Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from take-off minima inside and outside 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.
Subregulation 257 (1) of CAR 1988 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.
The standard meteorological minima were determined in instrument 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 Boeing 737 aeroplanes operated by Express Freighters Australia Pty Ltd (the operator) in take-off operations inside and outside 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 EX39/06, 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 EX52/08]
Overview
The Civil Aviation Regulations 1988, amended by the legislative instrument F2008L02681, provides an exemption from certain take-off minima for Boeing 737 aeroplanes operated by Express Freighters Australia Pty Ltd inside and outside Australian territory. This exemption was introduced to address the need for flexibility in operations under reduced visibility conditions, while ensuring safety remains the paramount concern. The Civil Aviation Act 1988 empowers the Governor-General to make such regulations, and the Civil Aviation Safety Authority (CASA) has exercised this power to allow these specific operations under defined conditions. The exemption, which is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, was implemented to support safe operations when standard visibility requirements are not met, provided stringent safety conditions are adhered to, including specialised pilot training and adherence to specific operational procedures.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the instrument CASA EX52/08, pertain to specific exemptions from the take-off minima requirements for certain aircraft operations. This exemption applies to Boeing 737 aeroplanes operated by Express Freighters Australia Pty Ltd, allowing them to take off in conditions of reduced visibility, specifically when the minimum runway visibility is 300 metres, which is lower than the standard 500 metres inside Australian territory. This exemption applies both within and outside Australian territory at aerodromes where these conditions are met. The exemption is subject to stringent conditions to ensure the safety of air navigation, including adherence to related air traffic control procedures, specific training requirements for pilots, and operational restrictions based on the quality and extent of runway lighting or markings. The exemption is in effect from 1 August 2008 until the end of July 2010, and it is subject to disallowance under the Legislative Instruments Act 2003. This exemption renews a previous exemption, CASA EX39/06, and any other appropriate operator meeting the safety conditions may request a similar exemption.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) have been amended to include an exemption from certain take-off minima for Boeing 737 aeroplanes operated by Express Freighters Australia Pty Ltd (paragraph 3). This exemption allows these aircraft to take off in conditions of lower visibility than would normally be permissible under standard regulations. Specifically, this exemption permits take-off operations in situations where the minimum runway visibility is reduced to 300 metres, both inside and outside Australian territory, provided specific conditions are met (subregulation 257(1) and (3) of CAR 1988).
To ensure the safety of air navigation, the exemption is subject to several conditions (paragraph 4). For instance, low visibility take-offs can only be conducted when relevant air traffic control procedures are in place, and the requirements of the operator’s operations manual must be strictly followed. Additionally, each pilot must complete approved low visibility take-off simulator training and demonstrate their competency at regular intervals, with an annual demonstration to a senior check pilot. The exemption also includes specific minimum runway visibility conditions based on the quality and extent of runway edge and centreline lighting or markings. Furthermore, the aircraft must not take off from a runway that requires specific turning manoeuvres soon after take-off if visibility is less than 500 metres.
The exemption carries legal implications and obligations for the parties involved (paragraph 7). For example, any breach of the conditions specified in the exemption could result in civil or criminal consequences. While the explanatory statement does not detail specific penalties, it is known that 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, with potential penalties for such breaches. The exemption is also a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (subregulation 308(4) of CAR 1988 and subparagraph 6(d)(i) of the LIA). The exemption renews a previous instrument, CASA EX39/06, which ceases to have effect at the end of July 2008 and will be effective from 1 August 2008 until the end of July 2010.