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 subregulations 257 (3) and (4) 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.
Subregulations 257 (3) and (4) make it an offence for an aircraft to take-off or land 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 Virgin Blue 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 EX18/2003 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 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 July 2007.
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 EX37/05]
Overview
The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations for civil aviation safety and efficiency within Australia. This regulatory framework was developed to address the need for a cohesive set of rules governing the operation of aircraft, aerodromes, and associated personnel to ensure public safety and to streamline air traffic management. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make these regulations in the interest of safety. This particular exemption, issued under subregulation 308 of the Civil Aviation Regulations 1988, allows the Civil Aviation Safety Authority (CASA) to grant exceptions to certain regulatory provisions, provided that the exemption does not compromise safety. The exemption in question allows Virgin Blue Airlines Pty Ltd to perform take-offs inside Australian territory at aerodromes with a minimum runway visibility of 300 metres, which is lower than the standard 500 metres. This exemption is subject to stringent conditions to ensure safety, including adherence to specific air traffic control procedures, completion of approved low visibility take-off simulator training, and regular demonstration of competency by pilots. The instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003 and comes into effect on 1 August 2005, expiring at the end of July 2007.
Scope and Application
The Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, provide for exemptions from certain regulations, including take-off minima, to be issued by the Civil Aviation Safety Authority (CASA). This particular exemption applies to aeroplanes operated by Virgin Blue Airlines Pty Ltd, allowing them to take off inside Australian territory at aerodromes where the minimum runway visibility is reduced to 300 metres, provided specific safety conditions are met. The exemption replaces an earlier one and is effective from 1 August 2005 until the end of July 2007. This exemption is subject to conditions designed to ensure the safety of air navigation, such as adherence to air traffic control procedures, completion of approved low visibility take-off simulator training by pilots, and demonstration of competency at regular intervals. Additionally, the exemption is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include an exemption from certain take-off minima for aeroplanes operated by Virgin Blue Airlines Pty Ltd (Virgin) within Australian territory. This exemption is detailed in subregulation 308(1) of CAR 1988, which allows the Civil Aviation Safety Authority (CASA) to exempt specific aircraft operations from certain regulatory provisions. The exemption pertains to subregulations 257(3) and (4), which establish the meteorological minima for landing or take-off at an aerodrome and make it an offence to take-off or land if the visibility is below the determined minima. Under this exemption, Virgin can conduct take-offs with a minimum runway visibility of 300 metres, which is lower than the standard 500 metres.
The exemption imposes several obligations on Virgin to ensure the safety of air navigation. Firstly, the exemption is subject to conditions, which include ensuring that low visibility take-offs are only conducted when related air traffic control procedures are in place. Virgin must also ensure that the requirements of its operations manual for these procedures are followed. Furthermore, pilots must complete approved low visibility take-off simulator training and demonstrate competency at regular intervals through the operator's recurring training program. At least once a year, pilots must demonstrate competency in adverse low visibility conditions to a Check Pilot. Additionally, 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.
Failure to comply with the conditions of this exemption can result in civil and criminal consequences. Under subregulations 257(3) and (4) of CAR 1988, it is an offence for an aircraft to take-off or land if the meteorological minima are not met, with penalties that may include fines and imprisonment. The exemption itself is a disallowable instrument under the Legislative Instruments Act 2003 (LIA), which means it is subject to tabling and disallowance in the Parliament. Although consultation under section 17 of the LIA was not undertaken in this case, the exemption is considered to be consistent with existing practice and not prejudicial to the interests of safety. The instrument comes into effect on 1 August 2005 and will be registered on the Federal Register of Legislative Instruments, but it will cease to have effect at the end of July 2007.