CASA EX48/08 - Exemption - participation in land and hold short operations

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation in Australia. This particular exemption, issued under the authority of the Civil Aviation Act 1988, addresses the specific problem of accommodating Boeing 767-300 series aircraft operated by Qantas Airways Limited in land and hold short operations (LAHSO), which involve simultaneous operations on intersecting runways. The exemption allows these aircraft, previously excluded from participating in LAHSO under the Manual of Standards Part 172, to do so, provided they meet the safety standards set by the Civil Aviation Safety Authority (CASA). This exemption was introduced to balance operational efficiency with the overarching goal of maintaining an acceptable level of aviation safety. The exemption is subject to disallowance in the Parliament and is considered beneficial to the industry as it renews a previously granted exemption.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide for the regulation of civil aviation safety in Australia, and under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions from certain regulatory provisions to maintain an acceptable level of safety. This particular exemption pertains to the participation of certain aircraft in land and hold short operations (LAHSO), which involve simultaneous landing and take-off activities on different runways. Specifically, the exemption allows Boeing 767-300 series aircraft operated by Qantas Airways Limited, which were previously excluded from LAHSO participation due to their classification in performance category D, to commence such operations. CASA has determined that this exemption preserves an acceptable level of aviation safety, in line with the Civil Aviation Act 1988 and the Manual of Standards Part 172. The exemption, issued under the authority of the Civil Aviation Regulations 1988, is subject to disallowance by Parliament under the Legislative Instruments Act 2003 and is effective from 1 August 2008 until 31 July 2010.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for the safety of air navigation in Australia, with key provisions outlined in sections such as 98(1), 11.160, 11.205, and 172.065. Under these sections, the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions from compliance with specific regulations to ensure safety standards are met. For instance, subregulation 11.160(1) allows CASA to exempt individuals or classes of persons from certain regulations if deemed necessary for the safety of air navigation. Moreover, subregulation 11.205(1) empowers CASA to impose conditions on these exemptions to maintain the safety of air navigation. Additionally, under subregulation 172.065(1), Air Traffic Service (ATS) providers must adhere to specified standards, including those related to land and hold short operations (LAHSO) as outlined in the Manual of Standards Part 172 (MOS Part 172). These operations involve simultaneous landing and take-off activities on different runways. The obligations imposed by the Act on the parties and entities it governs are stringent. For example, ATS providers must ensure their services comply with the standards specified in MOS Part 172. This includes ensuring that land and hold short operations are conducted safely and efficiently. CASA's role in granting exemptions is also critical, as it must carefully assess whether the exemption preserves an acceptable level of aviation safety, as stipulated in subregulation 11.170(3) of CASR 1998. CASA must also consider the potential impact of the exemption on overall aviation safety and must impose any necessary conditions to mitigate risks. Failure to comply with the provisions of the Act and the regulations can result in serious consequences. According to the Legislative Instruments Act 2003 (LIA), the exemption issued by CASA is a legislative instrument and is subject to tabling and disallowance in Parliament, as per sections 38 and 42 of the LIA. The absence of consultation under section 17 of the LIA, although not mandatory in this case, could potentially affect the validity and acceptance of the exemption. Any breach of the regulations or conditions of the exemption could lead to civil or criminal penalties, including fines or imprisonment, depending on the severity of the breach. The specific penalties are not detailed in the explanatory statement but are typically determined by the relevant courts based on the nature and impact of the violation.