CASA EX81/12 - Exemption — from standard take-off and landing minima – United and Continental Airlines

Overview

The Civil Aviation Safety Regulations 1998, as amended by the instrument CASA EX81/12, were enacted to address the need for exemptions from standard take-off and landing minima for specific airlines operating in Australia. This regulation was introduced to facilitate low visibility operations (LVO) by United Air Lines, Inc. and Continental Airlines, Inc., allowing them to conduct such operations at Melbourne airport in accordance with the standards set by the Federal Aviation Authority of the United States of America (FAA). The Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning the safety of air navigation, and the Civil Aviation Safety Regulations 1998 provide the framework for implementing these safety measures. The instrument is a legislative instrument subject to tabling and disallowance in the Parliament, as per the Legislative Instruments Act 2003. The exemption is compatible with human rights and does not require a Regulation Impact Statement due to its minimal impact on business compliance costs. This instrument aims to enhance safety while accommodating the specific operational needs of the airlines involved.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by F2012L01126, pertain to United Air Lines, Inc. and Continental Airlines, Inc., granting exemptions from standard take-off and landing minima for conducting low visibility operations within Australian territory. This exemption applies to specific aircraft types and mandates adherence to particular conditions to ensure safety during low visibility take-offs and landings, such as compliance with higher standards for runway lighting. The exemption is issued under the authority granted by section 98 of the Civil Aviation Act 1988, allowing the Civil Aviation Safety Authority (CASA) to issue instruments concerning the safe navigation and operation of aircraft. This particular exemption was necessitated by the operational merger of United Air Lines, Inc. and Continental Airlines, Inc., and the approval of Melbourne airport for Category II and III operations, which permit lower visibility minima than previously allowed. The exemption applies specifically to the entities named and their aircraft, and it must be exercised within the parameters set by CASA, ensuring that the operations do not compromise safety standards. The exemption is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament. It is compatible with human rights and freedoms as it does not raise any human rights issues. The exemption was made in response to a request by United Air Lines, Inc. and was deemed to have a nil to low impact on business compliance costs, thus not requiring a Regulation Impact Statement from the Office of Best Practice Regulation. The exemption commences on 1 June 2012 and ceases on 31 May 2015.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) permit the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions to ensure the safe navigation and operation of aircraft (section 11.160(1)). This is applicable to matters affecting the safe navigation and operation, or the airworthiness of, or design standards for, aircraft (section 98(5A) of the Civil Aviation Act 1988). Subregulation 11.160(1) of CASR 1998 outlines that CASA may grant such exemptions, which may apply to specific persons or classes of persons, and these exemptions can be published on the internet (subregulation 11.205(1)). The exemption must specify the conditions under which it applies and must cease no later than three years from its commencement unless a specific end date is stated (subregulation 11.230(1)). For the purpose of low visibility operations (LVO), CASA has issued an exemption for United Air Lines, Inc. and Continental Airlines, Inc., allowing them to conduct LVO in Australia under certain conditions (CASA EX81/12). The exemption requires operators to adhere to specified visibility standards for take-offs and landings, which can be performed only at aerodromes equipped to support LVO. The exemption also mandates that operations must be conducted in accordance with the approval issued by the Federal Aviation Authority of the United States of America (FAA). This includes adherence to the operational standards and specifications set forth in the FAA's Operations Specifications. Furthermore, the exemption applies to specific aircraft models and requires higher standards of runway lighting for lower visibility operations (see clause 8 in Schedule 2). Any breach of the conditions outlined in the exemption may lead to civil or criminal consequences. Under subregulations 257(3) and 257(4) of the Civil Aviation Regulations 1998 (CAR 1998), it is an offence for an aircraft to take-off or land if the meteorological conditions fall below the determined minima. This could result in enforcement actions by CASA or other regulatory bodies. The exemption itself is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). It is also compatible with human rights and freedoms as it does not engage any of the applicable rights or freedoms. The exemption was made by a delegate of CASA under regulation 11.260 of CASR 1998 and comes into effect on 1 June 2012, ceasing to have effect at the end of 31 May 2015. The instrument is required by United Air Lines, Inc. and Continental Airlines, Inc. to enable low visibility take-offs and CAT II and CAT III landings inside Australia, consistent with the standards and requirements specified in the instrument, which are not considered prejudicial to the interests of safety. This exemption, being of beneficial effect to the operators, does not require a Regulation Impact Statement as it is anticipated to have a nil to low impact on business.