CASA EX62/07 - Exemption - participation in land and hold short operations

Overview

The Civil Aviation Safety Regulations 1998 were amended in 2007 through F2007L04571, an exemption concerning participation in land and hold short operations (LAHSO). This legislative instrument was introduced to address the need for certain foreign-registered commercial aircraft, specifically those of performance categories A, B, or C, to participate in LAHSO, which are operations where an aircraft lands on one runway while another aircraft takes off or lands on another runway simultaneously. These operations are governed by the Manual of Standards (MOS) under the Civil Aviation Safety Regulations 1998 (CASR 1998). The Civil Aviation Safety Authority (CASA) granted this exemption to operators who have or are eligible to apply for Australia and New Zealand Agreement privileges and have been approved to engage in LAHSO by the New Zealand Civil Aviation Authority. The exemption aims to preserve an acceptable level of aviation safety, aligning with the regulatory framework established under the Civil Aviation Act 1988. The instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003 and was issued by a delegate of CASA.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the exemption under consideration, apply to foreign registered commercial aircraft that meet specific criteria. These aircraft must either possess or be eligible to apply for Australia and New Zealand Agreement privileges, and must have been approved by the New Zealand Civil Aviation Authority to engage in land and hold short operations (LAHSO). This exemption is granted by the Civil Aviation Safety Authority (CASA) and pertains to operations where aircraft are landing on one runway while another aircraft takes off or lands on another runway simultaneously, as specified in the Manual of Standards Part 172. The exemption aims to ensure that an acceptable level of aviation safety is maintained while allowing eligible aircraft to participate in LAHSO, which is typically restricted to aircraft that do not fall into performance categories A, B, or C. The exemption is effective from 20 December 2007 until 31 October 2009 and is subject to disallowance under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of air navigation, and within this framework, subregulation 11.160(1) allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions. Specifically, subregulation 11.160(2) enables CASA to grant such exemptions to a person or a class of persons. Moreover, subregulation 11.205(1) allows CASA to impose any necessary conditions on these exemptions to maintain the safety of air navigation. This regulatory flexibility is crucial, particularly when considering 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 sets forth the standards for these operations, and under subsections 10.13.5.3, 10.13.5.4, and 10.13.5.7 of the MOS, certain foreign-registered commercial aircraft are not permitted to participate in LAHSO unless specific conditions are met. The obligations imposed by the Act on parties and entities it governs are multifaceted. Air Traffic Service (ATS) providers, who are approved to deliver air traffic services, must ensure that their services comply with the specified standards outlined in the MOS. This includes adhering to the standards for LAHSO. CASA, as the regulatory authority, must consider the safety implications of any exemption granted and ensure that such exemptions preserve an acceptable level of aviation safety, as stipulated in subregulation 11.170(3) of the CASR 1998. Additionally, any exemption granted must be in accordance with the conditions set out in the MOS and any other relevant regulatory requirements. Operators seeking to engage in LAHSO must be approved by the New Zealand Civil Aviation Authority and be eligible to apply for Australia and New Zealand Agreement privileges. The consequences for non-compliance with the provisions of the CASR 1998 are significant. Under the Legislative Instruments Act 2003 (LIA), an instrument granting an exemption is considered a disallowable instrument, which means it is subject to tabling and disallowance in the Parliament. This is outlined in subparagraph 6(d)(i) of the LIA, and regulation 11.215 of the CASR 1998 confirms that such an exemption falls under this category. Although consultation under section 17 of the LIA has not been undertaken for this specific exemption, the instrument has been issued based on similar exemptions granted to Qantas Airways Limited, which have proven beneficial to the industry. Failure to comply with the terms of the exemption or the underlying regulations could result in enforcement actions, penalties, or other legal consequences as determined by CASA. In summary, the exemption granted by CASA under the Civil Aviation Safety Regulations 1998 allows certain foreign-registered commercial aircraft to participate in land and hold short operations, subject to specific conditions. This exemption is necessary to maintain an acceptable level of aviation safety while accommodating the operational needs of eligible operators. The obligations on ATS providers and operators are clear, and any breach of these provisions could result in significant penalties or other legal repercussions. The exemption is a legislative instrument, subject to parliamentary scrutiny, and it is designed to facilitate safe and efficient air navigation operations.