CASA EX66/06 - Exemption - participation in land and hold short operations

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide a comprehensive framework for ensuring the safety of civil aviation in Australia. One of the key mechanisms within these regulations is the ability for the Civil Aviation Safety Authority (CASA) to grant exemptions from certain provisions of the CASR 1998, as outlined in subregulation 11.160. This flexibility allows CASA to adapt to specific circumstances while maintaining the overarching goal of aviation safety. The exemption in question pertains to the participation of certain aircraft in land and hold short operations (LAHSO), which are complex manoeuvres involving simultaneous landing and take-off operations on intersecting runways. The exemption was introduced to address the specific exclusion of Boeing 767-300 series aircraft operated by Australian Airlines Limited from LAHSO participation due to the introduction of the Manual of Standards (MOS) Part 172, which had previously overridden an exemption granted by CASA. This exemption was enacted by the Deputy Chief Executive Officer, Operations, a delegate of CASA, and is subject to disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) govern the safety standards for civil aviation in Australia, and under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions from certain provisions to maintain acceptable levels of aviation safety. Specifically, the CASR 1998 permit CASA to exempt persons or classes of persons from compliance with certain regulations, provided such exemptions are granted with conditions that ensure safety. In this instance, CASA has issued an exemption under subregulation 11.160 to allow the Boeing 767-300 series aircraft operated by Australian Airlines Limited to participate in land and hold short operations (LAHSO), which involve simultaneous landing and take-off activities on intersecting runways. This exemption is subject to conditions that preserve aviation safety, as outlined in the Manual of Standards (MOS) Part 172. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance by Parliament. It is effective from 1 December 2006 until 31 October 2009. This exemption mirrors similar exemptions granted to other airlines and is considered beneficial to the aviation industry while maintaining stringent safety standards.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for the exemption granted by the Civil Aviation Safety Authority (CASA) to Australian Airlines Limited, allowing their Boeing 767-300 series aircraft to participate in land and hold short operations (LAHSO). Under subregulation 11.160(1), CASA has the authority to grant an exemption from compliance with certain provisions of CASR 1998, and under subregulation 11.160(2), this exemption can apply to a specific person or class of persons. The exemption, detailed in subregulation 11.205(1), can include conditions necessary for ensuring the safety of air navigation. This exemption allows Australian Airlines Limited's Boeing 767-300 series aircraft, which were previously excluded from LAHSO under the Manual of Standards (MOS) Part 172, to now participate in these operations. The obligations and requirements imposed by the Act on the parties governed by it include ensuring that any exemption granted is aligned with the safety standards set out in the MOS. Specifically, the ATS provider, as defined under subregulation 172.065(1), must ensure that any service is provided in accordance with the specified standards. For the exemption to be valid, CASA must consider that the exemption preserves an acceptable level of aviation safety, as outlined in subregulation 11.170(3). Additionally, the exemption is subject to tabling and disallowance in Parliament, in accordance with the Legislative Instruments Act 2003 (LIA), making it a disallowable instrument under regulation 11.215 of CASR 1998. Any breach of the conditions set out in the exemption could lead to civil or criminal consequences. The maximum penalties for such breaches depend on the severity of the violation and the specific provisions of the CASR 1998 that were breached. Under the LIA, the exemption is a legislative instrument that is subject to parliamentary oversight, and failure to comply with the conditions could result in disallowance of the instrument by Parliament. This oversight ensures that the exemption is in the interests of public safety and does not compromise the integrity of the aviation safety standards set by CASA. The exemption is effective from 1 December 2006 and ceases to have effect at the end of 31 October 2009, providing a clear timeframe for its operation.