Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from take-off minima inside Australian territory
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 257 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may determine the meteorological minima, that is, the visibility requirements, for landing or take-off at an aerodrome. Under subregulation 257 (2), the determination must be published in AIP or NOTAMS. Under subregulation 257 (3), it is an offence for an aircraft to take off if an element of the meteorological minima for the operation is less than that determined for the aircraft at the aerodrome.
Standard meteorological take-off minima were determined in instrument CASA 146/08 and published in AIP En Route 1.5, section 4.3. 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.
Under subregulation 308 (1) of CAR 1988, 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. Under subregulation 308 (2), before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Under subregulation 308 (3), CASA may make an exemption subject to safety conditions.
Instrument
The instrument is an exemption from the standard minima. It applies to specified aeroplanes (the aircraft) operated by Emirates of Dubai, United Arab Emirates (the operator) in take-off operations at Sydney International Airport and Melbourne International Airport. Therefore, where the exemption is used, the minimum runway visibility for take-off may be reduced to 350 metres.
Conditions
There are, however, several safety conditions. For example, low visibility take-offs (LVTO) may not be conducted if the minimum visibility is below 350 metres, measured in accordance with the requirements of the instrument. LVTO may only be conducted when related Air Traffic Control services and procedures are operating. Minimum runway visibility conditions are prescribed which depend on the quality and extent of runway edge and centreline lighting or markings. 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.
The operator must continue to have the approval of the General Civil Aviation Authority of the United Arab Emirates (GCAA UAE) for the conduct of low visibility operations at least down to the limit prescribed in the instrument (350 metres — the operator is currently approved by the GCAA UAE down to 125 metres). The operator’s operations manual must contain detailed briefing material on LVTO at each airport, not inconsistent with the instrument, and this material must be observed during operations. A copy of the instrument itself must be kept in the appropriate part of the operations manual.
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 at Melbourne and Sydney International airports. These take-offs would be consistent with existing practice which is not considered prejudicial to the interests of safety. Similar instruments have been issued to other operators.
The instrument replaces CASA EX35/08 which expired at the end of May 2009.
The instrument commences on the day after it is registered and stops having effect at the end of 31 May 2011.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX47/09]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulations for the safety of air navigation within Australia. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act and the safety of air navigation. Specifically, the problem or gap that this regulation was introduced to address is the need for an exemption from standard meteorological minima for take-off inside Australian territory, particularly for Emirates of Dubai, United Arab Emirates, operating at Sydney International Airport and Melbourne International Airport. The policy objective is to ensure the interests of safety are maintained while providing flexibility to operators under strict safety conditions. This exemption allows for a reduced minimum visibility for take-off of 350 metres, subject to several conditions including compliance with related Air Traffic Control services and procedures, visibility conditions based on runway lighting and markings, and the maintenance of necessary approvals and operational materials.
Scope and Application
The instrument in question, F2009L02374, pertains to an exemption from the standard take-off minima inside Australian territory, specifically targeting specified aeroplanes operated by Emirates of Dubai in take-off operations at Sydney International Airport and Melbourne International Airport. This exemption, granted under subregulation 308(1) of the Civil Aviation Regulations 1988, allows the minimum runway visibility for take-off to be reduced to 350 metres, provided certain safety conditions are met. The exemption applies to the operator and the aircraft, ensuring that low visibility take-offs (LVTO) are conducted safely and only under prescribed conditions. The exemption is subject to the operator maintaining approval from the General Civil Aviation Authority of the United Arab Emirates for conducting low visibility operations down to at least 350 metres, and it mandates that detailed briefing material on LVTO be included in the operator’s operations manual. The exemption is a legislative instrument and, as such, is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The instrument is effective from the day after its registration and will cease to have effect at the end of 31 May 2011.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) under section 308(1) allow the Civil Aviation Safety Authority (CASA) to exempt specified aeroplanes operated by Emirates of Dubai from standard meteorological take-off minima when operating at Sydney International Airport and Melbourne International Airport. This means that instead of the usual minimum visibility requirement of 500 metres, these aeroplanes can take off when the visibility is as low as 350 metres, provided certain conditions are met. This exemption is detailed in the instrument CASA EX47/09.
For the exemption to apply, the operator must adhere to several safety conditions. For example, low visibility take-offs (LVTO) can only occur if the visibility is at least 350 metres and must be conducted under operational Air Traffic Control services and procedures. The aeroplanes must also have the necessary approval from the General Civil Aviation Authority of the United Arab Emirates (GCAA UAE) for low visibility operations down to 350 metres. Additionally, the operator’s operations manual must include detailed briefing material on LVTO at each airport, and this material must be observed during operations. The manual must also contain a copy of the exemption instrument itself.
Failure to comply with the conditions of this exemption can result in civil or criminal consequences. According to subregulation 257(3) of CAR 1988, it is an offence for an aircraft to take off if the meteorological minima are not met as specified. The maximum penalties for such offences can include substantial fines and potential imprisonment, depending on the severity of the breach and the discretion of the court.
Furthermore, the exemption is a legislative instrument under the Legislative Instruments Act 2003 (LIA) and is subject to tabling and disallowance in the Parliament. Although consultation under section 17 of the LIA was not undertaken in this instance, the exemption is considered consistent with existing practices and safety standards. This instrument replaces CASA EX35/08, which expired at the end of May 2009, and will cease to have effect at the end of 31 May 2011 unless otherwise extended or replaced.