Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – AirBridgeCargo Airlines LLC
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 subregulations 257 (3) and (4), it is an offence for an aircraft to take-off or land 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 237/10. 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 550 metres. If conditions are met, the minimum visibility for landing inside or outside Australian territory is 800 metres, or 550 metres runway visual range. 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 AirBridgeCargo Airlines LLC (the operator), an airline based in Russia, for the conduct of LVO in Australia. The exemption states the 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 7 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, the operator must also conduct its operations in accordance with the approval to conduct LVO issued by the Ministry of Transport of the Russian Federation.
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 the operator to enable low visibility take-offs and CAT II and CAT III 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 (OBPR)
The exemption would be of beneficial effect to the operator. OBPR does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of similar instruments indicates that it will have only a nil to 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 of registration. It stops having effect at the end of April 2013.
[Instrument number CASA EX54/11]
Overview
The Civil Aviation Regulations 1988, as amended, were enacted to regulate civil aviation in Australia and ensure the safety of air navigation. The instrument F2011L00897, introduced to address the need for exemptions from standard take-off and landing minima for certain operations, was made under Section 98 of the Civil Aviation Act 1988. This Act empowers the Governor-General to create regulations for the safety of air navigation, and in this instance, the Civil Aviation and Safety Authority (CASA) was the enacting body. The policy objective of this exemption is to allow AirBridgeCargo Airlines LLC, a foreign operator, to conduct low visibility operations (LVO) within Australia, provided they meet specified safety standards and conditions. This is achieved by reducing the required visibility minima for take-off and landing at certain aerodromes while ensuring that these operations do not compromise safety.
Scope and Application
The Civil Aviation Regulations 1988, as amended, include an exemption that applies specifically to AirBridgeCargo Airlines LLC, a Russian airline, for the conduct of low visibility operations (LVO) within Australia. This exemption allows the airline to operate under lower meteorological minima than the standard set by the Civil Aviation Safety Authority (CASA) for take-offs and landings. The exemption specifies the visibility standards that must be met and the conditions under which these lower minima can be used, such as the requirement for higher standards of runway lighting. The exemption applies to aircraft operated by the airline and persons associated with the operation of those aircraft. It is designed to ensure that these operations do not compromise safety. The exemption is a legislative instrument subject to the Legislative Instruments Act 2003 and can be disallowed by Parliament. Although consultation was not undertaken for this specific exemption, it was issued to enable the airline to conduct LVO inside Australia in accordance with Russian standards, which are deemed safe and compatible with Australian regulations. The Office of Best Practice Regulation assessed that this exemption would have a nil to low impact on business, hence a Regulation Impact Statement was not required. The exemption was made by the Director of Aviation Safety on behalf of CASA and came into effect upon registration, expiring at the end of April 2013.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) provide the framework within which the Civil Aviation Safety Authority (CASA) can set and enforce meteorological minima for aircraft take-off and landing operations, as outlined in subregulation 257(1) and (2). These minima, which were established in CASA instrument 237/10, require a minimum visibility of 550 metres for take-off and 800 metres or 550 metres runway visual range for landing under standard conditions (subregulation 257(3) and (4)). However, under subregulation 308(1), CASA has the authority to exempt specific aircraft or operators from these standard minima, provided it is deemed safe to do so, as per subregulation 308(2). This regulatory flexibility allows operators like AirBridgeCargo Airlines LLC to conduct low visibility operations (LVO) in Australia, subject to certain conditions and higher standards of runway lighting, as detailed in the exemption.
For AirBridgeCargo Airlines LLC, the exemption necessitates compliance with specific visibility standards for take-off and landing, which can only be performed at aerodromes equipped to handle such operations (subregulation 308(1)). The exemption outlines these minima and conditions, ensuring safety is maintained despite the lower visibility thresholds. Additionally, as a foreign operator, AirBridgeCargo Airlines LLC must adhere to the approval for LVO granted by the Ministry of Transport of the Russian Federation (clause 7 in Schedule 2). This dual compliance requirement ensures that operations align with both Australian and Russian aviation safety standards.
The exemption issued for AirBridgeCargo Airlines LLC is classified as a disallowable instrument under the Legislative Instruments Act 2003 (LIA) (subparagraph 6(d)(i)). Consequently, it must be tabled and can be subject to disallowance in Parliament, as per sections 38 and 42 of the LIA (subregulation 308(4)). Despite being a disallowable instrument, consultation under section 17 of the LIA was not undertaken in this instance, as the instrument was deemed necessary by the operator to facilitate LVO inside Australia, consistent with safety standards. Furthermore, the Office of Best Practice Regulation (OBPR) determined that a Regulation Impact Statement was not required due to the minimal impact on business compliance costs.
The exemption was made by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 73(2) of the Civil Aviation Act 1988 (the Act). It came into effect on the day of registration and remained in force until the end of April 2013. The specific provisions of the exemption ensure that AirBridgeCargo Airlines LLC can conduct its operations safely within the bounds of Australian airspace, provided it meets the stringent conditions set forth in the exemption document.