CASA EX35/08 - Exemption - from take-off minima inside Australian territory

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulations for the operation of aircraft in Australia, ensuring safety and efficiency in air navigation. The 2008 legislative instrument, F2008L01657, amends these regulations by introducing an exemption from standard take-off minima inside Australian territory, addressing the specific needs of Emirates of Dubai operating at Sydney and Melbourne International Airports. This exemption allows for take-off operations with a reduced minimum visibility of 350 metres, subject to stringent safety conditions. The instrument was enacted under the authority of Section 98 of the Civil Aviation Act 1988, empowering the Governor-General to establish regulations concerning air navigation safety. The policy objective is to enhance operational flexibility for the operator while maintaining high safety standards, ensuring that low visibility take-offs are conducted under controlled and approved conditions.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide for a specific exemption from the standard meteorological take-off minima within Australian territory. This exemption applies to specified aeroplanes operated by Emirates of Dubai, United Arab Emirates, during take-off operations at Sydney International Airport and Melbourne International Airport. The exemption allows for a reduced minimum runway visibility of 350 metres, down from the standard 500 metres, but it is subject to stringent safety conditions. These conditions include the requirement that low visibility take-offs may only be conducted if the visibility is at least 350 metres, in accordance with specified measurement requirements, and when related air traffic control services and procedures are operational. Furthermore, specific runway visibility conditions must be met based on the quality and extent of runway edge and centreline lighting or markings, and certain turning manoeuvres post-take-off are restricted if visibility is less than 500 metres. Additionally, the operator must maintain the approval of the General Civil Aviation Authority of the United Arab Emirates for conducting low visibility operations down to the prescribed limit. The operator's operations manual must include detailed briefing material on low visibility take-offs, not inconsistent with the exemption, and a copy of the exemption instrument itself must be kept in the manual. This exemption is a legislative instrument, subject to tabling and disallowance in the Parliament, although consultation under the Legislative Instruments Act 2003 was not undertaken in this instance as the take-off operations are deemed not to be prejudicial to safety interests. The exemption is effective from the day after registration and ceases on 31 May 2009.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 allow for the setting of meteorological minima for take-off operations at aerodromes (Section 98, subregulation 257). Typically, the minimum visibility requirement for take-off inside Australian territory, at aerodromes with specified lighting and markings, is 500 metres (subregulation 257(1)). However, subregulation 308(1) of the CAR 1988 permits the Civil Aviation Safety Authority (CASA) to exempt certain aircraft from these standard minima, provided safety considerations are taken into account (subregulation 308(2)). These exemptions can include specific conditions to ensure safety, such as the operational protocols and visibility requirements that must be met for the exemption to apply. The current instrument, CASA EX35/08, grants Emirates of Dubai an exemption from the standard 500-metre visibility requirement for take-off at Sydney International Airport and Melbourne International Airport. This exemption reduces the minimum visibility requirement to 350 metres, but it comes with stringent safety conditions. For instance, low visibility take-offs (LVTO) are only permitted when visibility is at least 350 metres, and air traffic control services and procedures must be in place. Additionally, the aeroplane must not take off from a runway that necessitates specific turning manoeuvres immediately after take-off if visibility is below 500 metres. The operator must maintain approval from the General Civil Aviation Authority of the United Arab Emirates for conducting low visibility operations down to 350 metres and ensure that their operations manual includes detailed briefing material on LVTO, consistent with the instrument. In terms of regulatory compliance, CASA must ensure that any exemptions issued are not detrimental to safety. The exemption in question is subject to the Legislative Instruments Act 2003, which mandates that such exemptions be tabled and potentially disallowed by Parliament (subregulation 308(4), subparagraph 6(d)(i) of the LIA). Although consultation under section 17 of the LIA was not undertaken in this instance, the exemption is deemed necessary to allow Emirates to operate in accordance with existing practices that do not compromise safety standards. This instrument replaces CASA EX31/06 and will remain in effect until 31 May 2009. Failure to comply with the conditions of this exemption or the standard meteorological minima could result in significant consequences. Under subregulation 257(3) of the CAR 1988, it is an offence for an aircraft to take off if any element of the meteorological minima for the operation is less than that determined. Penalties for such breaches may include fines and other legal ramifications, underscoring the importance of adhering to the specified safety conditions.