CASA EX54/10 – Exemption – from standard take-off minima – Express Freighters Australia

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2010L01865 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Exemption — from standard take-off minima – Express Freighters Australia

 

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). An exemption would be required to operate in lesser minimum visibility.

 

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.

 

CASA has issued an instrument exempting various aeroplanes operated by Express Freighters Australia Pty Ltd (Express Freighters) from the standard meteorological minima for take‑off. 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, as well as the intended upgrade of other Australian aerodromes, a review of the rules governing low visibility operations was conducted. The exemption revokes the previous instrument and states the lower minima for the various aeroplanes, 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 10 in Schedule 2).

 

In essence, the operator must ensure that specified visibility standards are met for take-offs that may be performed only at aerodromes properly equipped to support them. Flight crew training, experience, recency and competency must meet specified benchmarks. Aircraft equipment must be maintained. Operational restrictions and limitations must be observed. Appropriate foreign approvals for the operations must be obtained. A range of documents for inspection must be carried on board the aircraft.

 

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 Express Freighters to enable low visibility take-offs inside and outside Australian territory 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 does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of the nature of similar instrument indicates that it will have only a nil to low impact on business.

 

Duration

The instrument commences on the day after it is registered. It stops having effect at the end of 30 June 2012.

 

The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

[Instrument number CASA EX54/10]

Overview

The Civil Aviation Regulations 1988, as amended by F2010L01865, addresses the need for specific exemptions from standard take-off minima for aircraft operated by Express Freighters Australia, aligning with the safety standards set forth under the Civil Aviation Act 1988. This regulation empowers the Civil Aviation Safety Authority (CASA) to exempt certain aircraft from the mandated meteorological minima for take-off, ensuring operations can be conducted in lower visibility conditions provided specific safety criteria are met. The exemption is subject to strict conditions, including adherence to higher standards of runway lighting, rigorous flight crew training and experience, and the maintenance of aircraft equipment, among other operational restrictions. The exemption was enacted by the Governor-General and is subject to disallowance by Parliament under the Legislative Instruments Act 2003. Although not explicitly stated, the policy objective appears to be enhancing operational efficiency and safety for low visibility take-offs while ensuring that such operations do not compromise the overarching safety standards of air navigation.

Scope and Application

The Civil Aviation Regulations 1988, as amended, include a specific exemption for certain aircraft operated by Express Freighters Australia Pty Ltd from the standard meteorological minima for take-off. This exemption allows these aircraft to take off in conditions of lower visibility than the standard minima, which are otherwise set at 500 metres, with a proposed increase to 550 metres. The exemption applies to aircraft operated by Express Freighters and is subject to conditions that ensure safety, including requirements for higher standards of runway lighting, compliance with operational restrictions and limitations, and adherence to specific flight crew training, experience, and competency benchmarks. The exemption is limited to the specified aircraft of Express Freighters and only applies when the aircraft are operated at aerodromes that are equipped to support low visibility take-offs. The exemption also requires the maintenance of aircraft equipment, obtaining appropriate foreign approvals, and carrying a range of documents on board the aircraft for inspection. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The exemption commences on the day after it is registered and ceases to have effect at the end of 30 June 2012.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) include specific provisions that pertain to the meteorological minima for take-off and landing at aerodromes, with subregulation 257(1) allowing the Civil Aviation Safety Authority (CASA) to determine these visibility requirements, which must then be published in the Aeronautical Information Publication (AIP) or Notice to Airmen System (NOTAMS). The standard visibility minima for take-off are currently set at 500 metres, with a proposed increase to 550 metres (sections 4.3 and 4.4 of AIP En Route 1.5). However, under subregulation 308(1) of CAR 1988, CASA has the authority to exempt certain aircraft or operations from these standard minima if it is deemed safe to do so. The obligations imposed by the exemption for Express Freighters Australia entail ensuring that the aircraft and crew meet specific standards. These include maintaining a high standard of runway lighting at the aerodromes where low visibility take-offs are conducted (as detailed in clause 10 of Schedule 2), ensuring flight crew training, experience, recency, and competency meet specified benchmarks, and maintaining the aircraft in accordance with regulatory requirements. Furthermore, the operator must obtain appropriate foreign approvals for operations and carry necessary documents for inspection on board the aircraft. Failure to comply with the conditions set out in the exemption may result in significant consequences. Under subregulation 308(3A) of CAR 1988, it is an offence to contravene a condition of an exemption, and such contraventions can lead to enforcement actions. The penalties for such offences are not explicitly stated in the provided text, but typically, non-compliance with civil aviation regulations can result in substantial fines and potential suspension or revocation of operational licenses. Additionally, the exemption is a disallowable instrument under the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in Parliament, further underscoring the seriousness of compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.