Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off minima – Jetstar
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 550 metres. 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 EX47/10) exempting A320 and A321 aeroplanes operated by Jetstar Airways Pty Limited (Jetstar) 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 10, applies only to runways with less than 350 metres runway visual range. This is in accordance with accepted aviation safety practices. Instrument CASA EX47/10 applied the need for HIRL to all runways.
In other respects, the conditions of the exemptions are the same. The operator must ensure that specified visibility standards are met for take-offs, which may be performed only at aerodromes properly equipped to support them. 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.
A note in the instrument refers to the separate exemption that applies to both take-offs and landings by Jetstar aircraft and contains additional training requirements for the flight crew.
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 Jetstar to enable low visibility take-offs 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. Previous instruments have been issued for that purpose to both local and foreign airlines.
Office of Best Practice Regulation (OBPR)
The exemption would be of beneficial effect to the operator. The OBPR has previously not required preparation of a Regulation Impact Statement for similar exemptions because a preliminary assessment of business compliance costs in the context of those exemptions indicates that they 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 EX70/10]
Overview
The Civil Aviation Regulations 1988, as amended by F2010L02354, address a specific operational need for Jetstar Airways Pty Limited (Jetstar) to conduct take-offs in lower visibility conditions than the standard minima set by the Civil Aviation Act 1988. This legislation, enacted to support the safety of air navigation, allows the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulatory provisions to ensure that these operations are conducted safely. The exemption, declared as a disallowable instrument under the Legislative Instruments Act 2003, was made by the Director of Aviation Safety on behalf of CASA, with the objective of enabling Jetstar to perform low visibility take-offs both within and outside Australian territory, provided specific safety conditions are met. This includes ensuring that flight crew training, aircraft equipment, and operational protocols align with stringent safety benchmarks. The instrument, which replaces a previous exemption with minor adjustments, is subject to disallowance by the Parliament and is set to remain in effect until the end of 31 August 2012.
Scope and Application
The Civil Aviation Regulations 1988, as amended by instrument CASA EX70/10, provide an exemption for A320 and A321 aeroplanes operated by Jetstar Airways Pty Limited from the standard meteorological minima for take-off. This exemption applies to both domestic and international operations and is limited to specific conditions designed to ensure safety. The exemption allows for take-offs in conditions of lesser visibility than the standard minima, provided that certain requirements are met, such as the use of high intensity runway edge lighting on runways with less than 350 metres runway visual range, adherence to specified visibility standards, and compliance with detailed operational restrictions and limitations. Flight crew must meet specific training, experience, recency, and competency benchmarks, and aircraft equipment must be maintained and inspected according to regulatory standards. Additionally, the exemption requires the operator to obtain appropriate foreign approvals and carry a range of documents for inspection on board the aircraft. The exemption is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. While consultation under the Legislative Instruments Act has not been undertaken in this instance, the exemption is consistent with accepted aviation safety practices and does not compromise safety standards. The instrument, which revokes and replaces a previous exemption, will be in effect until the end of 31 August 2012.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 provide the framework for the safety of air navigation in Australia. Specifically, subregulation 257(1) of CAR 1988 grants the Civil Aviation Safety Authority (CASA) the authority to determine the meteorological minima for take-off and landing at aerodromes, which are to be published in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAMS). Subregulation 257(3) further stipulates that it is an offence for an aircraft to take off if the actual meteorological conditions fall below the determined minima for that operation. The standard meteorological minima for take-off, as determined in CASA instrument 237/10, is a visibility of 550 metres, and an exemption is required to operate in lower visibility conditions. CASA can exempt aircraft or persons associated with the aircraft from specified provisions of CAR 1988 under subregulation 308(1), but any exemption must consider safety interests and can be subject to conditions under subregulation 308(2) and 308(3). Non-compliance with these conditions is an offence under subregulation 308(3A).
The obligations imposed by this legislation on Jetstar Airways Pty Limited (Jetstar) include ensuring that specified visibility standards are met for take-offs, which can only occur at properly equipped aerodromes. Jetstar must ensure flight crew training, experience, recency, and competency meet specified benchmarks, and that aircraft equipment is maintained. Operational restrictions and limitations must be observed, and foreign approvals for the operations must be obtained. A range of documents must be carried on board the aircraft for inspection. These obligations are critical to ensuring that Jetstar can safely conduct low visibility take-offs under the terms of the exemption granted by CASA.
Breaching the conditions of the exemption or contravening the meteorological minima without an appropriate exemption can result in serious legal consequences. Under subregulation 308(3A) of CAR 1988, it is an offence to contravene a condition of an exemption that is being relied upon for an operation, and penalties for such offences can be substantial. Additionally, the exemption itself is a legislative instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA), making it subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. The exemption, CASA EX70/10, commences on the day after it is registered and ceases to have effect at the end of 31 August 2012. Failure to comply with these provisions could result in civil or criminal penalties, including fines and potential imprisonment.