Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from take-off and landing minima outside 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.
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) 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.
Subregulations 257 (3) and (4) make it 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 exemption from these minima applies to Boeing B767 aircraft operated by Australian Airlines Limited (the operator) in take-off and landing operations outside Australian territory at aerodromes where air traffic control has advised that low visibility procedures are in use.
The instrument replaces CASA EX01/2004 which expired at the end of October 2006. The exemption enables the aircraft to participate in reduced visibility take-offs and in Category II and Category III precision approaches and landings. Take-off operations are permitted with a visibility of 150 metres.
A Category II operation is defined in Annex 6 to the Chicago Convention as a precision instrument approach and landing with a decision height lower than 60 m (200 ft), but not lower than 30 m (100 ft), and a runway visual range not less than 350 m.
Category III is subdivided into Category IIIA, Category IIIB and Category IIIC. (Category IIIC operations will not be carried out under this exemption.) A Category IIIA operation is a precision instrument approach and landing with a decision height lower than 30 m (100 ft) or no decision height, and a runway visual range not less than 200 m.
A Category IIIB operation is a precision instrument approach and landing with a decision height lower than 15 m (50 ft) or no decision height, and a runway visual range less than 200 m but not less than 50 m.
Category II and Category III operations are to minima lower than the standard minima determined by CASA under subregulation 257 (1). However, they are the internationally accepted standards for low visibility landings and the exemption permits them to be used subject to conditions.
For example, the aircraft must use the minima mentioned in Schedule 1 that are applicable to the type of operation or procedure in which the aircraft is engaged.
The operator must ensure that members of the flight crew have successfully completed low visibility operations training as set out in Schedule 2. This includes the performance of autolands and the recent exercise of the aircraft’s autoland capability. An autoland is a precision instrument approach performed to touchdown and roll-out by the aircraft autopilot, which receives position information and steering commands from onboard navigation equipment.
Maintenance requirements for Category II, IIIA and IIIB operations must be observed. Where the requirements of the State of the aerodrome are more restrictive than those in the exemption, they must be observed.
Detailed visibility minima are set out as are conditions on lighting, braking action and wind components. The aircraft must have specific equipment for particular category approaches and landings. The runways at which low visibility operations are to be conducted must be checked by the operator and approved by the relevant foreign regulatory authority. A copy of the exemption and the list of approved aerodromes and runways must be kept in an operator’s manual available to all pilots.
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 and landings outside Australian territory consistent with international standards. 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 the day 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 EX58/06]