CASA EX59/10 - Exemption - participation in land and hold short operations

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, providing a regulatory framework under the Civil Aviation Act 1988. The CASR 1998 empower the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions, where doing so does not compromise safety. The particular issue addressed by this exemption relates to land and hold short operations (LAHSO), which involve complex and potentially hazardous simultaneous runway operations. The exemption allows Boeing 767-300 series aircraft operated by Qantas Airways Limited, previously excluded from participating in LAHSO due to their classification in performance category D, to engage in such operations. This exemption was granted under the authority provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring that any conditions imposed maintain the requisite safety standards. The exemption is a legislative instrument subject to disallowance by the Parliament and has been issued without consultation under the Legislative Instruments Act 2003, as it renews a previous exemption beneficial to the industry.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by F2010L01998, provides an exemption for Qantas Airways Limited's Boeing 767-300 series aircraft to participate in land and hold short operations (LAHSO). This exemption applies to specific aircraft within performance category D, which were previously approved for LAHSO but are now subject to the standards outlined in the Manual of Standards Part 172. The exemption, granted by the Civil Aviation Safety Authority (CASA) under subregulation 11.160 of the CASR 1998, is applicable to Qantas Airways Limited and allows their designated aircraft to engage in LAHSO while ensuring the safety of air navigation is maintained. This exemption is issued under the authority of subsection 98(1) of the Civil Aviation Act 1988 and is subject to conditions that CASA deems necessary for aviation safety. The exemption is a legislative instrument, subject to the Legislative Instruments Act 2003, and is effective from 1 August 2010 until 31 July 2012.

Key Provisions

The key provisions of this piece of legislation, the Civil Aviation Safety Regulations 1998 (CASR 1998), focus on granting exemptions for certain aviation operations. Specifically, subsection 98(1) of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations for aviation safety, while subregulation 11.160(1) of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with the regulations. This particular exemption pertains to the participation of certain aircraft 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 subregulation 11.205(1) of the CASR 1998, CASA can impose conditions on these exemptions to ensure the safety of air navigation. The Manual of Standards Part 172 (MOS Part 172) sets forth the standards that must be met for LAHSO, which exclude aircraft of performance category D, such as the Boeing 767-300 series operated by Qantas Airways Limited. However, this exemption allows Qantas Airways Limited to commence LAHSO for these aircraft, as per subregulation 11.170(3) of the CASR 1998, considering that it preserves an acceptable level of aviation safety. The obligations imposed by this legislation primarily concern CASA and Qantas Airways Limited. CASA must ensure that the exemption conditions are met to maintain safety standards, while Qantas Airways Limited must comply with these conditions to participate in LAHSO with their Boeing 767-300 series aircraft. This involves adhering to the safety protocols outlined in MOS Part 172 and any specific conditions CASA imposes on the exemption. Regarding consequences for non-compliance, the legislation does not explicitly detail specific offences, penalties, or civil/criminal consequences within the text provided. However, the exemption is subject to the Legislative Instruments Act 2003, under which it is a disallowable instrument and thus subject to tabling and disallowance in Parliament. This means that if the exemption is not in compliance with legislative standards or fails to maintain the required safety levels, it could potentially be disallowed by Parliament, leading to the cessation of the exemption and a return to strict adherence to the CASR 1998 regulations.