CASA EX60/09 - Exemption - from take-off minima inside Australian territory

Overview

The instrument, F2009L03017, provides an exemption from the standard take-off minima for certain aeroplanes operated by Emirates of Dubai, United Arab Emirates, when performing take-offs at Sydney International Airport and Melbourne International Airport within Australian territory. This exemption was introduced to facilitate the operator's ability to conduct low visibility take-offs, which are consistent with their existing practices and do not compromise safety, as determined by the Civil Aviation Safety Authority (CASA). The exemption is subject to several safety conditions, including the requirement that low visibility take-offs may not be conducted if the visibility is below the specified 350 metres, and that the operator must maintain the approval of the General Civil Aviation Authority of the United Arab Emirates for such operations. The exemption is enacted under subregulation 308(1) of the Civil Aviation Regulations 1988, which allows CASA to exempt aircraft from specified provisions of the regulations, provided safety considerations are taken into account. This legislative instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, as it is considered a disallowable instrument. The exemption revokes and remakes a previous instrument, CASA EX47/09, and includes additional aircraft in Schedule 1. It will commence on the day after registration and will cease to have effect at the end of 31 May 2011. The exemption has been made by a delegate of CASA in accordance with subregulation 7(1) of the Civil Aviation Regulations 1988, and consultation under section 17 of the Legislative Instruments Act 2003 has not been undertaken in this instance as the instrument is required by the operator for operational purposes.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide the framework for aviation safety and operations within Australia, including the establishment of meteorological minima for take-off and landing at aerodromes. Specifically, subregulation 257(1) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to determine these minima, which must be published in the Aeronautical Information Publication (AIP) or Notices to Air Missions (NOTAMS). The standard visibility requirement for take-off inside Australian territory, for aerodromes equipped with certain lighting, is set at 500 metres, as per CASA 146/08. Subregulation 308(1) allows CASA to exempt aircraft or associated persons from specified CAR 1988 provisions, subject to safety considerations and potential conditions. This authority is exercised in the exemption from take-off minima inside Australian territory, which applies to specified aeroplanes operated by Emirates at Sydney and Melbourne International Airports, permitting a reduced visibility minimum of 350 metres for take-off, provided specific safety conditions are met. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance by Parliament. The exemption revokes and remakes a previous instrument, CASA EX47/09, and will be in effect until 31 May 2011. The exemption is made by a delegate of CASA under subregulation 7(1) of CAR 1988, ensuring alignment with safety standards while accommodating operational requirements.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide the framework within which Civil Aviation Safety Authority (CASA) can impose certain operational standards and requirements on aircraft operations within Australia. Under subregulation 257(1) of the CAR 1988, CASA is empowered to determine meteorological minima for aircraft landing or take-off at aerodromes. This means CASA can set the minimum visibility requirements that must be met for safe take-off or landing. These determinations must then be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM) system (subregulation 257(2)). Any aircraft that takes off when the visibility is below the prescribed minima is considered to be in violation of the regulations (subregulation 257(3)). Specifically, the standard meteorological take-off minima within Australian territory, for aerodromes equipped with runway edge lighting and either centreline lighting or centreline marking, is set at 500 metres (AIP En Route 1.5, section 4.3). Additionally, under subregulation 308(1) of the CAR 1988, CASA can grant exemptions from certain provisions of the regulations. This exemption process requires CASA to consider safety implications as outlined in subregulation 308(2), and can be subject to specific safety conditions as per subregulation 308(3). In this instance, the exemption applies to specified aeroplanes operated by Emirates of Dubai, United Arab Emirates, allowing them to take off at Sydney International Airport and Melbourne International Airport when the runway visibility is as low as 350 metres, provided certain safety conditions are met. Such conditions include ensuring that low visibility take-offs (LVTO) are only conducted when related Air Traffic Control services and procedures are operational, and that the aeroplanes do not take off from runways requiring specific turning manoeuvres soon after take-off if the visibility is below 500 metres. The instrument establishing this exemption is subject to the Legislative Instruments Act 2003 (LIA), which classifies it as a disallowable instrument under subregulation 308(4) of the CAR 1988. This means it is subject to tabling and potential disallowance in the Parliament as per sections 38 and 42 of the LIA. Although consultation under section 17 of the LIA was not undertaken in this case, CASA determined that the exemption would not be prejudicial to safety, given the operator's existing practices and approvals from the General Civil Aviation Authority of the United Arab Emirates (GCAA UAE). The exemption also revokes and remakes a previous instrument (CASA EX47/09), with the remade instrument including references to additional aircraft in Schedule 1. The exemption is effective from the day after its registration and will cease to have effect at the end of 31 May 2011. It was made by a delegate of CASA in accordance with subregulation 7(1) of the CAR 1988.