CASA EX57/05 - Exemption - participation in land and hold short operations

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of civil aviation in Australia, and they provide the Civil Aviation Safety Authority (CASA) with the authority to issue exemptions where necessary. A particular issue arose concerning Boeing 767-300 series aircraft operated by Qantas Airways Limited and Qantas Limited, which were previously permitted to participate in land and hold short operations (LAHSO) but were subsequently excluded under updated Manual of Standards (MOS) requirements. To address this, CASA issued an exemption under subregulation 11.160(1) of CASR 1998, allowing these aircraft to continue participating in LAHSO while maintaining acceptable safety levels. The exemption, declared as a disallowable instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in the Parliament. Although consultations under the LIA were not undertaken, the exemption renewal is considered beneficial to the industry and will be effective from the day after registration until the end of November 2006.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the legislative authority granted by the Civil Aviation Act 1988, enables the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory requirements in the interests of safety. Specifically, subregulation 11.160(1) of the CASR 1998 empowers CASA to exempt a person or a class of persons from compliance with a provision of the CASR 1998, provided that such exemption does not compromise aviation safety. The exemption pertains to Boeing 767-300 series aircraft operated by Qantas Airways Limited and Qantas Limited, which were previously allowed to participate in land and hold short operations (LAHSO) but are now excluded due to the introduction of the Manual of Standards (MOS) — Part 172. CASA has determined that granting this exemption will maintain an acceptable level of aviation safety, in line with subregulation 11.170(3) of the CASR 1998. This exemption is a legislative instrument subject to the Legislative Instruments Act 2003, requiring tabling and potential disallowance in Parliament. Notably, the exemption is a renewal of a previous exemption, beneficial to the industry, and is effective until the end of November 2006.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for aviation safety in Australia, with specific provisions that allow for exemptions from certain regulations. Under subregulation 11.160(1), the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions from compliance with provisions of the CASR 1998. This authority can be exercised by CASA to either an individual or a class of individuals, as outlined in subregulation 11.160(2). Additionally, subregulation 11.205(1) empowers CASA to impose any necessary conditions on such exemptions, ensuring that safety standards are upheld. In this context, CASA has chosen to issue an exemption to permit the participation of certain aircraft in land and hold short operations (LAHSO), activities where aircraft land on one runway while another aircraft takes off or lands on a different runway simultaneously. The obligations imposed by this exemption on the parties involved include adherence to the conditions set forth by CASA to maintain the acceptable level of aviation safety. This includes ensuring that the operations are conducted in accordance with the standards specified in the Manual of Standards (MOS) — Part 172. While the MOS generally permits aircraft of performance categories A, B, and C to participate in LAHSO, it excludes aircraft of performance category D, which includes Boeing 767-300 series aircraft operated by Qantas Airways Limited and Qantas Limited. Despite this exclusion, CASA has granted an exemption to allow these aircraft to continue participating in LAHSO, provided that the safety standards are met. The legislation also delineates the consequences for non-compliance. Under the Legislative Instruments Act 2003 (LIA), the exemption granted by CASA is considered a disallowable instrument, subject to tabling and potential disallowance in the Parliament, as per sections 38 and 42 of the LIA. This means that the exemption can be scrutinized and potentially overturned by the Parliament, adding a layer of oversight to ensure the safety and compliance of the aviation operations. Failure to adhere to the conditions of the exemption could result in civil or criminal penalties, although the specific penalties are not detailed in the provided text. The exemption, issued under subregulation 7(1) of the Civil Aviation Regulations 1988 by a delegate of CASA, is effective until the end of November 2006, ensuring a temporary allowance for the specified operations.