CASA EX58/11 – Exemption — from standard take-off and landing minima – V Australia

Overview

The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation and have been amended to include exemptions for specific operations, such as the exemption for V Australia's B777-300ER aircraft from standard meteorological minima for take-off and landing. This exemption, introduced under the authority of the Civil Aviation Act 1988, allows V Australia to conduct low visibility take-offs and landings at aerodromes equipped to support these operations, provided that stringent safety conditions are met. These conditions include higher standards for runway lighting, adherence to specified visibility benchmarks, maintenance of aircraft equipment, and compliance with operational restrictions. The exemption also requires pilots to meet particular training, experience, and competency standards, as well as obtaining appropriate foreign approvals and carrying required documents on board. The instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003. This exemption streamlines the regulatory framework for low visibility operations, enhancing operational flexibility for V Australia while maintaining a robust safety framework.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the exemption F2011L01322, applies specifically to Boeing 777-300ER aircraft operated by Virgin Australia International Airlines, trading as V Australia. The exemption pertains to the standard meteorological minima for take-off and landing, allowing these aircraft to operate under conditions of lower visibility than typically permitted. This is achieved through the issuance of a specific exemption by the Civil Aviation Safety Authority (CASA) under subregulation 308(1) of the Civil Aviation Regulations 1988, ensuring that such operations are conducted in a manner that does not compromise safety. The exemption is geographically applicable both within and outside Australian territory, contingent upon compliance with the stringent conditions set forth to maintain the highest safety standards. These conditions include adherence to enhanced runway lighting standards, specific flight crew training and experience requirements, maintenance of aircraft equipment, and the observation of operational restrictions and limitations, among others. The exemption is in effect from the day after its registration and ceases to have effect at the end of 31 May 2013.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this exemption are subregulations 257 and 308. Subregulation 257(1) allows the Civil Aviation Safety Authority (CASA) to determine the meteorological minima for landing or take-off at an aerodrome, which must be published in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAM). Subregulation 257(2) mandates that it is an offence to take-off or land if the meteorological conditions are below the determined minima. Subregulation 308(1) empowers CASA to exempt aircraft or persons associated with the operation of the aircraft from specified provisions of the CAR 1988, provided it is necessary in the interests of safety. Subregulation 308(3) further allows CASA to impose conditions on such exemptions, which must be complied with, or else it would constitute an offence. The obligations and requirements imposed by the Act on the parties governed by this exemption include ensuring that the specified visibility standards are met for take-offs and landings at aerodromes equipped to support low visibility operations. Virgin Australia must ensure that flight crew training, experience, recency, and competency meet specified benchmarks. Aircraft equipment must be maintained, and operational restrictions and limitations must be observed. Appropriate foreign approvals for the operations must be obtained, and a range of documents for inspection must be carried on board the aircraft. The exemption also specifies the higher standard of runway lighting required for these operations. Any breaches of the conditions stipulated in the exemption are considered an offence under subregulation 308(3A) of CAR 1988. The penalties for contravening a condition of an exemption can vary depending on the severity of the breach but generally include fines and potential criminal charges. The maximum penalties for such offences are not explicitly stated in the text but can be severe, reflecting the critical nature of aviation safety. The exemption is a legislative instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA), which means it is subject to tabling and disallowance in the Parliament. However, consultation under section 17 of the LIA was not undertaken in this case as the instrument is considered necessary by Virgin Australia to enable low visibility take-offs and landings consistent with the specified standards and requirements, which are not deemed prejudicial to the interests of safety. The Office of Best Practice Regulation (OBPR) has determined that this exemption will have a nil to low impact on business, hence no Regulation Impact Statement is required. The exemption is effective from the day after registration and will cease to have effect by the end of 31 May 2013. It has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Civil Aviation Act 1988.