Explanatory Statement
Civil Aviation Regulations 1988
Exemption — take-off with residual traces of frost and ice
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 paragraph 244 (1) (c) of the Civil Aviation Regulations 1988 (CAR 1988), immediately before taking off the pilot in command of an aircraft must ensure that all external surfaces of the aircraft are “completely free from frost and ice”.
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 any condition specified in the exemption as being necessary in the interests of safety.
Instrument
Having taken into account all relevant safety considerations, CASA is satisfied that larger aircraft engaged in regular public transport (RPT) operations may safely take off with residual traces of snow, frost and ice, provided the pilot in command complies with certain safety procedures. The exemption, therefore, permits an aircraft with a maximum take-off weight of more than 5 700 kg that is engaged in RPT operations to take off with residual traces of snow, frost and ice subject to safety conditions.
Conditions
Under these conditions, before taking off, the pilot in command must ensure that appropriate de-icing and anti-icing procedures, in accordance with the aircraft flight manual or the manufacturer’s instructions and data, have been used to remove all but residual snow, frost and ice from the aircraft. To ensure that there has been no subsequent build-up of snow, frost or ice, immediately before taking off, he or she must also be satisfied that any residual snow, frost or ice will not affect the performance of the aircraft or any of its equipment or instruments.
Legislative Instruments Act
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. Under subregulation 308 (4) of CAR 1988, an exemption is a disallowable instrument. 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 remakes instrument CASA EX20/06 which had similar scope and effects and which expires at the end of June 2009.
The instrument commences on 1 July 2009. It stops having effect at the end of 30 June 2011.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX50/09]