CASA EX62/06 - Exemption – participation in land and hold short operations

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety and regulation of civil aviation within Australia, addressing the need for comprehensive safety standards and operational regulations. One specific issue that arose involved the participation of certain aircraft in land and hold short operations (LAHSO), where an aircraft lands on one runway while another aircraft takes off or lands on another runway simultaneously. The Manual of Standards (MOS) Part 172, introduced to enhance safety standards, excluded Boeing 767-300 series aircraft operated by Qantas Airways Limited from participating in LAHSO, despite prior approval from the Civil Aviation Safety Authority (CASA). In response, CASA decided to issue an exemption under subregulation 11.160 of the CASR 1998, allowing these aircraft to participate in LAHSO while maintaining an acceptable level of aviation safety. This exemption, which is subject to disallowance in Parliament under the Legislative Instruments Act 2003, is a renewal of a previous exemption and is deemed beneficial to the industry. The exemption took effect on 1 December 2006 and ceased on 31 July 2008.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) govern a broad range of activities related to civil aviation safety in Australia, and under the authority granted by the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) can issue exemptions from these regulations to ensure safety is maintained. Specifically, this instrument addresses an exemption concerning land and hold short operations (LAHSO), where an aircraft lands on one runway while another aircraft takes off or lands on another runway simultaneously. The exemption applies to Qantas Airways Limited and its Boeing 767-300 series aircraft, which were previously approved for LAHSO but are now excluded under the new Manual of Standards (MOS). CASA has granted this exemption to preserve an acceptable level of aviation safety, recognising that these aircraft can safely participate in LAHSO. The exemption is subject to conditions imposed by CASA and is a disallowable instrument under the Legislative Instruments Act 2003, meaning it must be tabled and can be disallowed by Parliament. This exemption is effective from 1 December 2006 and ceases on 31 July 2008, reflecting CASA's careful consideration of safety standards and operational benefits.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide, under subregulation 11.160(1), that the Civil Aviation Safety Authority (CASA) may grant exemptions from compliance with certain provisions of the CASR 1998. These exemptions are granted by instrument and may apply to a specific person or a class of persons (subregulation 11.160(2)). Any such exemption can include conditions deemed necessary for the safety of air navigation (subregulation 11.205(1)). The authority to grant these exemptions is intended to balance safety concerns with operational flexibility where appropriate. Under subregulation 172.065(1) of the CASR 1998, Air Traffic Service (ATS) providers must adhere to specified standards, including those outlined in the Manual of Standards (MOS) Part 172. The MOS, particularly subsections 10.13.5.3 and 10.13.5.4, detail the requirements for land and hold short operations (LAHSO), which involve simultaneous operations on different runways. These operations are permitted for aircraft in performance categories A, B, or C, excluding those in category D, such as the Boeing 767-300 series aircraft operated by Qantas Airways Limited. CASA has traditionally allowed these aircraft to participate in LAHSO, but the updated MOS has negated this previous approval. The exemption issued by CASA aims to allow these aircraft to resume participation in LAHSO while maintaining acceptable safety standards (subregulation 11.170(3)). The exemption issued under subregulation 11.170(3) of the CASR 1998 is considered a disallowable instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA). As such, it is subject to the provisions of the LIA, including the requirement for tabling and potential disallowance in the Parliament (sections 38 and 42 of the LIA). However, consultation as per section 17 of the LIA was not undertaken for this exemption, which is a renewal of a previous exemption and deemed beneficial to the industry. The exemption granted to Qantas Airways Limited for its Boeing 767-300 series aircraft to participate in LAHSO will be effective from 1 December 2006 and will cease on 31 July 2008. The exemption was made by the Deputy Chief Executive Officer, Operations, acting as a delegate of CASA, in accordance with subregulation 7(1) of the Civil Aviation Regulations 1988. This delegation is within the authority granted to CASA to manage and regulate aviation safety while allowing for operational adjustments where necessary. The issuance of this exemption underscores CASA's role in balancing safety requirements with operational flexibility in the aviation industry.