CASA EX41/10 – Exemption – from standard take-off and landing minima – United Airlines

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Legislation au F2010L01301 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Exemption — from standard take-off and landing minima – United Airlines

 

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

 

Legislation

Under subregulation 257 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may determine the meteorological minima, that is the visibility requirements, for landing or take-off at an aerodrome. Under subregulation 257 (2), the determination must be published in AIP or NOTAMS. Under subregulation 257 (3), it is 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.

 

The determination of standard meteorological minima for take-off and landing was made in instrument CASA 146/08. The minima are also set out in AIP En Route 1.5, sections 4.3 and 4.4. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 500 metres (proposed to become 550 metres). If conditions are met, the minimum visibility for landing inside or outside Australian territory is 800 metres, or 550 metres RVR. An exemption would be required to operate with lower minimum visibility (low visibility operations or LVO).

 

Under subregulation 308 (1) of CAR 1988, 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. Under subregulation 308 (2), before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Under subregulation 308 (3), CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety. Under subregulation 308 (3A), it is an offence to contravene a condition of an exemption that is otherwise being relied upon for an operation.

 

The exemption has been issued for United Airlines Inc. (United) for the conduct of LVO in Australia. Following the approval of Melbourne airport for Category II and Category III operations, which enables operations to be conducted to lower minima than was previously permitted under those exemptions, a review of the rules governing low visibility operations was conducted. The exemption states the minima for the various aeroplanes, as well as the conditions for their use. For instance, the use of the lower minima will require a higher standard of runway lighting (see clause 8 in Schedule 2).

 

In essence, the operator must ensure that specified visibility standards are met for take-offs and landings. These may be performed only at aerodromes properly equipped to support the LVO conducted under the exemption. United must also conduct its operations in accordance with the approval to conduct LVO issued by the Federal Aviation Administration of the United States of America.

 

Legislative Instruments Act

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. Under subregulation 308 (4) of CAR 1988, an exemption is a disallowable instrument. 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 required by United to enable low visibility take-offs and CAT II and CAT III landings inside Australia consistent with the standards and requirements specified in the instrument which are not considered prejudicial to the interests of safety.

 

Office of Best Practice Regulation

The exemption would be of beneficial effect to the operator. The Office of Best Practice Regulation does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that it will have only a nil to low impact on business.

 

Making and commencement

The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

The instrument comes into effect on the day after it is registered. It stops having effect at the end of 31 May 2012.

 

[Instrument number CASA EX41/10]

Overview

The Civil Aviation Regulations 1988 were enacted to provide a comprehensive framework for ensuring the safety of air navigation within Australia, addressing the need for stringent regulatory standards in civil aviation. The problem or gap this legislation aimed to address included the need for standardised meteorological minima for take-off and landing operations, to ensure the safety of air navigation. Enacted by the Parliament of Australia, the Civil Aviation Act 1988 serves as the foundational statute that empowers the Civil Aviation Safety Authority (CASA) to implement and enforce these regulations. The policy objective underpinning this legislation is to maintain the highest possible safety standards in air navigation, balancing operational efficiency with stringent safety requirements.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 (the Act) govern the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to determine meteorological minima for aircraft take-off and landing at aerodromes. The exemption in question applies specifically to United Airlines Inc., permitting the airline to conduct low visibility operations (LVO) within Australia, subject to certain conditions that ensure safety. The exemption specifies the meteorological minima for take-off and landing, requiring adherence to standards such as higher runway lighting, and mandates that operations comply with the approval issued by the Federal Aviation Administration of the United States of America. This exemption applies nationally across Australia and is subject to disallowance in the Parliament as per the Legislative Instruments Act 2003. While the exemption is a legislative instrument, it does not require tabling and disallowance due to its specific nature and minimal impact on business, as assessed by the Office of Best Practice Regulation.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) allow the Civil Aviation Safety Authority (CASA) to determine meteorological minima, such as visibility requirements, for take-off and landing at an aerodrome (subregulation 257(1)). These minima must be published in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAMS) (subregulation 257(2)). It is an offence for an aircraft to take off if the meteorological conditions fall below the specified minima (subregulation 257(3)). CASA has set the standard visibility minima for take-off at 500 metres, proposed to be increased to 550 metres, and for landing at 800 metres or 550 metres RVR (Instrument CASA 146/08, AIP En Route 1.5, sections 4.3 and 4.4). An exemption is required for operations below these minima. Under subregulation 308(1) of CAR 1988, CASA can exempt aircraft or persons associated with the operation of the aircraft from certain provisions of CAR 1988. This exemption must consider safety interests and can include conditions necessary for safety (subregulation 308(2) and (3)). Contravening a condition of an exemption is an offence (subregulation 308(3A)). The exemption for United Airlines Inc. allows for low visibility operations (LVO) in Australia, subject to specified visibility standards and operational conditions, including the use of higher standards of runway lighting (Schedule 2, clause 8). United must conduct its operations in accordance with the approval issued by the Federal Aviation Administration of the United States of America. The exemption for United Airlines is a disallowable instrument under the Legislative Instruments Act 2003 (LIA) (subparagraph 6(d)(i)) and is subject to tabling and disallowance in Parliament (sections 38 and 42 of the LIA). Although required by United to enable low visibility operations consistent with specified standards and requirements, consultation under section 17 of the LIA was not undertaken. The Office of Best Practice Regulation deemed the exemption to have a nil to low impact on business, thus no Regulation Impact Statement was necessary. The exemption was made by the Director of Aviation Safety on behalf of CASA in accordance with subsection 73(2) of the Civil Aviation Act 1988 and comes into effect on the day after registration, expiring at the end of 31 May 2012.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.