Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from take-off and landing minima outside Australian territory
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for 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) of CAR 1988 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. Standard meteorological minima were determined in instrument CASA 146/08 and are set out in AIP En Route 1.5, section 4. 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.
The exemption from these minima applies to B747-400, B747-300, B767 and B737 type aircraft operated by Qantas Airways Limited (the operator), in take-off and landing operations outside Australian territory at aerodromes where air traffic control has advised that low visibility procedures are in use.
The instrument replaces CASA EX46/07 which was to expire at the end of July 2008. The exemption enables the aircraft to participate in Category II and Category III precision approaches and landings and in reduced visibility take-offs. A Category II operation is defined in Annex 6 to the Chicago Convention as a precision instrument approach and landing with a decision height lower than 60 metres (200 feet), but not lower than 30 metres (100 feet), and a runway visual range not less than 350 metres.
Category III is subdivided into Category IIIA, Category IIIB and Category IIIC (Category IIIC operations will not be carried out under this exemption). A Category IIIA operation is a precision instrument approach and landing with a decision height lower than 30 metres (100 feet) or no decision height, and a runway visual range not less than 200 metres.
A Category IIIB operation is a precision instrument approach and landing with a decision height lower than 15 metres (50 feet) or no decision height, and a runway visual range less than 200 metres but not less than 50 metres.
Category II and Category III operations are to minima lower than the standard minima determined by CASA under subregulation 257 (1) of CAR 1988. However, they are the internationally accepted standards for low visibility landings and the exemption permits them to be used subject to conditions. For example, the aircraft must use the minima mentioned in Schedule 1 that are applicable to the type of operation or procedure in which the aircraft is engaged.
The operator must ensure that members of the flight crew have successfully completed low visibility operations training as set out in Schedule 2 as well as meeting the prescribed recency and experience requirements.
Where the requirements of the State of the aerodrome are more restrictive than those in the exemption, the more restrictive requirements must be observed.
There have been some changes from the previous exemption. Clause 5 of Schedule 1 no longer has the prohibition on B737-400 aircraft carrying out Category II landings that was contained in subclause (3) of the replaced instrument. Instead, they are now subject, as B737 aircraft, to subclause (2), which only prohibits Category III landings. In Clause 4 of Schedule 2, the required experience for a pilot in command is reduced both in relation to the number of hours experience required on the aircraft type and the number of autolands that he or she is required to have carried out. It is considered that the number of hours experience can include hours as pilot in command while undergoing training, dual flying while in the left hand pilot seat. The number of autolands required has been reduced from 4 to 2 because of the simulator training that pilots undertake. An autoland is a precision instrument approach performed to touchdown and roll-out by the aircraft autopilot, which receives position information and steering commands from onboard navigation equipment.
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 a renewal of an instrument issued to the operator to enable low visibility take-offs and landings outside Australian territory consistent with international standards. A similar instrument would be issued to any appropriate operator who requested it and could meet the safety conditions.
The instrument commences on the day after it is registered. It stops having effect at the end of June 2011.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX39/08]