CASA EX69/07 - Exemption - from take-off and landing minima inside and outside Australian territory

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Government, address the need for specific safety regulations concerning air navigation. This Act empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, and the Civil Aviation Regulations 1988 provide the framework for these regulations. Section 98 of the Civil Aviation Act 1988 grants authority to the Civil Aviation Safety Authority (CASA) to determine meteorological minima for landing and take-off at aerodromes, which must be published and adhered to strictly. In response to the operator's request for an exemption to enable low visibility take-offs, CASA has issued an exemption instrument under subregulation 308 of the Civil Aviation Regulations 1988, subject to stringent conditions to maintain safety standards. This exemption allows Airbus A330 aeroplanes operated by Jetstar Airways Pty Limited to take off in conditions of lower visibility, provided specific safety measures and procedures are strictly followed, thereby addressing operational needs while ensuring the highest safety standards.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide for exemptions from specified regulatory requirements to ensure the safety of air navigation, as empowered by the Civil Aviation Act 1988. Specifically, subregulation 308(1) of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with their operation from certain provisions, provided safety considerations are taken into account. This exemption applies to Airbus A330 aeroplanes operated by Jetstar Airways Pty Limited, both inside and outside Australian territory, from the standard minimum visibility requirements for take-off. Under this exemption, the minimum runway visibility can be reduced to 300 metres, subject to conditions designed to maintain safety, such as adherence to specific air traffic control procedures, mandatory pilot training and competency assessments, and compliance with the more stringent safety requirements of the State of the aerodrome when operating outside Australian territory. The exemption is subject to disallowance under the Legislative Instruments Act 2003 and is effective from the day after registration until 31 October 2009.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide a framework for the safety of air navigation in Australia, and one of its provisions under subregulation 257(1) allows the Civil Aviation Safety Authority (CASA) to determine the meteorological minima for take-off at aerodromes. These minima are typically published in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAMS) and are essential for ensuring safe aircraft operations. Under subregulation 257(3), it is an offence for an aircraft to take off if the prevailing visibility is below the specified minima. The standard meteorological minima, as detailed in CASA instrument 477/03, set the minimum visibility for take-off at 500 metres inside Australian territory for aerodromes with specific lighting and markings. Under subregulation 308(1) of the CAR 1988, CASA has the authority to exempt certain aircraft or individuals associated with the operation of these aircraft from complying with specified provisions of the regulations. This exemption process is governed by subregulation 308(2), which mandates that CASA consider all relevant safety considerations before granting an exemption, and by subregulation 308(3), which allows CASA to impose conditions on the exemption as necessary for safety. The instrument in question exempts Airbus A330 aeroplanes operated by Jetstar Airways Pty Limited from the minimum visibility requirements, permitting take-offs in conditions with a minimum visibility of 300 metres, both inside and outside Australian territory. The exemption imposed by the instrument is subject to several stringent conditions to ensure the safety of air navigation. For instance, low visibility take-offs are permitted only when specific air traffic control procedures are in place, and the operator’s Operations Manual must be adhered to. Pilots must complete approved low visibility take-off simulator training and demonstrate their competency in low visibility operations annually to a Category A or Category B check pilot. Additionally, the aircraft must not take off from a runway that necessitates specific turning manoeuvres soon after take-off if the visibility is below 500 metres. In the context of operations outside Australian territory, the aircraft must comply with the more stringent requirements of the State of the aerodrome. If the local requirements are less restrictive, the conditions set out in the instrument must be followed, ensuring that the higher safety standard is consistently observed. The instrument also outlines the legal framework and procedural requirements under the Legislative Instruments Act 2003 (LIA). Specifically, the exemption falls under subparagraph 6(d)(i) of the LIA as a disallowable instrument, which means it is subject to tabling and potential disallowance in Parliament under sections 38 and 42 of the LIA. Although consultation under section 17 of the LIA was not undertaken in this instance, the exemption is a renewal of an existing instrument and is considered necessary by the operator to align with their established practices, which are deemed safe. The instrument is effective from the day after its registration and ceases to have effect at the end of 31 October 2009. It was issued by a delegate of CASA in accordance with subregulation 7(1) of the CAR 1988, and a copy of the instrument is to be maintained in the operator’s manual.