CASA EX76/09 – Exemption – participation in land and hold short operations

Overview

The Civil Aviation Safety Regulations 1998, as amended by F2009L03572, address the need for safety and regulatory flexibility in air navigation, particularly concerning land and hold short operations (LAHSO). Enacted under the authority of the Civil Aviation Act 1988, the Australian Parliament empowers the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions where necessary for the safety of air navigation. This particular exemption was introduced to allow Airbus A321 aircraft, operated by Jetstar within their network, to participate in LAHSO. This operation, which involves aircraft landing on one runway while another aircraft takes off or lands on another runway simultaneously, requires strict adherence to safety standards. The exemption is subject to the tabling and disallowance provisions of the Legislative Instruments Act 2003, ensuring parliamentary oversight. While the instrument is a renewal of a previous exemption and maintains industry benefits, it did not undergo consultation as mandated by the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, provide the regulatory framework for ensuring the safety of air navigation in Australia. This particular legislative instrument concerns an exemption for Airbus A321 aircraft operated by Jetstar to participate in land and hold short operations (LAHSO). These operations involve an aircraft landing on one runway while another aircraft takes off or lands on another runway at the same time. The exemption allows Jetstar's Airbus A321 aircraft, which meet specific performance criteria, to engage in LAHSO operations within the Jetstar network. This exemption is granted under the authority provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The exemption applies to Jetstar and its Airbus A321 aircraft, ensuring that these operations are conducted safely. The exemption is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. It is a renewal of a previous exemption, CASA EX23/08, which is set to expire at the end of September 2009, and it mirrors similar exemptions granted to other operators, such as Qantas Airways Limited. The instrument comes into effect on 1 October 2009 and has been issued by a delegate of the Civil Aviation Safety Authority (CASA) in accordance with the relevant regulations.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions that allow the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory requirements under specific conditions. Under subsection 98(1) of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation, and subregulation 11.160(1) of the CASR 1998 empowers CASA to grant exemptions from these regulations. This authority extends to individuals or classes of persons, as outlined in subregulation 11.160(2), and any conditions imposed on such exemptions must be necessary for the safety of air navigation, as stipulated in subregulation 11.205(1). The exemption in question pertains to land and hold short operations (LAHSO), where an aircraft lands on one runway while another aircraft takes off or lands on a different runway simultaneously. According to subregulation 172.065(1) of the CASR 1998, Air Traffic Service (ATS) providers must adhere to specified standards, including those outlined in the Manual of Standards (MOS) Part 172. The MOS sets forth requirements for conducting LAHSO, which are further detailed in subsections 10.13.5.3, 10.13.5.4, and 10.13.5.7. These subsections indicate that foreign-registered commercial aircraft of performance categories A, B, or C are not permitted to participate in LAHSO. However, CASA has decided to issue an exemption allowing specific Airbus A321 aircraft to engage in LAHSO, given their capability to comply with the published LAHSO landing distances under normal operating conditions within the Jetstar network. CASA's decision to grant this exemption is rooted in its authority under the Legislative Instruments Act 2003 (LIA). According to subparagraph 6(d)(i) of the LIA, an instrument is considered a legislative instrument if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Regulation 11.215 of the CASR 1998 specifies that an instrument granting an exemption is a disallowable instrument, making the exemption subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. Although consultation under section 17 of the LIA was not undertaken for this exemption, it is a renewal of instrument CASA EX23/08, which expires at the end of September 2009. This exemption is similar to those previously granted to Qantas Airways Limited and another operator and is deemed beneficial to the industry. The exemption, numbered CASA EX76/09, comes into effect on 1 October 2009 and has been made by a delegate of CASA appointed under regulation 11.260 of the CASR 1998. The exemption carries with it specific obligations and requirements for the parties involved. CASA must ensure that the conditions imposed on the exemption are strictly adhered to, particularly in the interest of maintaining the safety of air navigation. The Airbus A321 aircraft, benefiting from the exemption, must comply with the stipulated LAHSO landing distances under normal operating conditions. Additionally, ATS providers must ensure that their services are provided in accordance with the specified standards, including those set out in the MOS Part 172. Any deviation from these conditions could potentially compromise the safety of air navigation and result in serious consequences. Moreover, the exemption is subject to the disallowance process under the LIA, meaning that Parliament has the authority to review and potentially disallow the exemption if deemed inappropriate. Failure to comply with the conditions of the exemption or any other relevant provisions of the CASR 1998 can result in various civil and criminal consequences. While the specific penalties for breach are not detailed in the provided text, it is common for breaches of civil aviation regulations to result in fines, suspension or revocation of licenses, or other regulatory actions. In more severe cases, particularly if the breach leads to an accident or incident, criminal charges may be brought against the responsible parties. The severity of the penalties often depends on the nature and extent of the breach, as well as any resulting harm or risk to public safety. Given the critical nature of air navigation safety, CASA is likely to enforce the regulations strictly to prevent any compromise in safety standards.