CASA EX47/11 – Exemption – from standard take-off and landing minima – V Australia

Overview

The Civil Aviation Regulations 1988, amended through the instrument F2011L00654, provide an exemption for V Australia from the standard take-off and landing minima. Enacted under the authority of Section 98 of the Civil Aviation Act 1988, the instrument was developed to address the need for specific exemptions that allow for low visibility operations, which are essential for certain airline operations. The exemption is managed by the Civil Aviation Safety Authority (CASA) and is designed to ensure that any such operations do not compromise the safety of air navigation. The exemption allows V Australia to operate under visibility conditions that are below the standard minima set forth in the Civil Aviation Regulations, provided that stringent conditions and limitations are met to ensure safety. This includes adherence to specified visibility standards, compliance with training and experience requirements for flight crew, maintenance of aircraft equipment, and obtaining necessary foreign approvals. The instrument is subject to tabling and disallowance in Parliament and is effective from 1 May 2011 to 30 April 2013.

Scope and Application

The instrument CASA EX47/11 pertains to an exemption under the Civil Aviation Regulations 1988 (CAR 1988) from the standard take-off and landing minima for V Australia, a trading name of Virgin Blue International Airlines Pty Ltd. The exemption is aimed at allowing the operator to conduct low visibility take-offs and landings, both within and outside Australian territory, provided certain safety conditions are met. The instrument applies to the aircraft operated by V Australia, as well as to the pilots and other personnel associated with the operation of the aircraft. The exemption is limited geographically to operations inside and outside Australian territory, but it is subject to stringent performance conditions and limitations to ensure the safety of air navigation. These conditions include the requirement that the aircraft must be operated only at aerodromes equipped to support category II operations, and that flight crew must meet specific training, experience, and competency benchmarks. Additionally, the aircraft must be properly equipped and maintained, and operational restrictions and limitations must be observed. Appropriate foreign approvals must also be obtained, and a range of documents must be carried on board for inspection. The exemption is subject to disallowance under the Legislative Instruments Act 2003 and comes into effect on 1 May 2011, expiring on 30 April 2013. Notably, the Office of Best Practice Regulation did not require a Regulation Impact Statement for this exemption, indicating a minimal impact on business compliance costs.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under subregulation 257 (1) provide that CASA can determine the meteorological minima for landing or take-off at an aerodrome. These minima must be published in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAMS) (subregulation 257 (2)). Under subregulation 257 (3) and (4), it is an offence for an aircraft to take off or land if any element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome. The standard meteorological minima for take-off and landing were set in instrument CASA 237/10 and are also outlined in AIP En Route 1.5, section 4. The minimum visibility for take-off, if conditions are met, is 500 metres, while for landing, it is 800 metres or 550 metres runway visual range. An exemption is required to operate in lesser minimum visibility. Under subregulation 308 (1) of CAR 1988, CASA can exempt aircraft or persons involved in the operation of the aircraft from complying with specific provisions of the CAR 1988. This exemption must be made with consideration of safety interests (subregulation 308 (2)), and may be subject to conditions deemed necessary in the interests of safety (subregulation 308 (3)). Contravening a condition of an exemption that is being relied upon for an operation is an offence (subregulation 308 (3A)). The instrument exempts aircraft operated by V Australia from the minimum visibility requirements of instrument CASA 237/10. This exemption is subject to a series of conditions and limitations to ensure the safety of air navigation, including specified visibility standards for take-offs and landings, performance benchmarks for flight crew training, experience, recency, and competency, maintenance of aircraft equipment, operational restrictions and limitations, appropriate foreign approvals for the operations, and a range of documents for inspection on board the aircraft. The exemption is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). It has not undergone consultation under section 17 of the LIA as it is not considered prejudicial to the interests of safety. The Office of Best Practice Regulation did not require a Regulation Impact Statement for this instrument, as it was assessed to have a nil to low impact on business. The exemption was made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Civil Aviation Act 1988. The exemption came into effect on 1 May 2011 and will cease to have effect at the end of 30 April 2013.