Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Airbus A380 runway and taxiway width
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) empowers the Governor-General may make Regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 139.020 (1) of the Civil Aviation Safety Regulations 1998 provides that CASA may, by instrument, exempt an aerodrome operator from compliance with specified standards set out in the Manual of Standards Part 139 (MOS 139). Paragraph 6.2.3.1 of MOS 139 provides that the width of a runway must not be less than that determined by using Table 6.2-1 of MOS 139. Table 6.2-1 of MOS 139 provides that a Code F aeroplane must have a minimum runway width of 60 metres.
The Airbus A380 is an International Civil Aviation Organization (ICAO) aerodrome reference code letter F aeroplane, and would normally be required to operate at aerodromes with physical characteristics that comply with code letter F standards. The Airbus A380 was certified by the European Aviation Safety Agency last year, and recently by the US Federal Aviation Administration (US FAA) to be capable of safely operating on a 45 metre wide runway.
ICAO has provided guidance material to show that existing code letter E runways can be used for Airbus A380 operations on condition that a blast proof area, at least 7.5 metres wide is provided at the edge of the runway shoulders, to prevent foreign object damage to the aeroplane.
Evidence from Airbus indicates the Airbus A380 has a similar footprint to the Boeing B747, a code letter E aeroplane, as it has similar ground manoeuvring tolerances to the Boeing B747 and is fitted with cameras to facilitate taxiing and parking. The US FAA certification exercise also found the aircraft could be safely taxied on a 23 metre wide taxiway. In this respect CASA does not believe that safety would be compromised by the operation into Sydney (Kingsford Smith) International Airport.
CASA has a project to change the current aerodrome standards MOS 139 to allow the Airbus A380 to operate on a code letter E 45 metre wide runway, together with a 7.5 metre wide blast proof area on each side of the runway shoulders, and to operate on a code letter E 23 metre wide taxiway. The instrument is an interim measure. It exempts the operator of Sydney (Kingsford Smith) International Airport and operations in Australia of the Airbus A380 type aeroplane from the requirements of specified standards set out in the MOS 139. The instrument also exempts each of the operators of Adelaide International Airport, Brisbane International Airport and Melbourne International Airport (alternate aerodromes) from specified requirements when used instead of Sydney (Kingsford Smith) International Airport for landing and take off operations of the Airbus A380.
Legislative Instruments Act
Under paragraph 5 (2) (a) of the Legislative Instruments Act 2003 (LIA), an instrument is of a legislative character if it determines the law or alters the content of the law. The MOS 139 is a legislative instrument for section 5 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 is still in progress. The instrument is an interim measure to allow scheduled operations to proceed.
The instrument commences on the day after registration, and stops having effect at the end of 30 September 2008.
The exemption has been made by the Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, in accordance with subregulation 7 (1) of the Civil Aviation Regulations 1988.
[Instrument number CASA EX45/07]
Overview
The Civil Aviation Safety Regulations 1998 were amended to address the issue of accommodating the Airbus A380, a large aircraft, at Australian airports that do not meet the required specifications for such an aircraft. Enacted by the Parliament, this amendment aims to ensure the safety of air navigation while facilitating the operation of the Airbus A380 at select Australian airports. The exemption provided under this regulation allows the operation of Airbus A380s on 45-metre wide runways, provided a 7.5-metre wide blast proof area is present on each side of the runway shoulders. Additionally, the exemption allows for the aircraft to taxi on 23-metre wide taxiways. This regulation is an interim measure until further changes are made to the Manual of Standards Part 139 to accommodate the Airbus A380 permanently.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically the exemption for the Airbus A380 regarding runway and taxiway width, applies to the operator of Sydney (Kingsford Smith) International Airport and operations in Australia of the Airbus A380 type aeroplane. This exemption also extends to the operators of Adelaide International Airport, Brisbane International Airport, and Melbourne International Airport when used as alternate aerodromes for landing and take-off operations of the Airbus A380. The exemption is an interim measure designed to allow scheduled operations of the Airbus A380 to proceed while permanent changes to the Manual of Standards Part 139 are being developed. The exemption allows these aerodromes to deviate from the specified standards that require a minimum runway width of 60 metres and a 23 metre wide taxiway for Airbus A380 operations, aligning instead with the conditions recommended by the International Civil Aviation Organization (ICAO) for code letter E runways and taxiways. The exemption is effective under the authority granted by the Civil Aviation Act 1988 and is subject to the Legislative Instruments Act 2003, meaning it is a legislative instrument subject to tabling and disallowance in Parliament. The instrument is currently under consultation and will cease to have effect at the end of 30 September 2008.
Key Provisions
The Civil Aviation Safety Regulations 1998 have been amended to provide an exemption under subregulation 139.020(1) for certain Airbus A380 operations in Australia. This exemption, as outlined in the Explanatory Statement, permits the Airbus A380 to operate at Sydney (Kingsford Smith) International Airport and other specified airports—Adelaide, Brisbane, and Melbourne—under conditions that deviate from the standard runway and taxiway width requirements set out in the Manual of Standards Part 139 (MOS 139). The exemption is effective for operations involving the Airbus A380 until the end of September 2008, providing a temporary measure to facilitate the aircraft's operation while more permanent changes to the MOS 139 are being developed.
The obligations imposed by this exemption are primarily on the operators of the specified airports. These operators must adhere to the conditions outlined in the exemption, which include ensuring that the Airbus A380 operates on a 45-metre-wide runway with a 7.5-metre wide blast-proof area on each side of the runway shoulders and a 23-metre-wide taxiway. The exemption also requires that these airports maintain records and documentation to demonstrate compliance with these conditions, ensuring that safety standards are met despite the deviations from the standard MOS 139 requirements.
Failure to comply with the conditions of this exemption could result in serious safety concerns and potential breaches of aviation regulations. While the specific penalties for non-compliance are not detailed in the explanatory statement, breaches of the Civil Aviation Safety Regulations 1998 generally carry significant penalties, including fines and potential criminal charges. The severity of these penalties reflects the critical importance of adhering to aviation safety standards, and non-compliance could lead to enforcement actions by the Civil Aviation Safety Authority (CASA). CASA has the authority to take regulatory action against non-compliant operators, which may include suspension or revocation of operational permits, further fines, or other administrative penalties. These consequences underscore the necessity for strict adherence to the conditions set out in the exemption.