CASA EX50/09 – Exemption – take-off with residual traces of frost and ice

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were amended to allow for the exemption of larger aircraft engaged in regular public transport (RPT) operations from the requirement to take off with external surfaces completely free from frost and ice. This amendment, introduced on 1 July 2009 and set to expire on 30 June 2011, was made under the authority of Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations concerning aviation safety. The Civil Aviation Safety Authority (CASA), exercising its powers under subregulation 308(1) of CAR 1988, determined that such aircraft could safely take off with residual traces of snow, frost, and ice, provided certain safety conditions were met. This decision was based on a comprehensive assessment of safety considerations and aims to balance operational efficiency with the paramount importance of flight safety. The exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) outline safety requirements for aircraft operations, including the necessity for external surfaces to be free from frost and ice before takeoff. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations for the Act, and under paragraph 244(1)(c) of the CAR 1988, the pilot in command must ensure that all external surfaces of the aircraft are completely free from frost and ice before taking off. However, subregulation 308(1) of 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 it is in the interests of safety. CASA has made an exemption permitting larger aircraft engaged in regular public transport (RPT) operations, with a maximum take-off weight exceeding 5,700 kg, to take off with residual traces of snow, frost, and ice, subject to certain conditions. These conditions include ensuring appropriate de-icing and anti-icing procedures are used and that any residual snow, frost, or ice will not affect aircraft performance. The exemption is a legislative instrument, subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, and it has been remade to replace an expired exemption instrument.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) have been amended to allow larger aircraft engaged in regular public transport (RPT) operations to take off with residual traces of snow, frost and ice under specific conditions. This exemption is outlined in section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act and the safety of air navigation. The amendment is found in subregulation 308(1) of CAR 1988, which allows the Civil Aviation Safety Authority (CASA) to exempt aircraft from compliance with specified provisions of CAR 1988, subject to safety considerations. Under the amended regulations, aircraft with a maximum take-off weight of more than 5,700 kg that are engaged in RPT operations can take off with residual snow, frost and ice, provided the pilot in command adheres to certain safety procedures. Before taking off, the pilot must ensure that appropriate de-icing and anti-icing procedures have been followed, as outlined in the aircraft flight manual or the manufacturer’s instructions and data, to remove all but residual snow, frost and ice from the aircraft. Additionally, the pilot must be satisfied, immediately before taking off, that any residual snow, frost or ice will not affect the aircraft’s performance or any of its equipment or instruments. This ensures that the aircraft’s safety is not compromised despite the presence of residual traces of snow, frost or ice. The exemption is subject to the requirements of the Legislative Instruments Act 2003 (LIA), which mandates that legislative instruments be tabled and may be subject to disallowance in the Parliament. This particular exemption is a disallowable instrument under subparagraph 6(d)(i) of the LIA. The exemption is also subject to subregulation 308(4) of CAR 1988, which states that an exemption is a disallowable instrument. Therefore, the exemption is a legislative instrument and must be tabled and can be disallowed in the Parliament under sections 38 and 42 of the LIA. While consultation under section 17 of the LIA was not undertaken for this exemption, it should be noted that the instrument remakes CASA EX20/06, which had similar scope and effects and expired at the end of June 2009. The exemption is effective from 1 July 2009 and ceases to have effect at the end of 30 June 2011. It was made by a delegate of CASA in accordance with subregulation 7(1) of CAR 1988. Any breaches of the safety conditions outlined in the exemption may result in civil or criminal penalties, as the regulations are designed to ensure the safety of air navigation. The maximum penalties for non-compliance with the safety requirements are not specified in the text, but they would typically be severe given the potential risks to public safety associated with aviation incidents.