Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from take-off minima inside Australian territory
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Legislation
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.
This exemption is from compliance with subregulations 257 (3) and (4). Particulars are as follows.
Subregulation 257 (1) 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. Standard meteorological minima were determined in CASA 477/03 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 centreline lighting or marking is 500 metres.
Subregulations 257 (3) and (4) make 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 exemption from these minima applies in this case to aircraft operated by Australian Airlines Limited (the operator) in take-off operations inside Australian territory.
Conditions
The instrument replaces CASA EX02/2004 which expires at the end of October 2006.
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 must be followed. Minimum runway visibility conditions are prescribed which depend on the quality and extent of runway edge lighting and centreline lighting or markings. Each pilot must have completed low visibility simulator take-off 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 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 inside Australian territory consistent with existing practice. A similar instrument would be issued to any appropriate operator who requested it and could meet its safety conditions.
The instrument comes into effect on 1 November 2006 after it is registered. It stops having effect at the end of October 2009.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX57/06]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulation of civil aviation in Australia, ensuring safety and efficiency within the aviation industry. A particular issue addressed by the regulations is the establishment of meteorological minima for aircraft operations, including take-off and landing, which are crucial for maintaining safety standards under varying weather conditions. The problem this legislation aimed to resolve was the need for flexible regulatory measures that could accommodate specific operational requirements while still upholding stringent safety criteria. This is evident in the provision allowing the Civil Aviation Safety Authority (CASA) to exempt certain aircraft operations from standard meteorological minima, subject to stringent conditions to ensure the safety of air navigation. The authority to enact these regulations stems from the Civil Aviation Act 1988, which empowers CASA to implement rules in the interests of safety, as highlighted in Section 98 of the Act. The policy objective is to enable the safe conduct of low visibility take-offs within Australian territory, provided that all prescribed safety conditions are met.
Scope and Application
The exemption from take-off minima inside Australian territory under the Civil Aviation Regulations 1988 applies specifically to aircraft operated by Australian Airlines Limited, allowing them to undertake take-off operations in conditions of lower visibility than the standard minima determined by the Civil Aviation Safety Authority (CASA). This exemption is granted to ensure the safety of air navigation, with strict conditions that include adherence to related air traffic control procedures, compliance with the operator's operations manual, and completion of low visibility simulator take-off training by each pilot. Furthermore, pilots must demonstrate their competency in low visibility conditions regularly, and the aircraft must meet minimum runway visibility conditions depending on the quality and extent of runway edge lighting and centreline lighting or markings. The exemption is a legislative instrument, subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, and it replaces a previous exemption that expired at the end of October 2006. The new exemption comes into effect on 1 November 2006 and ceases to have effect at the end of October 2009, issued by a delegate of CASA in accordance with the Civil Aviation Regulations 1988.
Key Provisions
The primary sections of this legislation are found in subregulation 308(1) and (2) of the Civil Aviation Regulations 1988 (CAR 1988), which empower the Civil Aviation Safety Authority (CASA) to grant exemptions from specified regulatory requirements, provided it is in the interests of safety. This particular exemption, as detailed in subregulation 308(3), pertains to Australian Airlines Limited’s ability to conduct take-offs inside Australian territory under conditions that are below the standard meteorological minima set out in subregulations 257(3) and (4). These standard minima, as indicated in CASA 477/03 and published in the Aeronautical Information Publication (AIP), require a minimum visibility of 500 metres for take-offs at aerodromes with runway edge lighting and centreline lighting or marking. The exemption allows for take-offs in lower visibility conditions, subject to strict conditions designed to ensure safety.
The obligations imposed by this Act on Australian Airlines Limited and CASA include ensuring that low visibility take-offs are conducted only when specific air traffic control procedures are in place, adhering to the requirements of the operator’s operations manual, and maintaining minimum runway visibility conditions that depend on the quality and extent of runway edge lighting and centreline lighting or markings. Each pilot must complete low visibility simulator take-off training and demonstrate competency at regular intervals within the operator’s recurring training program. Additionally, pilots must demonstrate competency in adverse low visibility conditions to a senior check pilot at least once a year. The aeroplane must not take off from a runway that requires particular turning manoeuvres soon after take-off if the visibility is less than 500 metres.
The Act also outlines the consequences of breaching the provisions of the exemption. Any non-compliance with the conditions of the exemption, which are established to ensure the safety of air navigation, could result in significant penalties. Under subregulation 257(3) and (4), it is an offence for an aircraft to take off if any element of the meteorological minima for that operation is less than that determined by CASA for the aircraft at the aerodrome. The maximum penalties for such offences are not explicitly stated in the text but are generally severe, reflecting the critical importance of air navigation safety. Additionally, as a legislative instrument, the exemption is subject to tabling and disallowance in Parliament, as stipulated in the Legislative Instruments Act 2003. This legislative oversight ensures that the exemption aligns with broader safety and regulatory objectives.