Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – Qantas
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 was made in instrument CASA 237/10. The minima are also set out in AIP En Route 1.5, sections 4.3 and 4.4. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 500 metres (proposed to become 550 metres). If conditions are met, the minimum visibility for landing inside or outside Australian territory is 800 metres, or 550 metres RVR. An exemption would be required to operate in lesser minimum visibility.
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. Under subregulation 308 (3A), it is an offence to contravene a condition of an exemption that is otherwise being relied upon for an operation.
CASA had issued an instrument (CASA EX19/10) exempting various aeroplanes operated by Qantas Airways Limited (Qantas) from the standard meteorological minima for take‑off. This instrument revokes and replaces that exemption. There has been only 1 change made to the terms of the previous exemption. The need to use high intensity runway edge lighting (HIRL) as opposed to ordinary runway edge lighting, mentioned in Schedule 2, clause 13, applies only to runways with less than 350 metres runway visual range. This is in accordance with recognised aviation safety standards. Instrument CASA EX19/10 applied the need for HIRL to all runways.
Among other conditions, the operator must ensure that specified visibility standards are met for take-offs and landings, which may be performed only at aerodromes properly equipped to support the low visibility operations conducted under the exemption. Flight crew training, experience, recency and competency must meet specified benchmarks. Aircraft equipment must be maintained. Operational restrictions and limitations must be observed. Appropriate foreign approvals for the operations must be obtained. A range of documents for inspection must be carried on board the aircraft.
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 Qantas to enable low visibility take-offs and CAT II and CAT III landings inside and outside Australian territory consistent with the standards and requirements specified in the instrument which are not considered prejudicial to the interests of safety. The instrument replaces another instrument issued for the same purpose.
Office of Best Practice Regulation (OBPR)
The exemption would be of beneficial effect to the operator. The OBPR does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that it will have only a nil to 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 EX68/10]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Government, establish the safety standards for air navigation and operations within Australian territory. These regulations empower the Civil Aviation Safety Authority (CASA) to set meteorological minima for take-off and landing at aerodromes, ensuring that safety is prioritised. The authority to create these regulations stems from Section 98 of the Civil Aviation Act 1988, which allows the Governor-General to enact provisions for aviation safety. This specific legislative instrument, CASA EX68/10, issued by CASA, provides an exemption for Qantas Airways Limited from the standard meteorological minima for take-off, subject to various safety conditions. This exemption is designed to allow Qantas to conduct low visibility operations in accordance with specified standards, thereby facilitating efficient operations while maintaining safety. The instrument is subject to disallowance by Parliament, reflecting the importance of legislative oversight in safety-critical areas.
Scope and Application
The Civil Aviation Regulations 1988, under Section 98 of the Civil Aviation Act 1988, provide the regulatory framework for air navigation safety in Australia, empowering the Civil Aviation Safety Authority (CASA) to establish and enforce meteorological minima for take-off and landing at aerodromes. These minima are typically set at 500 metres for take-off and 800 metres for landing, but can be subject to exemption under certain conditions. CASA has the authority to exempt aircraft or persons associated with aircraft operations from specified provisions of the Civil Aviation Regulations 1988, provided that such exemptions are made in the interests of safety and any conditions specified in the exemption are adhered to. Qantas Airways Limited has been granted an exemption from the standard meteorological minima for take-off, allowing operations in conditions of lesser visibility, provided that certain safety benchmarks are met including flight crew qualifications, aircraft equipment standards, and operational restrictions. This exemption applies to Qantas operations both within and outside Australian territory and is subject to tabling and disallowance in Parliament as a legislative instrument under the Legislative Instruments Act 2003. The exemption, which is of nil to low impact on business, replaces a previous exemption and will cease to have effect by the end of August 2012.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) establish the regulatory framework for civil aviation in Australia, with particular emphasis on safety. Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General has the authority to make regulations concerning the Act and the safety of air navigation. Subregulation 257(1) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to determine the meteorological minima, or visibility requirements, for take-off and landing at aerodromes. These determinations must be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAMS), as per subregulation 257(2). Subregulation 257(3) specifies that it is an offence for an aircraft to take off if the meteorological conditions are below the determined minima for that operation. The current standard meteorological minima are set out in instrument CASA 237/10, with a proposed increase from 500 to 550 metres for take-off and 800 metres, or 550 metres RVR, for landing.
Under subregulation 308(1) of CAR 1988, CASA is authorised to exempt aircraft or individuals associated with aircraft operations from certain provisions of the CAR 1988. This exemption process must consider the interests of safety, as outlined in subregulation 308(2), and can be subject to specific conditions as deemed necessary for safety, as per subregulation 308(3). Non-compliance with these conditions is an offence, as stated in subregulation 308(3A). CASA issued an exemption (CASA EX19/10) for various aeroplanes operated by Qantas Airways Limited (Qantas), allowing them to operate under lower visibility minima than standard. This new exemption (CASA EX68/10) revises the previous one, primarily adjusting the requirement for high intensity runway edge lighting (HIRL) to apply only to runways with a visual range of less than 350 metres, aligning with recognised safety standards.
The exemption imposes several obligations on Qantas. These include ensuring that specified visibility standards are met, conducting take-offs and landings only at aerodromes equipped for low visibility operations, adhering to stringent flight crew training, experience, and competency requirements, maintaining aircraft equipment, observing operational restrictions and limitations, obtaining necessary foreign approvals, and carrying specified documents on board. Compliance with these requirements is essential to ensure that the exemption does not compromise aviation safety. The exemption also falls under the purview of the Legislative Instruments Act 2003 (LIA). As per subparagraph 6(d)(i) of the LIA, the exemption is considered a disallowable instrument, making it subject to tabling and disallowance in the Parliament, as per sections 38 and 42 of the LIA.
Failure to comply with the conditions of the exemption or the standard meteorological minima can result in civil or criminal penalties. Under subregulation 308(3A) of CAR 1988, contravening a condition of an exemption is an offence. Penalties for such offences may include fines and, in severe cases, imprisonment. The specific penalties depend on the nature and severity of the breach, as well as any relevant case law and regulatory guidelines. Ensuring compliance with these regulations is crucial for maintaining the high safety standards expected in Australian civil aviation.