CASA EX80/14 - Repeal of CASA EX117/13 – exemption from standard take-off minima – Jetstar Airways

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to regulate and ensure the safety of civil aviation within Australia. These regulations are designed to provide a comprehensive framework that addresses various safety aspects, including the setting of standard meteorological minima for take-off and landing. The problem or gap addressed by this piece of legislation is the need for specific exemptions to allow certain operations under conditions that would otherwise be prohibited by the standard minima. The Civil Aviation Safety Authority (CASA), which is the body responsible for enforcing and administering the CASR 1998, was the enacting authority in this instance. The policy objective behind this repeal and replacement of an exemption is to ensure that the operations of Jetstar Airways can proceed safely under reduced visibility conditions, as assessed and approved by CASA based on the operator's compliance with relevant training, procedures, and equipment standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) apply to aviation activities within Australian territory and its airspace, governing various aspects of civil aviation operations, including safety standards, licensing, and exemptions. Specifically, the repealed exemption CASA EX117/13, which allowed Jetstar Airways Pty Limited to operate B787-8 aeroplanes under reduced meteorological minima for take-off, has been replaced by a non-legislative instrument. The repealed exemption, which was initially in place to allow Jetstar Airways to comply with lower take-off minima, has been revoked as the operator has applied for a reissue of the exemption under a new instrument. This new instrument not only covers reduced take-off minima but also reduced visibility Category II landings, reflecting an expansion in scope deemed appropriate by the Civil Aviation Safety Authority (CASA) following an assessment of the operator’s flight crew training, procedures, and equipment. The new instrument is not considered legislative in nature as it pertains to a specific operator rather than a class of aeroplanes or persons. The repeal and replacement of CASA EX117/13 demonstrate CASA's regulatory approach to ensuring aviation safety while accommodating specific operational needs, subject to rigorous assessment and compliance with civil aviation standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions that govern the determination of standard meteorological minima for take-off and landing, as outlined in instrument CASA 70/11 and AIP En Route 1.5, section 4 (subsection 11.160(1)). These minima, which can be as low as 550 metres for visibility, require an exemption for lower minimum visibility operations (subsection 11.160(2)). Subregulation 11.160(1) permits the Civil Aviation Safety Authority (CASA) to grant exemptions from regulation provisions, including the Civil Aviation Regulations 1988, where specified conditions are met. The Act imposes certain obligations and requirements on Jetstar Airways, as well as on CASA, regarding the exemption from standard take-off minima. CASA must assess the operator's flight crew training, procedures, and equipment before granting or expanding an exemption. The operator must ensure that their operations comply with any granted exemptions and maintain appropriate safety standards. CASA’s assessment and approval process ensures that the exemptions are granted only when safety is not compromised. There are no specific offences, penalties, or consequences mentioned in the repealed exemption CASA EX117/13 or in the new instrument CASA EX80/14. However, failure to comply with the conditions of an exemption or to meet the safety standards set by CASA can lead to regulatory action, including potential revocation of the exemption or other enforcement measures. The repealed exemption CASA EX117/13 is no longer required because a new non-legislative instrument has been issued, reflecting the specific operations of Jetstar Airways rather than a broader class of aircraft or operators. The new instrument CASA EX80/14 expands the scope of the exemption to include not only reduced take-off minima but also reduced visibility Category II landings. This expanded scope was deemed appropriate by CASA following a review of Jetstar Airways' flight crew training, procedures, and equipment. The instrument is made under subsection 73(2) of the Act and commences on the day of registration, expiring the day after registration as if repealed by another instrument. Additionally, a Statement of Compatibility with Human Rights confirms the compatibility of this legislative instrument with human rights, as it does not engage any of the applicable rights or freedoms.