CASA EX42/13 - Exemption - from standard take-off and landing minima - Jetconnect Limited

Overview

The Civil Aviation Safety Regulations 1998, amended by F2013L00653, addresses the need for exemptions from standard take-off and landing minima for Jetconnect Limited, a New Zealand-based airline, to enable low visibility operations (LVO) in Australia. Enacted under the authority of the Civil Aviation Act 1988, the regulation empowers the Governor-General to establish safety standards for air navigation. The exemption specifically allows Jetconnect to operate under lower visibility conditions than those set by the Civil Aviation Safety Authority (CASA) for standard operations, provided certain conditions are met, such as higher standards of runway lighting. This exemption is essential for Jetconnect to conduct LVO in Australia without causing delays due to adverse weather conditions. The regulation also ensures that the exemption is compatible with human rights, as outlined in the Statement of Compatibility with Human Rights. The exemption is subject to CASA's conditions to ensure the safety of air navigation and will cease to have effect by the end of 31 March 2016.

Scope and Application

The Civil Aviation Safety Regulations 1998 provide for the safety of air navigation in Australia, including the determination of meteorological minima for take-off and landing. Under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the power to grant exemptions from these regulations, including from the standard take-off and landing minima, to ensure the safety of air navigation. The exemption in question applies to Jetconnect Limited, a New Zealand-based airline, allowing it to conduct low visibility operations in Australia with reduced visibility minima. This exemption applies to a specific class of aircraft employed by Jetconnect and is subject to conditions that CASA imposes to ensure safety. These conditions include the requirement for higher standards of runway lighting and the use of properly equipped aerodromes. The exemption is a legislative instrument subject to tabling and disallowance in the Parliament, and it is required to enable low visibility take-offs and landings in Australia consistent with the standards and requirements specified in the exemption. The exemption is compatible with human rights as it does not engage any of the applicable rights or freedoms. The exemption applies to Jetconnect Limited, a New Zealand-based airline, and allows it to conduct low visibility operations in Australia with reduced visibility minima. The exemption applies to a specific class of aircraft employed by Jetconnect and is subject to conditions imposed by CASA in the interest of safety. These conditions include the requirement for higher standards of runway lighting and the use of properly equipped aerodromes. The exemption is a legislative instrument subject to tabling and disallowance in the Parliament, and it is required to enable low visibility take-offs and landings in Australia consistent with the standards and requirements specified in the exemption. The exemption is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) in this context are subregulations 11.160 and 11.205. Under subregulation 11.160(1), the Civil Aviation Safety Authority (CASA) is empowered to grant an exemption from a provision of the regulations or the Civil Aviation Orders (CAOs) for a specified matter, as outlined in subsection 98(5A) of the Civil Aviation Act 1988 (the Act). This exemption allows Jetconnect Limited, an Auckland-based operator, to conduct low visibility operations (LVO) in Australia with lower visibility minima than those typically required. Subregulation 11.205(1) permits CASA to impose conditions on any exemption if necessary for the safety of air navigation. The exemption for Jetconnect Limited specifies these lower visibility minima and the conditions under which these minima can be used, such as higher standards of runway lighting. The Act imposes specific obligations on Jetconnect Limited to ensure compliance with the conditions of the exemption. This includes adhering to the specified visibility standards for take-offs and landings, as well as ensuring that these operations are conducted only at aerodromes equipped to support LVO. The exemption also requires Jetconnect to maintain the necessary equipment and training standards for their flight crew, ensuring that they are capable of operating under the lower visibility conditions permitted by the exemption. Additionally, the exemption must be published on the internet as mandated by regulation 11.225 of CASR 1998, ensuring transparency and accessibility for all relevant parties. Violation of the conditions specified in the exemption can result in significant penalties. Under subregulations 257(3) and (4) of the Civil Aviation Regulations 1988 (CAR 1998), it is 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. This offence carries potential criminal penalties, which can include fines and imprisonment, depending on the severity of the breach. Furthermore, CASA may impose additional penalties or take enforcement actions against Jetconnect Limited if they fail to comply with the conditions of the exemption, ensuring that safety standards are consistently upheld. The exemption granted to Jetconnect Limited is also subject to the Legislative Instruments Act 2003 (LIA), which governs the creation and operation of legislative instruments. The exemption is considered a legislative instrument because it applies to a class of aircraft employed by the operator. This means that the exemption must be tabled and subject to disallowance in the Parliament, as outlined in sections 38 and 42 of the LIA. Additionally, the exemption has a defined commencement date and will cease to have effect at the end of 31 March 2016, unless otherwise renewed. This temporal limitation ensures that the exemption remains current and relevant, subject to regular review and potential renewal based on ongoing safety assessments.