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 in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that 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. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
This exemption is from compliance with subregulation 257 (3) of CAR 1988 as follows. Subregulation 257 (1) provides that CASA may determine the meteorological minima, that is the visibility requirements, for landing or take-off at an aerodrome. Subregulation 257 (2) provides that the determination must be published in AIP or NOTAMS.
Subregulation 257 (3) of CAR 1988 makes it an offence for an aircraft to take off if an element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome.
Standard meteorological minima were determined in CASA 146/08 and are set out in AIP En Route 1.5, section 4. 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.
The exemption from this minima applies to aeroplanes operated by Qantas Airways Limited (the operator) in take-off operations inside Australian territory at aerodromes where the minimum runway visibility is reduced to 300 metres.
Conditions
To ensure the safety of air navigation, the exemption is subject to conditions.
For example, low visibility take-offs may only be conducted when related air traffic control procedures are in place. The requirements of the operator’s operations manual for the procedure must be followed. Minimum runway visibility conditions are prescribed which depend on the quality and extent of runway edge and centreline lighting or markings. Each pilot must have completed approved low visibility take-off simulator training. He or she must also demonstrate competency at regular intervals in the operator’s own recurring training program. At least once a year, competency in adverse low visibility conditions must be demonstrated to a senior check pilot. 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.
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 renews a previous instrument CASA EX29/05 which stops having effect at the end of July 2008. A similar instrument would be issued to any appropriate operator who requested it and could meet its safety conditions.
The instrument commences on 1 August 2008 and stops having effect at the end of July 2010.
The exemption has been made by a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX50/08]
Overview
The Civil Aviation Regulations 1988, as amended by the legislation F2008L02608, introduces an exemption to the standard meteorological minima for take-off operations within Australian territory, specifically tailored for aeroplanes operated by Qantas Airways Limited. This exemption was enacted to address the operational needs of Qantas in conducting take-off operations under conditions of reduced visibility at certain aerodromes, thereby enhancing operational flexibility while maintaining the paramount safety of air navigation. Enacted under the authority of the Civil Aviation Act 1988, the policy objective of this legislation is to allow for such exemptions subject to stringent safety conditions, ensuring that any potential risks are mitigated through comprehensive regulatory oversight and pilot training. The exemption, subject to disallowance and tabling requirements under the Legislative Instruments Act 2003, renews a previous exemption and will be effective from 1 August 2008 until the end of July 2010.
Scope and Application
This exemption under the Civil Aviation Regulations 1988 applies to aeroplanes operated by Qantas Airways Limited during take-off operations within Australian territory at aerodromes where the minimum runway visibility is reduced to 300 metres. This exemption is made under the authority granted by section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act in the interests of the safety of air navigation. The exemption from the specified meteorological minima for take-off is subject to stringent conditions designed to maintain safety standards, including adherence to air traffic control procedures, specific training requirements for pilots, and limitations on runway usage based on visibility and lighting conditions. The exemption is also subject to disallowance in Parliament under the Legislative Instruments Act 2003, although no consultation has been undertaken for this specific exemption, which renews a previous exemption issued by CASA. The exemption is effective from 1 August 2008 until the end of July 2010, and Qantas Airways Limited must comply with all outlined conditions to benefit from this exemption.
Key Provisions
The main operative sections of this legislation pertain to exemptions from specific take-off minima inside Australian territory for aeroplanes operated by Qantas Airways Limited. Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act in the interests of safety. Subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with the operation of the aircraft from compliance with specified provisions of CAR 1988, provided that such exemption is subject to any conditions necessary for safety. The exemption specifically applies to Qantas Airways Limited for take-off operations inside Australian territory at aerodromes where the minimum runway visibility is reduced to 300 metres, as opposed to the standard 500 metres.
The Act imposes several obligations and requirements on the parties it governs. CASA must consider relevant safety considerations before granting an exemption. Additionally, the exemption is conditional, and Qantas Airways Limited must adhere to stringent conditions to ensure the safety of air navigation. These conditions include the implementation of related air traffic control procedures, following the requirements of the operator’s operations manual, and meeting minimum runway visibility conditions based on the quality and extent of runway edge and centreline lighting or markings. Each pilot must complete approved low visibility take-off simulator training and demonstrate competency at regular intervals in the operator’s training program. Competency in adverse low visibility conditions must be demonstrated to a senior check pilot at least once a year. Furthermore, aeroplanes must not take off from runways that require particular turning manoeuvres soon after take-off if visibility is less than 500 metres.
The legislation outlines specific offences, penalties, or civil/criminal consequences for breach. Subregulation 257(3) of CAR 1988 makes it an offence for an aircraft to take off if an element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome. 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 (LIA). If the exemption is not properly implemented or if the conditions are not met, it could result in legal consequences, including potential penalties for non-compliance with aviation safety regulations. The exemption instrument is subject to disallowance by Parliament if not properly tabled, which could render the exemption void.