Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – Pacific Blue
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 257 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may determine the meteorological minima, that is the visibility requirements, for landing or take-off at an aerodrome. Under subregulation 257 (2), the determination must be published in AIP or NOTAMS. Under subregulation 257 (3), 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 determination of standard meteorological minima for take-off and landing is made in instrument CASA 237/10. The minimum visibility for take-off inside or outside Australian territory is 550 metres runway visibility. The minimum visibility for landing inside or outside Australian territory is 550 metres runway visual range. Runway visibility is as assessed by a trained observer. Runway visual range is measured by instrument and reported by Air Traffic Control.
An exemption is required to operate with visibility lower than the specified minima (low visibility operations or LVO).
Under subregulation 308 (1) of CAR 1988, 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. Under subregulation 308 (2), before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Under subregulation 308 (3), CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
The exemption has been issued for Pacific Blue Airlines (NZ) Limited, trading as Pacific Blue (Pacific Blue), for the conduct of LVO in Australia. Following the approval of Melbourne airport for Category II and Category III operations, which enables operations to be conducted to lower minima than was previously permitted under those exemptions, a review of the rules governing low visibility operations was conducted. The exemption states the minima for the aeroplanes mentioned as well as the conditions for their use. For instance, the use of the lower minima will require a higher standard of runway lighting (see clause 6 in Schedule 2).
In essence, the operator must ensure that specified visibility standards are met for take-offs and landings. These may be performed only at aerodromes properly equipped to support the LVO conducted under the exemption. As a foreign aircraft operator, Pacific Blue must also conduct its operations in accordance with the approval to conduct LVO issued by the Civil Aviation Authority of New Zealand.
Legislative Instruments Act
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. Under subregulation 308 (4) of CAR 1988, an exemption is a disallowable instrument. 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 is required by Pacific Blue to enable low visibility take-offs and CAT II landings inside Australia consistent with the standards and requirements specified in the instrument which are not considered prejudicial to the interests of safety.
Office of Best Practice Regulation (OBPR)
The exemption would be of beneficial effect to Pacific Blue. OBPR has previously not required preparation of a Regulation Impact Statement in such exemptions because a preliminary assessment of business compliance costs in respect of the instruments indicates that they have only a nil or low impact on business.
Making and commencement
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on the day after it is registered. It stops having effect at the end of 31 August 2012.
[Instrument number CASA EX62/10]