircraft at the aerodrome.
Standard meteorological take-off minima were determined in instrument CASA 146/08 and published in AIP En Route 1.5, section 4.3. 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.
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 safety conditions.
Instrument
The instrument is an exemption from the standard minima. It applies to specified aeroplanes (the aircraft) operated by Emirates of Dubai, United Arab Emirates (the operator) in take-off operations at Sydney International Airport (Sydney INTL) and Melbourne International Airport (Melbourne INTL). Therefore, where the exemption is used, the minimum runway visibility for take-off may be reduced to 350 metres.
Conditions
There are, however, several safety conditions. For example, low visibility take-offs (LVTO) may not be conducted if the minimum visibility is below 350 metres, measured in accordance with the requirements of the instrument. LVTO may only be conducted when related air traffic control services and procedures are operating. Minimum runway visibility conditions are prescribed which depend on the quality and extent of runway edge and centreline lighting or markings. 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.
The operator must continue to have the approval of the General Civil Aviation Authority of the United Arab Emirates (GCAA UAE) for the conduct of low visibility operations at least down to the limit prescribed in the instrument (350 metres — the operator is currently approved by the GCAA UAE down to 125 metres). The operator’s operations manual must contain detailed briefing material on LVTO at each airport, not inconsistent with the instrument, and this material must be observed during operations. A copy of the instrument itself must be kept in the appropriate part of the operations manual.
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
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 at Melbourne and Sydney International airports. These take-offs would be consistent with existing practice which is not considered prejudicial to the interests of safety. Similar instruments have been issued to other operators.
The instrument, which replaces CASA EX31/06, 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 a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX35/08]