CASA EX56/05 - Exemption - participation in land and hold short operations

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide a comprehensive framework for ensuring the safety of civil aviation in Australia. This regulation allows the Civil Aviation Safety Authority (CASA) to grant exemptions from specific provisions of the CASR 1998, subject to certain conditions that safeguard air navigation safety. The authority to grant such exemptions is outlined under subregulation 11.160(1) and (2) of the CASR 1998, enabling CASA to tailor its approach to specific operational needs while maintaining the overarching goal of aviation safety. The exemption in question was introduced to address the exclusion of Boeing 767-300 series aircraft operated by Australian Airlines Limited from participating in land and hold short operations (LAHSO), a procedure where aircraft land on one runway while another aircraft takes off or lands on another runway simultaneously. The exemption was granted by CASA to preserve an acceptable level of aviation safety, as stated under subregulation 11.170(3) of the CASR 1998, and it aligns with similar exemptions granted to other major airlines such as Qantas Airways Limited and Qantas Limited.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) grant the Civil Aviation Safety Authority (CASA) the authority to issue exemptions from certain provisions of the regulations to maintain the safety of air navigation. This authority is exercised under subregulation 11.160 of the CASR 1998, which allows CASA to exempt individuals or classes of individuals from compliance with specific regulations when necessary for safety. In this instance, CASA has issued an exemption to Australian Airlines Limited, enabling their Boeing 767-300 series aircraft, which were previously permitted to participate in land and hold short operations (LAHSO) under a now-overridden approval, to resume such operations. The exemption is subject to conditions imposed in the interests of aviation safety and is in line with safety standards set out in the Manual of Standards (MOS) Part 172. The exemption is also a legislative instrument, as defined under the Legislative Instruments Act 2003, and is subject to tabling and disallowance in the Parliament. Although consultations under the LIA were not undertaken, the exemption is considered beneficial to the industry and aligns with similar exemptions granted to other airlines. This exemption is effective from the day after its registration and remains in effect until the end of November 2006.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) allow the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions to ensure aviation safety (subregulation 11.160(1)). This particular exemption, as outlined in the Explanatory Statement, is under subregulation 11.160(2), which enables CASA to grant such exemptions to a person or a class of persons. This exemption is specifically for the participation in land and hold short operations (LAHSO), which involve aircraft landing on one runway while another aircraft takes off or lands on another runway simultaneously. Under the Manual of Standards (MOS) Part 172, only aircraft in performance categories A, B, or C are eligible for LAHSO, excluding Boeing 767-300 series aircraft operated by Australian Airlines Limited, which fall under performance category D. The exemption allows Australian Airlines Limited's Boeing 767-300 series aircraft to participate in LAHSO. This exemption is subject to certain conditions that CASA imposes in the interests of the safety of air navigation (subregulation 11.205(1)). These conditions are necessary to ensure that the operations meet the specified standards and safety requirements. Furthermore, the exemption is made in accordance with subregulation 7(1) of the Civil Aviation Regulations 1988, and it is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). The exemption imposes obligations on Australian Airlines Limited to ensure that the Boeing 767-300 series aircraft comply with the conditions set by CASA. These conditions are aimed at maintaining an acceptable level of aviation safety (subregulation 11.170(3) of CASR 1998). The airline must ensure that all procedures and operations adhere to the standards and requirements outlined in the exemption. Failure to comply with these conditions could lead to serious safety issues and potential breaches of the Civil Aviation Safety Regulations. There are potential consequences for breaches of the exemption conditions. The regulations outline both civil and criminal penalties for non-compliance. Civil penalties can include fines and other sanctions, while criminal penalties may include imprisonment or fines, depending on the severity of the breach. The specific penalties are not detailed in the explanatory statement, but they are governed by the broader provisions of CASR 1998. CASA retains the authority to take appropriate action against any party found to be in breach of the exemption conditions.