CASA EX74/09 – Exemption – from take-off and landing minima inside and outside Australian territory

Overview

The Civil Aviation Regulations 1988, amended by instrument F2009L03517, addresses the need to accommodate low visibility take-off operations for specific aircraft within and outside Australian territory. Enacted under the authority of the Civil Aviation Act 1988, the instrument provides an exemption for Airbus A330 aeroplanes operated by Jetstar Airways from the standard minimum visibility requirements for take-off. This was introduced to facilitate operations in conditions of reduced visibility while ensuring the safety of air navigation. The exemption allows the minimum runway visibility to be reduced to 300 metres, provided that stringent conditions are met, including adherence to specific air traffic control procedures, compliance with the operator's manual, and completion of approved low visibility take-off simulator training by pilots. The instrument, which is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, renews an existing exemption and is set to be in effect until the end of September 2011.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 provide a framework for regulating civil aviation safety in Australia. Section 98 of the Act empowers the Governor-General to make regulations for the Act, and under subregulation 257, the Civil Aviation Safety Authority (CASA) is authorised to determine the meteorological minima for take-off and landing at aerodromes, which must be published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMS). The exemption in question specifically applies to Airbus A330 aeroplanes operated by Jetstar Airways Pty Limited, both inside and outside Australian territory. It allows these aircraft to take off with a minimum runway visibility of 300 metres instead of the standard 500 metres, subject to certain safety conditions. These conditions include adherence to specific air traffic control procedures, compliance with the operator's Operations Manual, and the completion of approved low visibility take-off simulator training by each pilot, along with annual competency demonstrations. Furthermore, the exemption stipulates that the higher safety requirements between the Australian regulations and those of the State of the aerodrome must be observed, ensuring consistency and safety in operations. The exemption is subject to tabling and disallowance in Parliament, and while consultation under the Legislative Instruments Act 2003 was not undertaken, it renews an existing exemption that was set to expire at the end of September 2009.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) include specific provisions that regulate meteorological minima for take-off and landing operations. Under subregulation 257(1) of the CAR 1988, the Civil Aviation Safety Authority (CASA) has the authority to determine the visibility requirements for landing or take-off at an aerodrome. These determinations are then published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM). According to subregulation 257(3), it is an offence for an aircraft to take off if the meteorological conditions do not meet the determined minima for the aircraft at the aerodrome. The Civil Aviation Regulations 1988 also allow CASA to exempt aircraft or persons associated with the operation of the aircraft from specified provisions of the CAR 1988 under subregulation 308(1). Before granting an exemption, CASA must consider all relevant safety considerations as stipulated in subregulation 308(2). Furthermore, any exemption may be subject to conditions deemed necessary for safety, as outlined in subregulation 308(3). The instrument in question exempts Airbus A330 aeroplanes operated by Jetstar Airways Pty Limited from the minimum visibility requirements set forth in CASA instrument CASA 146/08. This exemption permits these aeroplanes to take off in conditions of lower visibility, specifically reducing the minimum runway visibility to 300 metres both inside and outside Australian territory. This exemption is subject to several conditions designed to ensure the safety of air navigation. For instance, low visibility take-offs are only permitted when specific air traffic control procedures are in place. The operator’s Operations Manual must be strictly followed, and pilots must complete approved low visibility take-off simulator training and demonstrate their competency annually. Breaching the conditions of the exemption or failing to comply with the specified visibility requirements can result in legal consequences. Under the Civil Aviation Act 1988, it is an offence for an aircraft to take off if the meteorological conditions do not meet the determined minima for the aircraft at the aerodrome. The penalties for such breaches may include fines and other legal repercussions, depending on the severity of the violation and the specific circumstances of the case. The exemption is also subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, ensuring that the exemption complies with legislative oversight and scrutiny.