CASA EX39/06 - Exemption - from take-off minima inside and outside Australian territory

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of air navigation and to provide a regulatory framework governing civil aviation in Australia. Specifically, the regulations address operational standards, including meteorological minima for take-offs and landings at aerodromes. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, ensuring these regulations adhere to safety standards. The Civil Aviation Safety Authority (CASA) has the authority under subregulation 257 to determine meteorological minima for take-offs and landings, which must be published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMS). The policy objective of this regulation is to maintain a high standard of safety in civil aviation operations by setting and enforcing minimum visibility requirements. An exemption to these minima can be granted by CASA under subregulation 308, provided it considers the interests of safety and may impose conditions to ensure continued safety during operations. This exemption specifically pertains to Boeing 737 aeroplanes operated by Express Freighters Australia Pty Limited, allowing them to take off in conditions of lower visibility, subject to stringent conditions designed to mitigate risks associated with such operations.

Scope and Application

The instrument pertains to an exemption under subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988) from the minimum visibility requirements set forth in instrument CASA 477/03 for take-offs at aerodromes, specifically for Boeing 737 aeroplanes operated by Express Freighters Australia Pty Limited. This exemption applies both within and outside Australian territory and allows for a reduced minimum visibility of 300 metres under certain conditions. The exemption is subject to stringent safety requirements, including 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. Pilots must also demonstrate competency in low visibility operations annually. The exemption is further conditioned by specific runway visibility standards based on the quality and extent of runway lighting and markings, and it mandates that the higher safety standards of either the instrument or the State of the aerodrome must be adhered to when operating outside Australian territory. This instrument is declared a disallowable instrument under the Legislative Instruments Act 2003 and thus subject to tabling and disallowance in Parliament. The exemption is authorised by the Deputy Chief Executive and Chief Operating Officer of CASA and comes into effect post-registration, expiring on 31 July 2008.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) have been amended through an instrument that exempts certain Boeing 737 aeroplanes operated by Express Freighters Australia Pty Limited from the usual take-off visibility requirements (subregulation 257(3) CAR 1988). This exemption allows these aircraft to take off in conditions of lower visibility, specifically reducing the minimum runway visibility to 300 metres, both within and outside Australian territory (subregulation 308(1) CAR 1988). The exemption is made under the authority of the Civil Aviation Act 1988 (the Act), which empowers the Governor-General to make regulations for air navigation safety (section 98 of the Act). To ensure the exemption does not compromise safety, it is subject to several stringent conditions. These include the implementation of specific air traffic control procedures when conducting low visibility take-offs (subregulation 308(2) CAR 1988). The operator must adhere to the requirements outlined in their operations manual, which must be kept up-to-date with the exemption details. Pilots must complete approved low visibility take-off simulator training and demonstrate competency in such operations annually (subregulation 308(3) CAR 1988). Additionally, the aircraft must not take off from runways that necessitate complex turning manoeuvres shortly after take-off when visibility is below 500 metres. Furthermore, when operating outside Australian territory, the aircraft must comply with the more stringent safety requirements of the respective state's regulations if they are more restrictive than those stipulated in the exemption. Failure to comply with the provisions of the exemption or the general safety requirements of CAR 1988 can result in serious consequences. The Act stipulates that it is an offence for an aircraft to take off if any of the meteorological minima are not met (subregulation 257(3) CAR 1988). Penalties for such breaches can include fines and imprisonment, though the specific maximum penalties are not detailed in the provided text. The exemption itself is a legislative instrument and is subject to disallowance by Parliament as per the Legislative Instruments Act 2003. This means that the exemption must be tabled in Parliament and can be disallowed if found not to be in the interests of safety (subsection 6(d)(i) of the LIA). The exemption is effective from the day after it is registered and will cease to have effect by 31 July 2008.