CASA EX46/10 – Exemption – from standard take-off and landing minima – Jetstar

Overview

The Civil Aviation Regulations 1988 (CAR 1988) govern the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to set and enforce meteorological minima for take-off and landing under section 98 of the Civil Aviation Act 1988. The regulations typically require a minimum visibility of 500 metres for take-off and 800 metres for landing, with lower minima permissible under specific exemptions. In 2010, an exemption was granted under subregulation 308 of CAR 1988 to Jetstar Airways Pty Limited, allowing its Airbus A320 and A321 aircraft to operate under lower visibility minima than the standard set by CASA, provided certain conditions are met. These conditions include higher standards for runway lighting, stringent requirements for flight crew training and experience, aircraft maintenance, operational restrictions, and the possession of appropriate foreign approvals. This exemption was enacted to facilitate low visibility operations at Melbourne Airport, which had been approved for Category II and Category III operations, thereby enabling operations under lower visibility conditions than previously allowed. The exemption is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, and it came into effect after registration, ceasing to have effect by the end of 30 June 2012.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 (the Act) provide the framework for aviation safety in Australia, with specific regulations governing take-off and landing minima at aerodromes. The regulations empower the Civil Aviation Safety Authority (CASA) to determine these meteorological minima, which are essential for ensuring safe operations. However, the Act allows for exemptions from these standard minima under certain conditions, subject to safety considerations. The exemption in question applies specifically to Airbus A320 and A321 aeroplanes operated by Jetstar Airways Pty Limited, permitting them to operate under lower visibility conditions than the standard minima, provided certain conditions are met. These conditions include higher standards for runway lighting, stringent requirements for flight crew training and competency, specific operational restrictions, and the maintenance of aircraft equipment. The exemption is also subject to the obtaining of appropriate foreign approvals and the carrying of specified documents on board the aircraft. The exemption applies both inside and outside Australian territory, and it is effective until the end of June 2012, with the instrument coming into effect the day after it is registered.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain specific provisions that allow for exemptions from standard take-off and landing minima for certain aircraft operations. Subregulation 257(1) of the CAR 1988 grants the Civil Aviation Safety Authority (CASA) the authority to determine meteorological minima, including visibility requirements, for landing or take-off at an aerodrome. These determinations must be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM) as per subregulation 257(2). It is an offence under subregulation 257(3) for an aircraft to take off if any element of the determined meteorological minima for that operation is less than what has been specified for the aircraft at the aerodrome. Subregulation 308(1) of the CAR 1988 permits CASA to exempt aircraft, or persons associated with the operation of the aircraft, from specified provisions of the CAR 1988. This exemption must be made with due consideration of safety as outlined in subregulation 308(2), and may be subject to conditions necessary for safety as per subregulation 308(3). Any contravention of these conditions is an offence under subregulation 308(3A). In the case of Jetstar Airways Pty Limited, an exemption has been issued allowing Airbus A320 and A321 aeroplanes to operate under lower visibility minima for take-offs and Category II landings, provided certain conditions are met, such as higher standards of runway lighting and specific operational restrictions. The obligations imposed on Jetstar under this exemption include ensuring that visibility standards are met, adhering to stringent flight crew training and experience requirements, maintaining aircraft equipment, observing operational limitations, obtaining appropriate foreign approvals, and carrying necessary documents on board the aircraft. These obligations are designed to ensure that the operations conducted under the exemption do not compromise safety. In the event of a breach of the exemption conditions, Jetstar could face civil or criminal penalties. The maximum penalties for contravening the conditions of an exemption or the meteorological minima are not explicitly stated in the provided text but are generally severe under aviation safety regulations. Non-compliance could result in fines, operational restrictions, or even the revocation of the exemption, thereby impacting the airline's ability to conduct low visibility operations. The exemption is subject to disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA) as it is considered a disallowable instrument.