CASA EX73/13 - Exemption – from standard landing minima – Boeing 737 fail-passive aircraft – Virgin Australia Airlines Pty Ltd

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Legislation au F2013L01400 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption – from standard landing minima – Boeing 737 fail-passive aircraft – Virgin Australia Airlines Pty Ltd

 

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 subregulations 257 (3) and (4), it is an offence for an aircraft to take-off or land 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 70/11. The minima are also set out in AIP En Route 1.5. If conditions are met, the minimum visibility for landing inside or outside Australian territory is 800 metres, or 550 metres runway visual range. An exemption would be required to operate with lower minimum visibility (low visibility operations or LVO).

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Instrument

The exemption exempts B737 (NG) aircraft with a fail‑passive automatic landing system operated by Virgin Australia Airlines Pty Ltd (the operator), from the standard meteorological minima for landing. Following a review of the rules governing low visibility operations, new exemptions have been issued to various operators, allowing them to use lower minima than was previously the case. This exemption states the lower minima for the aeroplanes, in respect of Category II low visibility landings, as well as the conditions for their use. For instance, the use of the lower minima will require the maximum cross-wind component to be below a specified velocity (see clause 12 in Schedule 2).

 

In essence, the operator must ensure that specified visibility standards are met for landings that 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

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of aircraft. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

 

Consultation

The operator has applied for this instrument of exemption. The instrument is required by the operator to enable it to conduct low visibility 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. CASA considers that no further consultation is appropriate or necessary as the instrument applies only to this aircraft operator.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day after registration. It expires at the end of June 2016, as if it had been repealed by another instrument.

 

[Instrument number CASA EX73/13]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption – from standard landing minima – Boeing 737 fail-passive aircraft –
Virgin Australia Airlines Pty Ltd

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument permits Virgin Australia Airlines Pty Ltd (the operator) to use minima lower than the standard landing meteorological visibility minima determined by CASA. The exemption is subject to conditions directed by CASA in the interest of safety.

 

The primary purpose of the legislative instrument is to allow aircraft operated by the operator to land using reduced visibility minima specified in the exemption. Use of the minima is subject to compliance with the stated conditions.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation in Australia, in line with the provisions of the Civil Aviation Act 1988. This legislation was introduced to address the need for regulatory flexibility in the operation of aircraft under varying weather conditions while maintaining stringent safety standards. The Civil Aviation Safety Regulations 1998 were developed by the Civil Aviation Safety Authority (CASA) under the authority granted by the Act, which empowers CASA to make regulations necessary for the safety of air navigation. The primary policy objective of these regulations is to provide a regulatory framework that balances operational efficiency with the paramount importance of safety. CASA has the power to set meteorological minima for landing and take-off at aerodromes, and this instrument specifically exempts Boeing 737 fail-passive aircraft operated by Virgin Australia Airlines Pty Ltd from the standard landing minima, subject to specific conditions to ensure safety. This exemption allows the operator to conduct low visibility operations under defined parameters, including specific visibility standards, crew qualifications, aircraft maintenance, and operational restrictions.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, provide for the regulation of air safety in Australia, including the setting of meteorological minima for landing and take-off. Subregulations 11.160 and 11.205 of these regulations empower the Civil Aviation Safety Authority (CASA) to grant exemptions from these standards, provided that safety can be maintained. The specific exemption in question applies to Boeing 737 aircraft equipped with a fail-passive automatic landing system operated by Virgin Australia Airlines Pty Ltd, allowing them to use lower visibility minima for landing at approved aerodromes, subject to CASA-imposed conditions. These conditions include maintaining specific flight crew qualifications, aircraft equipment standards, and operational limitations to ensure safety. The exemption is a legislative instrument and is subject to parliamentary scrutiny and tabling under the Legislative Instruments Act 2003. The exemption is specific to the named operator and aircraft and is not subject to further consultation beyond the operator's application. This exemption is compatible with human rights as it does not engage any of the rights or freedoms recognised in international human rights instruments.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions that permit exemptions from standard landing minima for certain aircraft operated by specified airlines. Section 11.160(1) of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from regulatory provisions, including those set out in the Civil Aviation Regulations 1988 (CAR 1988), to a person or a class of persons, in accordance with the powers granted under section 98 of the Civil Aviation Act 1988. This exemption specifically applies to Boeing 737 fail-passive aircraft operated by Virgin Australia Airlines Pty Ltd. Such exemptions are subject to conditions that CASA may impose, as stipulated in section 11.205(1) of the CASR 1998, to ensure the safety of air navigation. The exemption, once granted, must be published on the Internet and will cease no later than three years after its commencement unless a specific end date is stated within the exemption itself. The obligations imposed on Virgin Australia Airlines Pty Ltd by this exemption include ensuring that specified visibility standards are met for landings, which can only be performed at aerodromes equipped to support low visibility operations as per the exemption's conditions. Flight crew must meet specified training, experience, recency, and competency benchmarks. Aircraft equipment must be maintained according to the stipulated standards. Operational restrictions and limitations must be strictly observed, and any required foreign approvals for these operations must be obtained. Additionally, a range of documents must be carried on board the aircraft for inspection purposes. Compliance with these conditions is mandatory to operate under the exemption. Should Virgin Australia Airlines Pty Ltd fail to comply with the conditions of the exemption, it may be subject to enforcement actions. While the specific civil or criminal penalties are not detailed within the text, CASA generally has the authority to enforce compliance through various means, including fines, suspension or revocation of operational licences, and other regulatory measures. The severity of the penalty would depend on the nature and extent of the breach, but it is reasonable to infer that significant non-compliance could result in severe consequences for the operator. The exemption is a legislative instrument and is subject to parliamentary scrutiny under the Legislative Instruments Act 2003, ensuring transparency and accountability in its application.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.