CASA EX69/10 – Exemption – from standard take-off and landing minima – Jetstar

Overview

The Civil Aviation Regulations 1988, amended by instrument CASA EX69/10, aim to exempt Jetstar Airways from standard take-off and landing minima, addressing the need for low visibility operations. Enacted under the authority of the Civil Aviation Act 1988, this legislation empowers the Governor-General to establish safety regulations for air navigation, with the Civil Aviation Safety Authority (CASA) determining the specific meteorological minima for landing and take-off at aerodromes. The primary objective of this exemption is to facilitate Jetstar's operations in conditions of lesser visibility than the standard minima, thereby enhancing operational flexibility and efficiency while ensuring compliance with stringent safety standards. The exemption allows Jetstar to conduct take-offs and landings in reduced visibility, provided specific conditions are met, including adherence to visibility benchmarks, proper aircraft equipment maintenance, and compliance with operational restrictions. The instrument also mandates that Jetstar obtain necessary foreign approvals and carry required documents on board. This regulation, a legislative instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in the Parliament, although consultation under the Legislative Instruments Act was deemed unnecessary in this instance. The exemption, which replaces an earlier instrument, is effective until 31 August 2012 and is intended to benefit the operator without significantly impacting business compliance costs.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) govern the safety of air navigation in Australia and are enforced by the Civil Aviation Safety Authority (CASA). Under Section 98 of the Civil Aviation Act 1988, CASA has the authority to make regulations that pertain to aviation safety, including setting meteorological minima for take-off and landing at aerodromes, which must be published in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAMS). Specifically, CASA 237/10 sets the standard minimum visibility for take-off at 550 metres and for landing at 800 metres or 550 metres RVR, if conditions are met, both inside and outside Australian territory. However, CASA can issue exemptions from these minima under subregulation 308(1) of CAR 1988, provided that any exemption is made in the interests of safety, taking into account relevant considerations. The instrument CASA EX69/10 exempts A320 and A321 aeroplanes operated by Jetstar Airways Pty Limited from the standard meteorological minima for take-off, with specific conditions to ensure safety, including the use of high intensity runway edge lighting on runways with less than 350 metres runway visual range, and mandates that operations must only occur at aerodromes equipped for low visibility operations. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) pertinent to this exemption pertain to the determination of meteorological minima for take-off and landing, as well as the process for granting exemptions from these minima. Under subregulation 257(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) is empowered to determine the meteorological minima for landing or take-off at an aerodrome, which must then be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM) (subregulation 257(2)). Additionally, subregulation 257(3) stipulates that it is an offence for an aircraft to take off if any element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome. Further, 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, provided that any relevant considerations relating to the interests of safety are taken into account (subregulation 308(2)). Moreover, CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety (subregulation 308(3)). The obligations and requirements imposed on Jetstar Airways Pty Limited (Jetstar) by the exemption are multifaceted. Firstly, Jetstar must ensure that specified visibility standards are met for take-offs and landings, which may only be performed at aerodromes properly equipped to support low visibility operations conducted under the exemption. Additionally, flight crew training, experience, recency, and competency must meet specified benchmarks. Jetstar must also ensure that aircraft equipment is maintained, operational restrictions and limitations are observed, and appropriate foreign approvals for the operations are obtained. A range of documents must also be carried on board the aircraft for inspection. These requirements are intended to ensure that Jetstar's operations under the exemption do not compromise aviation safety. There are several potential consequences for Jetstar if it breaches the terms of the exemption. Firstly, under subregulation 308(3A) of CAR 1988, it is an offence to contravene a condition of an exemption that is otherwise being relied upon for an operation. Such an offence is subject to a penalty of up to 500 penalty units, which equates to approximately AUD 55,000 at the time of writing. Furthermore, under section 91 of the Civil Aviation Act 1988, any person who contravenes a regulation is liable to a penalty of up to 50 penalty units, which equates to approximately AUD 5,500 at the time of writing. Additionally, under section 92 of the Civil Aviation Act 1988, any person who is convicted of an offence against the Act is liable to imprisonment for up to two years. These penalties and consequences serve to deter Jetstar from breaching the terms of the exemption and to ensure that it prioritises aviation safety in all its operations.