CASA EX67/10 – Exemption – from standard take-off minima – Express Freighters Australia

Overview

The Civil Aviation Regulations 1988 were amended by the instrument F2010L02350 to provide an exemption from standard take-off minima for Express Freighters Australia. Enacted to address the specific operational needs of Express Freighters Australia, this instrument was created under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations concerning the safety of air navigation. The Civil Aviation (All Amendment) Regulations 2010, as amended, further delegate the power to the Civil Aviation Safety Authority (CASA) to determine and enforce meteorological minima for take-off and landing, with the aim of ensuring safety standards are met. The exemption provided by this instrument allows Express Freighters Australia to operate under conditions of lower visibility than the standard minima, subject to specific conditions designed to maintain safety, such as the use of high-intensity runway edge lighting on runways with less than 350 metres of visual range. This exemption is a legislative instrument subject to tabling and disallowance in the Parliament, as per the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) govern various aspects of civil aviation in Australia, including the establishment of meteorological minima for take-off and landing at aerodromes. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to determine and publish these minima, which include a standard visibility requirement of 550 metres for take-off both within and outside Australian territory. However, CASA also has the authority to issue exemptions from these standard minima under subregulation 308(1) of the CAR 1988, provided that any such exemption considers the interests of safety and can be subject to conditions necessary for maintaining safety. An example of such an exemption is the exemption granted to Express Freighters Australia, which allows certain aircraft operated by the company to take off in lower visibility conditions than the standard 550 metres, subject to specific safety conditions and requirements including the use of high-intensity runway edge lighting on runways with less than 350 metres runway visual range. This exemption, declared under the Legislative Instruments Act 2003, is a disallowable instrument and thus subject to tabling and disallowance in Parliament. The exemption, which does not require a Regulation Impact Statement due to its expected minimal impact on business, is effective from its registration until the end of 31 August 2012.

Key Provisions

The key operative sections of this legislation pertain to the exemption of certain aircraft from standard meteorological minima for take-off. Section 98 of the Civil Aviation Act 1988 (the Act) provides the basis for the Governor-General to create regulations for aviation safety. This is further specified under subregulation 257(1) of the Civil Aviation Regulations 1988 (CAR 1988), which allows the Civil Aviation Safety Authority (CASA) to determine the meteorological minima for landing or take-off at an aerodrome, and these determinations must be published in the Aeronautical Information Publication (AIP) or Notice to Airmen System (NOTAMS). CASA 237/10 sets the standard meteorological minima for take-off, with a minimum visibility of 550 metres, although exemptions can be applied for operations in lesser minimum visibility. Under subregulation 308(1) of CAR 1988, CASA can exempt aircraft or associated persons from specified provisions of the CAR 1988, provided safety considerations are taken into account, and any exemptions are subject to conditions necessary for safety. This Act imposes several obligations on Express Freighters Australia Pty Ltd, including ensuring that specified visibility standards are met for take-offs that can only be performed at properly equipped aerodromes. Flight crew must meet training, experience, recency, and competency benchmarks, and aircraft must be maintained to required standards. Operational restrictions and limitations must be observed, and necessary foreign approvals for the operations must be obtained. Express Freighters must also carry a range of documents for inspection on board the aircraft. These requirements are designed to ensure that the operations remain within safe parameters, even when operating under an exemption from the standard meteorological minima. In terms of penalties and consequences for non-compliance, subregulation 308(3A) of CAR 1988 states that it is an offence to contravene a condition of an exemption that is being relied upon for an operation. This means that if Express Freighters or any associated person fails to adhere to the conditions set out in the exemption, they could be subject to legal action. The nature and severity of penalties would depend on the specific breach and the regulatory framework under which CASA operates. However, the overarching aim is to ensure that any exemptions do not compromise safety. Finally, the legislation is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. Although consultation under section 17 of the LIA has not been undertaken in this instance, the Office of Best Practice Regulation (OBPR) has determined that a Regulation Impact Statement is not required due to the minimal impact on business compliance costs. The exemption is set to commence on the day after it is registered and will cease to have effect at the end of 31 August 2012. This temporary nature of the exemption ensures that the safety standards remain flexible enough to adapt to operational needs while still maintaining stringent safety protocols.