CASA EX45/11 – Exemption – from standard take-off and landing minima – Jetconnect Limited

Overview

The Civil Aviation Regulations 1988 were enacted to regulate civil aviation and ensure safety within the industry. The regulations were introduced to address the need for consistent and safe practices in civil aviation operations, including take-off and landing procedures. The Civil Aviation (Low Visibility Operations) Exemption (No. 1) Instrument 2011, published under the authority of the Civil Aviation Act 1988, was issued by the Civil Aviation Safety Authority (CASA) to grant an exemption to Jetconnect Limited, a New Zealand airline, allowing them to conduct low visibility operations (LVO) in Australia. The policy objective of this exemption is to ensure that the interests of safety are upheld while providing Jetconnect Limited with the flexibility to operate under specific conditions that facilitate LVO. The exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide for the regulation of civil aviation in Australia, and the exemption under consideration pertains to Jetconnect Limited, a New Zealand airline, for the conduct of low visibility operations (LVO) within Australian territory. The exemption allows Jetconnect Limited to operate with lower minimum visibility standards than those generally prescribed by the Civil Aviation Safety Authority (CASA) under instrument CASA 237/10 and the Aeronautical Information Publication (AIP). Specifically, the exemption permits Jetconnect Limited to conduct take-offs and landings at specified aerodromes with visibility minima as low as 550 metres, provided certain conditions are met, such as enhanced runway lighting standards. This exemption is granted under subregulation 308(1) of CAR 1988, which empowers CASA to exempt aircraft or associated persons from compliance with specified provisions of the CAR 1988, subject to safety considerations outlined in subregulation 308(2). The exemption is further detailed in the accompanying Schedule 2, which outlines the specific conditions and requirements for its use. The exemption applies to Jetconnect Limited as a foreign operator and requires adherence to the approval for LVO issued by the New Zealand Civil Aviation Authority. Additionally, the exemption is classified as a disallowable instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. The instrument, CASA EX45/11, came into effect on the date of its registration and ceased to have effect by the end of 31 March 2013.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under subregulation 257(1) allows the Civil Aviation Safety Authority (CASA) to set meteorological minima, specifically visibility requirements, for take-off and landing at an aerodrome. These minima must be published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMs). The regulations also outline that it is an offence to take off or land if the meteorological conditions fall below these determined minima (subregulation 257(3) and (4)). The standard minima established for take-off is 550 metres, and for landing it is 800 metres or 550 metres RVR (Runway Visual Range) under certain conditions. These minima are detailed in CASA instrument 237/10 and AIP En Route 1.5, sections 4.3 and 4.4. To operate with lower visibility than the standard minima, an exemption is required, allowing for low visibility operations (LVO). Under subregulation 308(1) of CAR 1988, CASA has the authority to exempt aircraft or persons associated with the operation of the aircraft from specified provisions of the regulations. The exemption for Jetconnect Limited, a New Zealand airline, allows them to conduct LVO in Australia, subject to certain conditions outlined in the exemption. These conditions include ensuring that specified visibility standards are met for take-offs and landings and that the operations are conducted only at aerodromes equipped to support such low visibility operations. Additionally, the operator must adhere to the approval to conduct LVO issued by the New Zealand Civil Aviation Authority. The exemption is subject to the Legislative Instruments Act 2003 (LIA), which classifies it as a disallowable instrument, meaning it must be tabled and can be disallowed by Parliament (subparagraph 6(d)(i) of the LIA). This exemption, being a legislative instrument, is subject to the processes outlined in sections 38 and 42 of the LIA. Although consultation under section 17 of the LIA was not undertaken, the exemption was deemed necessary by the operator to conduct low visibility take-offs and Category II landings within Australia, aligning with standards that are not considered prejudicial to safety. The Office of Best Practice Regulation (OBPR) concluded that the exemption would have a nil to low impact on business, thus not requiring a Regulation Impact Statement. The exemption was made by the Acting Director of Aviation Safety on behalf of CASA, in accordance with sections 73 and 82 of the Civil Aviation Act 1988. The exemption comes into effect on the day it is registered on the Federal Register of Legislative Instruments and ceases to have effect at the end of 31 March 2013. The instrument number for this exemption is CASA EX45/11.