Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from take-off minima inside 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 subregulation 257 (3) 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. Subregulation 257 (3) makes it an offence for an aircraft to take off 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 146/08 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 Eastern Australia Airlines Pty Limited (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 EX30/2005 which expires at the end of June 2008. 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 senior 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
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument renews a previous instrument CASA EX30/2005 which ceases to have effect at the end of June 2008. Similar instruments have been issued to other operators who have requested it and have meet the safety conditions.
The instrument commences on 1 July 2008 and 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 EX41/08]