Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from take-off minima outside Australian territory
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
This exemption is from compliance with subregulations 257 (3) and (4) of CAR 1988 as follows. Subregulation 257 (1) of CAR 1988 provides that CASA may determine the meteorological minima, that is, the visibility requirements for landing or take-off at an aerodrome. Subregulation 257 (2) provides that the determination must be published in AIP or NOTAMS. Standard meteorological minima were determined in instrument CASA 146/08 and are set out in AIP En Route 1.5, section 4. Subregulations 257 (3) and (4) make it an offence for an aircraft to take off or land if an element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome.
The exemption from these minima applies to A380 aircraft operated by Qantas Airways Limited (the operator) in take-off and landing operations outside Australian territory at aerodromes where air traffic control has advised that low visibility procedures are in use.
The instrument is similar to instrument CASA EX38/08 which applies to A330 aircraft. The exemption enables the aircraft to participate in Category II and Category III precision approaches and landings and in reduced visibility take-offs. A Category II operation is defined in Annex 6 to the Chicago Convention as a precision instrument approach and landing with a decision height lower than 60 metres (200 feet), but not lower than 30 metres (100 feet), and a runway visual range not less than 350 metres.
Category III is subdivided into Category IIIA, Category IIIB and Category IIIC (Category IIIC operations will not be carried out under this exemption). A Category IIIA operation is a precision instrument approach and landing with a decision height lower than 30 metres (100 feet) or no decision height, and a runway visual range not less than 200 metres.
A Category IIIB operation is a precision instrument approach and landing with a decision height lower than 15 metres (50 feet) or no decision height, and a runway visual range less than 200 metres but not less than 50 metres.
Category II and Category III operations are to minima lower than the standard minima determined by CASA under subregulation 257 (1) of CAR 1988. However, the reduced minima are the internationally accepted standards for low visibility landings and the exemption permits them to be used subject to conditions. For example, the aircraft must use the minima mentioned in Schedule 1 that are applicable to the type of operation or procedure in which the aircraft is engaged.
The operator must ensure that members of the flight crew have successfully completed low visibility operations training as set out in Schedule 2, as well as meeting the prescribed experience and recency requirements.
Where the requirements of the State of the aerodrome are more restrictive than those in the exemption, the more restrictive requirements must be observed.
There have been some changes from the exemption CASA EX38/08. These recognise that the aircraft have not yet been delivered and will not commence revenue flights before September 2008.
In Schedule 1, clause 5 contains a restriction on carrying out a Category IIIB landing until 60 days after the first revenue flight is commenced. Clause 4 of Schedule 2 contains altered restrictions for the number of hours required on the aircraft type and the number of autolands that a pilot in command or first officer is required to have carried out. It is considered that the number of hours experience can be reduced from 100 hours to 20 hours for a pilot in command or first officer transferring from an Airbus type of aircraft as opposed to a Boeing type. The number of autolands required from a pilot in command or first officer has been reduced from 2 to 1 in the same situation. An autoland is a precision instrument approach performed to touchdown and roll-out by the aircraft autopilot, which receives position information and steering commands from onboard navigation equipment.
In all other respects, the requirements relating to training and maintenance, and the carrying out of the low visibility landings, remains the same.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument would allow the operator to conduct low visibility take-offs and landings outside Australian territory consistently with international standards. Similar instruments have been, and will be, issued to other operators who meet the required safety conditions.
The instrument commences on the day after it is registered. It stops having effect at the end of August 2010.
The exemption has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX61/08]