Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from take-off minima inside and 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. 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 instrument 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 Virgin Blue Airlines Pty Limited (the operator) in take-off operations inside and outside Australian territory at aerodromes where the minimum runway visibility is reduced to 300 metres.
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
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 and outside 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 commences on 1 June 2009 and stops having effect at the end of May 2011.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX42/09]
Overview
The Civil Aviation Regulations 1988, amended by F2009L02060, address the need for specific exemptions from certain take-off minima for aeroplanes operated by Virgin Blue Airlines Pty Limited, both within and outside Australian territory. Enacted under the authority of the Civil Aviation Act 1988, the exemption was issued by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. This exemption allows Virgin Blue Airlines to conduct take-offs in conditions of reduced visibility, down to 300 metres, at specified aerodromes, provided stringent safety conditions are met. These include adherence to established air traffic control procedures, completion of approved low visibility take-off simulator training, and regular demonstration of competency by pilots. The exemption is also subject to conditions such as the quality and extent of runway lighting and markings, and is subject to disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption is effective from 1 June 2009 until the end of May 2011.
Scope and Application
The exemption under F2009L02060 allows aeroplanes operated by Virgin Blue Airlines Pty Limited to take off with a minimum runway visibility of 300 metres, both inside and outside Australian territory, where the standard requirement is 500 metres. This exemption applies to the specific entity of Virgin Blue Airlines and its aircraft, extending to take-off operations at aerodromes that meet certain conditions. These conditions include adherence to air traffic control procedures, compliance with the operator's operations manual, and pilots meeting specific training and competency requirements. The exemption is subject to rigorous safety considerations, ensuring that the operations do not compromise air navigation safety. The exemption is a legislative instrument subject to disallowance under the Legislative Instruments Act 2003, and it is valid from 1 June 2009 until the end of May 2011. The instrument was made by a delegate of CASA under subregulation 7(1) of the Civil Aviation Regulations 1988.
Key Provisions
The key provisions of this legislation, found in section 98 of the Civil Aviation Act 1988, empower the Governor-General to create regulations for the Act, specifically focusing on the safety of air navigation. Subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or associated persons from certain provisions of CAR 1988. This exemption process requires CASA to consider safety-related factors before granting any exemption, as outlined in subregulation 308(2), and permits CASA to impose conditions necessary for safety, as stated in subregulation 308(3). The exemption specifically applies to subregulations 257(3) and (4) of CAR 1988, which detail the meteorological minima for landing and take-off at aerodromes, as determined by CASA and published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMS).
The Act imposes obligations on Virgin Blue Airlines Pty Limited to ensure the safety of air navigation when taking off in low visibility conditions. This includes adhering to specific conditions, such as conducting low visibility take-offs only when certain air traffic control procedures are in place and following the requirements outlined in the operator's operations manual. Additionally, pilots must complete approved low visibility take-off simulator training, demonstrate competency in low visibility conditions at regular intervals, and pass an annual check by a check pilot. The aeroplane must also meet minimum runway visibility conditions based on the quality and extent of runway lighting and markings. Furthermore, if visibility is less than 500 metres, take-offs from runways that require specific turning manoeuvres soon after take-off are prohibited.
Breaching the conditions of this exemption could result in serious consequences. Under subregulation 308(4) of CAR 1988, the exemption is a disallowable instrument and therefore subject to the provisions of the Legislative Instruments Act 2003 (LIA). The exemption is considered a legislative instrument and must be tabled and can be disallowed in Parliament under sections 38 and 42 of the LIA. The failure to comply with the safety conditions imposed by CASA could lead to the exemption being disallowed, thereby nullifying its effect. Such non-compliance could also result in civil or criminal penalties, although specific penalties are not detailed in the provided text.