CASA EX61/06 - Exemption – from take-off minima inside and outside Australian territory

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Government, establish the legal framework for the safety of air navigation. This legislative instrument, F2006L03652, was introduced to address the need for specific exemptions from standard meteorological minima for take-offs to ensure safety while accommodating operational requirements of certain aircraft. Authorised by section 98 of the Civil Aviation Act 1988, the instrument grants an exemption to Airbus A330 aeroplanes operated by Jetstar Airways Limited from the standard take-off visibility requirements. The exemption allows for take-offs in conditions of lower visibility, down to 300 metres, subject to stringent conditions that include adherence to specific air traffic control procedures, completion of approved low visibility take-off simulator training by pilots, and compliance with the operator's manual. The objective of this exemption is to maintain the highest safety standards while facilitating the operational efficiency of the specified aircraft.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) apply to the safety of air navigation within and outside Australian territory and empower the Civil Aviation Safety Authority (CASA) to make regulations for compliance. Specifically, subregulation 257(1) of CAR 1988 allows CASA to determine the meteorological minima for aircraft take-off and landing at aerodromes, which must be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM). This regulation ensures that aircraft operations adhere to safety standards set by CASA. An exemption from these standard minima can be granted under subregulation 308(1) of CAR 1988, provided it does not compromise safety and is subject to specific conditions. The exemption instrument in question permits Airbus A330 aeroplanes operated by Jetstar Airways Limited to take off in conditions of lower visibility, specifically reducing the minimum runway visibility from 500 metres to 300 metres, both within and outside Australian territory. This exemption is subject to stringent conditions to ensure safety, including adherence to air traffic control procedures, specific pilot training and competency demonstrations, and compliance with either the higher safety standards of the State of the aerodrome or those outlined in the exemption instrument. The instrument is subject to disallowance in Parliament under the Legislative Instruments Act 2003 and took effect after registration, ceasing to apply at the end of 31 October 2008.

Key Provisions

The key provisions of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this instrument involve the determination of meteorological minima for take-off (subregulation 257(1)) and the power of the Civil Aviation Safety Authority (CASA) to exempt aircraft from certain provisions of the CAR 1988 (subregulation 308(1)). Specifically, subregulation 257(1) allows CASA to set visibility requirements for landing or take-off at aerodromes, which must be published in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAMS). Subregulation 308(1) empowers CASA to exempt aircraft or related persons from specific CAR 1988 provisions, provided that any exemption is made in the interests of safety and may be subject to conditions deemed necessary for safety (subregulation 308(2) and (3)). The obligations and requirements imposed by this instrument include ensuring that low visibility take-offs are only conducted when specific air traffic control procedures are in place and that the operator's operations manual is followed. Pilots must complete approved low visibility take-off simulator training and demonstrate competency in low visibility operations annually. The exemption also stipulates that the aircraft must adhere to the more restrictive requirements of the State of the aerodrome if operating outside Australian territory. Furthermore, the exemption is subject to specific minimum runway visibility conditions, which depend on the quality and extent of runway edge and centreline lighting or markings. Breaching the conditions of this exemption could result in serious safety implications. Under subregulation 308(3) of CAR 1988, it is an offence for an aircraft to take off if an element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome. The maximum penalties for such breaches are not specified in this instrument but would generally align with the penalties outlined in the Civil Aviation Act 1988 and associated regulations for non-compliance with safety requirements. The instrument itself is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, providing an additional layer of oversight and accountability.