CASA EX73/09 – Exemption – from take-off minima inside and outside Australian territory

Overview

The Civil Aviation Regulations 1988, as amended by F2009L03507, address the need for specific exemptions from standard take-off minima to enhance safety while accommodating the operational requirements of certain aircraft. Enacted by the Australian Parliament, this legislative instrument aims to facilitate low visibility take-offs for Airbus A320 and A321 aeroplanes operated by Jetstar Airways, both within and outside Australian territory, while ensuring that safety standards are rigorously maintained. The Civil Aviation (Airworthiness) Regulations 1988 empower the Civil Aviation Safety Authority (CASA) to grant such exemptions, subject to stringent conditions that include adherence to particular air traffic control procedures, minimum runway visibility conditions, and pilot training requirements, thus aligning with the overarching policy objective of preserving the highest safety standards in air navigation.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) govern the safety of air navigation within Australia, and the regulations include specific provisions for determining meteorological minima for take-offs at aerodromes. The instrument in question exempts Airbus A320 and Airbus A321 aeroplanes operated by Jetstar Airways Pty Limited from the standard minimum visibility requirements for take-offs within and outside Australian territory. This exemption allows for take-offs at a minimum visibility of 300 metres, subject to specific conditions designed to ensure the safety of air navigation. These conditions include adherence to air traffic control procedures, completion of approved low visibility take-off simulator training by pilots, and compliance with operational manual requirements. The exemption also mandates that the higher safety standards between Australia and the State of the aerodrome must be observed during take-off operations outside Australian territory. The instrument is subject to disallowance under the Legislative Instruments Act 2003 and was made by the Director of Aviation Safety on behalf of CASA. The exemption is effective from 1 October 2009 until 30 September 2011.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under Section 98 of the Civil Aviation Act 1988 provide a framework for ensuring the safety of air navigation. Specifically, subregulation 257(1) allows the Civil Aviation Safety Authority (CASA) to set meteorological minima for landing and take-off at aerodromes, which must be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM). For instance, the minimum visibility for take-off inside Australian territory is 500 metres when certain lighting conditions are met at the aerodrome (subregulation 257(2)). Subregulation 257(3) stipulates that it is an offence for an aircraft to take off if the meteorological conditions fall below the determined minima. Exemptions from these requirements can be made under subregulation 308(1), provided safety considerations are fully addressed and any conditions deemed necessary by CASA are met (subregulation 308(2) and (3)). The Civil Aviation Regulations 1988 mandate that CASA must consider safety as the paramount concern when granting exemptions. This means that any exemption from standard meteorological minima, such as the one for Airbus A320 and A321 aeroplanes operated by Jetstar Airways, must be justified and come with specific conditions to ensure safety. For example, low visibility take-offs are permissible only if certain air traffic control procedures are in place, and pilots must complete approved low visibility take-off simulator training and demonstrate competency regularly. Furthermore, the exemption allows a reduction in minimum runway visibility to 300 metres but mandates adherence to the higher safety standards if the State of the aerodrome imposes more restrictive conditions (subregulation 308(3)). Under the Legislative Instruments Act 2003, the exemption is classified as a disallowable instrument and is subject to parliamentary scrutiny. This means that the exemption must be tabled and can be disallowed by Parliament (subparagraph 6(d)(i)). The exemption is effective from 1 October 2009 until 30 September 2011 and renews a previous instrument that expired on 30 September 2009. Although consultation under section 17 of the Legislative Instruments Act 2003 was not undertaken, the exemption was made by the Director of Aviation Safety on behalf of CASA in accordance with subsection 84A(2) of the Act. Failure to comply with the conditions of the exemption or the stipulated meteorological minima can result in civil or criminal penalties as per the Civil Aviation Act 1988 and other relevant regulations.