CASA EX59/11 – Exemption – take-off with residual traces of frost and ice

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were amended in 2011 to provide an exemption concerning the take-off of larger aircraft with residual traces of frost and ice, as detailed in the legislative instrument F2011L01215. This exemption was introduced to address the practical challenges faced by operators of larger aircraft engaged in regular public transport operations, ensuring they could adhere to stringent safety standards while maintaining operational efficiency. The Civil Aviation (All Aircraft) Regulations 1991 were enacted by the Governor-General under the authority of the Civil Aviation Act 1988, with the primary policy objective being the safety of air navigation. The Australian Civil Aviation Safety Authority (CASA) has the power to exempt aircraft from certain regulatory provisions if it determines that such exemptions do not compromise safety, provided they are subject to necessary safety conditions. The exemption allows aircraft with a maximum take-off weight of more than 5,700 kg to take off with residual snow, frost, or ice, provided specific safety procedures are followed by the pilot in command.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) permit an exemption from certain provisions for aircraft with a maximum take-off weight exceeding 5,700 kg engaged in regular public transport operations. Specifically, these larger aircraft are allowed to take off with residual traces of snow, frost, and ice, provided that the pilot in command adheres to certain safety conditions. These conditions necessitate the use of appropriate de-icing and anti-icing procedures as per the aircraft's flight manual or the manufacturer's instructions and data, ensuring that all but residual snow, frost, and ice are removed. Additionally, the pilot must verify that any residual snow, frost, or ice will not impact the aircraft's performance or any of its equipment or instruments. This exemption is issued under the authority granted by section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for aviation safety. The exemption is subject to disallowance by Parliament under the Legislative Instruments Act 2003, and it replaces a previous exemption (CASA EX50/09) that expired at the end of June 2011. This new exemption is effective from 1 July 2011 and will cease to have effect at the end of 30 June 2013.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this exemption are section 244(1)(c) and subregulation 308(1) to (4). Section 244(1)(c) requires the pilot in command to ensure that all external surfaces of the aircraft are completely free from frost and ice before taking off. Subregulation 308(1) allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons from specified provisions of CAR 1988. This particular exemption allows CASA to grant relief from the requirement that all external surfaces of the aircraft be completely free from frost and ice, provided certain safety conditions are met. Under the terms of this exemption, CASA imposes specific obligations on the parties involved. The pilot in command of an aircraft with a maximum take-off weight of more than 5,700 kg engaged in regular public transport operations must ensure that appropriate de-icing and anti-icing procedures have been used to remove all but residual snow, frost, and ice from the aircraft. This must be in accordance with the aircraft flight manual or the manufacturer’s instructions and data. Before taking off, the pilot must also be satisfied that any residual snow, frost, or ice will not affect the performance of the aircraft or any of its equipment or instruments. The legislation outlines several potential consequences for breaches of the Civil Aviation Regulations 1988, though specific offences, penalties, or consequences related to this exemption are not detailed in the explanatory statement. Generally, under the Civil Aviation Act 1988, serious breaches can result in criminal charges and penalties, including fines and imprisonment. In terms of civil liability, breaches could lead to actions for damages. Additionally, under the Legislative Instruments Act 2003, the exemption is a disallowable instrument, subject to tabling and disallowance in the Parliament. The exemption was made by a delegate of CASA in accordance with the relevant regulations, ensuring it aligns with the legislative framework governing aviation safety.