Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – Vietnam Airlines
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.
Legislation
Under subregulation 257 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may determine the meteorological minima, that is the visibility requirements, for landing or take-off at an aerodrome. Under subregulation 257 (2), the determination must be published in AIP or NOTAMS. Under subregulation 257 (3), it is 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 determination of standard meteorological minima for take-off and landing was made in instrument CASA 146/08. The minima are also set out in AIP En Route 1.5, sections 4.3 and 4.4. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 500 metres (proposed to become 550 metres). If conditions are met, the minimum visibility for landing inside or outside Australian territory is 800 metres, or 550 metres RVR. An exemption would be required to operate with lower minimum visibility (low visibility operations or LVO).
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. Under subregulation 308 (3A), it is an offence to contravene a condition of an exemption that is otherwise being relied upon for an operation.
The exemption has been issued for Vietnam Airlines Corporation (Vietnam Airlines) for the conduct of LVO in Australia. Following the approval of Melbourne airport for Category II and Category III operations, which enables operations to be conducted to lower minima than was previously permitted under those exemptions, a review of the rules governing low visibility operations was conducted. The exemption states the minima for the various aeroplanes mentioned, as well as the conditions for their use. For instance, the use of the lower minima will require a higher standard of runway lighting (see clause 8 in Schedule 2).
In essence, the operator must ensure that specified visibility standards are met for take-offs and landings. These may be performed only at aerodromes properly equipped to support the LVO conducted under the exemption. As a foreign aircraft operator, Vietnam Airlines must also conduct its operations in accordance with the approval to conduct LVO issued by the Civil Aviation Administration of Vietnam.
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 is required by Vietnam Airlines to enable low visibility take-offs and CAT IIIA landings inside Australia consistent with the standards and requirements specified in the instrument which are not considered prejudicial to the interests of safety.
Office of Best Practice Regulation
The exemption would be of beneficial effect to the operator. The Office of Best Practice Regulation has previously not required preparation of a Regulation Impact Statement in such exemptions, because a preliminary assessment of business compliance costs in respect of the instruments indicates that they have only a nil or low impact on business.
Making and commencement
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument comes into effect on the day after it is registered. It stops having effect at the end of 30 June 2012.
[Instrument number CASA EX50/10]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) provide a comprehensive framework for regulating civil aviation in Australia, including the establishment of meteorological minima for take-off and landing. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations necessary for the Act and for the safety of air navigation. This legislative instrument introduces an exemption from the standard take-off and landing minima for Vietnam Airlines, facilitating low visibility operations (LVO) in Australia. The exemption was enacted by the Civil Aviation Safety Authority (CASA) to allow Vietnam Airlines to conduct LVO consistent with safety standards. The exemption outlines specific visibility minima for various aircraft and the conditions for their use, including enhanced runway lighting requirements. It is designed to ensure that LVO are performed only at aerodromes equipped to support such operations, and that Vietnam Airlines adheres to the approval issued by the Civil Aviation Administration of Vietnam. This exemption is a legislative instrument and is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) provide for a regulatory framework governing civil aviation safety, including the establishment of meteorological minima for take-off and landing operations at Australian aerodromes. Specifically, the exemption issued under subregulation 308(1) of CAR 1988 allows Vietnam Airlines Corporation to conduct low visibility operations (LVO) within Australia, subject to specified conditions. This exemption applies to the airline’s aircraft and personnel involved in the operation of these aircraft. It is designed to ensure that the operations conducted by Vietnam Airlines do not compromise safety standards, particularly concerning visibility requirements during take-off and landing. The exemption is limited geographically to operations within Australia and is subject to compliance with both Australian and Vietnamese regulatory standards. The exemption is a disallowable instrument under the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in the Parliament. Although consultation under the Legislative Instruments Act has not been undertaken, the exemption is deemed necessary to facilitate operations consistent with international standards and without prejudice to safety interests. The exemption is effective from the day after its registration and will cease to have effect by 30 June 2012.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include specific provisions regarding the exemption of certain airlines from standard take-off and landing minima. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that ensure the safety of air navigation. Subregulation 257(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to determine the meteorological minima, which includes the visibility requirements for landing and take-off at aerodromes. These determinations must be published in the Aeronautical Information Publication (AIP) or Notice to Airmen System (NOTAMS) as per subregulation 257(2). Subregulation 257(3) stipulates that it is an offence for an aircraft to take off if the prevailing meteorological conditions fall below the determined minima. CASA has established that the minimum visibility for take-off is 500 metres (proposed to be 550 metres) and for landing is 800 metres or 550 metres RVR (Runway Visual Range), with exceptions only under specific exemptions.
Vietnam Airlines has been granted an exemption from these standard minima for low visibility operations (LVO). This exemption, detailed under subregulation 308(1) of CAR 1988, allows CASA to exempt aircraft or persons associated with the aircraft from specific provisions of CAR 1988. However, CASA must consider safety interests before granting such an exemption and may impose conditions necessary for safety as per subregulation 308(2) and 308(3). Any contravention of the conditions set in an exemption is an offence under subregulation 308(3A). For Vietnam Airlines, this exemption specifies the permissible minima for various aircraft types and conditions under which these minima can be applied, such as higher standards of runway lighting.
The exemption issued to Vietnam Airlines permits the airline to conduct low visibility operations in Australia at aerodromes approved for such operations. For example, Melbourne Airport's approval for Category II and III operations allows for lower minima than previously permitted. The exemption mandates that Vietnam Airlines must meet the specified visibility standards and operate only at appropriately equipped aerodromes. Additionally, as a foreign operator, Vietnam Airlines must comply with the approval issued by the Civil Aviation Administration of Vietnam. This ensures that the operations align with both Australian and Vietnamese safety standards.
The exemption is considered a legislative instrument under the Legislative Instruments Act 2003 (LIA). It is a disallowable instrument as per subparagraph 6(d)(i) of the LIA and subregulation 308(4) of CAR 1988, subject to tabling and disallowance in the Parliament. Although consultation under section 17 of the LIA was not undertaken, the exemption was deemed necessary by Vietnam Airlines to conduct low visibility take-offs and CAT IIIA landings within Australia without compromising safety. The Office of Best Practice Regulation has determined that the exemption has minimal impact on business compliance costs, thus not requiring a Regulation Impact Statement. The exemption was made by the Director of Aviation Safety on behalf of CASA in accordance with subsection 73(2) of the Act and will be in effect from the day after its registration until the end of 30 June 2012.