CASA EX36/08 - Exemption - from take-off minima inside and outside Australian territory

Overview

The Civil Aviation (Exemption) Regulations 2008, enacted under the Civil Aviation Act 1988, addresses the need for specific meteorological minima exemptions for certain aircraft operations, particularly concerning low visibility take-offs. This regulation empowers the Civil Aviation Safety Authority (CASA) to exempt certain Boeing 737-800 aeroplanes operated by Pacific Blue Airlines (NZ) Ltd from standard visibility requirements, allowing for take-offs in lower visibility conditions than typically permitted. The policy objective is to ensure safety while accommodating operational practices that do not compromise air navigation safety standards. The exemption, declared as a disallowable instrument under the Legislative Instruments Act 2003, is subject to parliamentary oversight through disallowance provisions, ensuring that safety remains the paramount consideration in such exemptions.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) establish the safety standards for air navigation in Australia, with the Civil Aviation Safety Authority (CASA) empowered to set and enforce these standards, including minimum visibility requirements for aircraft take-off and landing. Specifically, subregulation 257 of CAR 1988 mandates that CASA determines the meteorological minima for take-off and landing at aerodromes, which must be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM) system. This regulation is designed to ensure that aircraft operate within safe visibility parameters, which are crucial for safe take-off and landing. Under the same regulation, it is an offence for an aircraft to take off if the visibility falls below the determined minima unless exempted. The exemption granted by CASA EX36/08 applies specifically to Boeing 737-800 aeroplanes operated by Pacific Blue Airlines (NZ) Ltd, allowing them to take off in lower visibility conditions both inside and outside Australian territory, provided certain safety conditions are met. These conditions include adherence to specific air traffic control procedures, completion of approved low visibility take-off simulator training by pilots, and compliance with the higher safety standards of the State of the aerodrome when operating outside Australian territory. The exemption is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 and is effective until 30 June 2010.

Key Provisions

The primary sections of the legislation in question pertain to the Civil Aviation Regulations 1988 (CAR 1988). Specifically, subregulation 257(1) empowers the Civil Aviation Safety Authority (CASA) to determine meteorological minima, including visibility requirements, for take-off and landing at aerodromes. These determinations must be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAMS). Additionally, subregulation 308(1) allows CASA to exempt aircraft or associated persons from specific provisions of CAR 1988. This exemption must consider safety interests, as outlined in subregulation 308(2), and can include conditions necessary for safety as specified in subregulation 308(3). Under the given instrument, Boeing 737-800 aeroplanes operated by Pacific Blue Airlines (NZ) Ltd are exempt from the standard minimum visibility requirements for take-off inside and outside Australian territory. The exemption allows a reduced minimum runway visibility of 300 metres, provided specific conditions are met to ensure the safety of air navigation. These conditions include adherence to air traffic control procedures, compliance with the operator’s operations manual, and completion of approved low visibility take-off simulator training by each pilot. Furthermore, pilots must demonstrate competency in low visibility operations to a check pilot within the previous six months. The exemption also mandates that the higher safety standards of either the instrument or the State of the aerodrome must be followed. The legislation imposes several obligations on the parties involved. Pacific Blue Airlines (NZ) Ltd must ensure that each pilot has completed the necessary training and demonstrated competency in low visibility operations. The airline is also required to adhere to the specific conditions outlined in the exemption, such as following air traffic control procedures and maintaining compliance with the operations manual. The aeroplane must not take off from a runway that necessitates particular turning manoeuvres soon after take-off if visibility is less than 500 metres. Additionally, if operating outside Australian territory, the aircraft must comply with the more restrictive requirements of the State of the aerodrome. There are potential consequences for breach of the provisions in the Civil Aviation Regulations 1988 (CAR 1988). Under subregulation 257(3), it is an offence for an aircraft to take off if the meteorological minima for that operation are not met. Such an offence could result in civil or criminal penalties, although the specific penalties are not detailed in the instrument. Moreover, the exemption is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 (LIA). The exemption is also subject to the disallowable instrument provisions under section 6(d)(i) of the LIA, and the instrument was issued by a delegate of CASA in accordance with subregulation 7(1) of CAR 1988. Failure to comply with the conditions of the exemption could lead to enforcement actions by CASA.