CASA EX67/14 - Exemption — participation in land and hold short operations (Qantas Airways Limited)

Overview

The Civil Aviation Safety Regulations 1998 were enacted to provide a framework for ensuring the safety of civil aviation operations in Australia. These regulations, empowered by the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions when necessary for maintaining an acceptable level of safety. The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions that mandate air traffic service providers to adhere to specific standards, particularly those outlined in the Manual of Standards Part 172 (MOS Part 172), which details the conduct of land and hold short operations (LAHSO). These operations involve simultaneous landing and take-off activities on intersecting runways, with certain aircraft performance categories specified as eligible for participation. However, aircraft of performance category D, including the Boeing 767-300 series operated by Qantas Airways Limited, were previously excluded from participating in LAHSO under the new standards introduced by MOS Part 172. To address this, CASA issued an exemption allowing Qantas's B767-300 series aircraft to engage in LAHSO, ensuring the continuation of safe operations while considering the specific capabilities and safety records of the aircraft in question.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue exemptions from compliance with certain regulations to ensure the safety of air navigation. This particular legislative instrument, CASA EX67/14, grants an exemption to Qantas Airways Limited, specifically allowing their Boeing 767-300 series aircraft to participate in land and hold short operations (LAHSO). This exemption applies to a class of persons, namely air traffic service (ATS) providers, and a class of aircraft, being the Boeing 767-300 series operated by Qantas Airways Limited. It is a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption aligns with the standards set out in the Manual of Standards Part 172 but overrides the exclusion of performance category D aircraft from participating in LAHSO. CASA has determined that this exemption preserves an acceptable level of aviation safety. The instrument, which commenced on 1 August 2014, expires at the end of July 2017 unless otherwise repealed.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 permit the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain regulations to maintain the safety of air navigation. Under subregulation 11.160(1) of the CASR 1998, CASA can grant exemptions from compliance with specific provisions of the regulations, while subregulation 11.160(2) allows these exemptions to apply to a person or a class of persons. Furthermore, subregulation 11.205(1) authorises CASA to impose any conditions necessary for the safety of air navigation on these exemptions. The Manual of Standards Part 172 (MOS Part 172) specifies the standards for air traffic services, including the conduct of land and hold short operations (LAHSO), which involve aircraft landing on one runway while another aircraft takes off or lands on another runway simultaneously. Under the provisions of the MOS Part 172, certain aircraft categories are permitted to participate in LAHSO. Specifically, aircraft of performance categories A, B, and C are eligible, while those in category D are excluded. Boeing 767-300 series aircraft operated by Qantas Airways Limited fall under performance category D and were previously allowed to participate in LAHSO under a CASA approval. However, the introduction of MOS Part 172 has overridden this approval. CASA has issued an exemption to allow Qantas Airways Limited's B767-300 series aircraft to conduct LAHSO, considering that this exemption maintains an acceptable level of aviation safety under subregulation 11.170(3) of the CASR 1998. CASA's authority to grant this exemption is grounded in the Civil Aviation Act 1988, particularly subsection 98(1), which empowers the Governor-General to make regulations for the Act and the safety of air navigation. The exemption, being applicable to a class of persons (ATS providers) and a class of aircraft (B767-300 series aircraft), is considered a legislative instrument under subsection 98(5A) of the Act. Consequently, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The exemption is issued in response to a request from the operator and continues a previous exemption, CASA EX112/12, which expired at the end of July 2014. The exemption carries no specific offences, penalties, or civil/criminal consequences for breach, as it is a safety measure designed to maintain acceptable levels of aviation safety. However, any breach of the conditions imposed on the exemption could lead to CASA taking remedial action to ensure compliance with the safety standards. The exemption is subject to review and may be revoked or amended if it is found to no longer serve the purpose of maintaining safety in air navigation. The exemption is effective from 1 August 2014 and expires at the end of July 2017, as if it had been repealed by another instrument.