Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — overweight landings (Qantas Airways Limited)
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) enables the Governor-General to regulate for the purposes of the Act and towards the safety of air navigation.
Under subregulation 235 (6) of the Civil Aviation Regulations 1988, the pilot in command of an aircraft must not land the aircraft if its gross weight exceeds its maximum landing weight.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that CASA may exempt a person or class of persons from compliance with a provision of CASR 1998. Subregulation 11.170 (3) provides that CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. Regulation 11.205 provides that CASA may impose on an exemption any condition necessary in the interests of safety and to set out that condition in an instrument of exemption.
Instrument
A pilot may consider an overweight landing when a situation arises that requires the aircraft to return to the take-off airport, or divert to another airport, soon after take-off. In these cases, the aircraft may arrive at the landing airport at a weight considerably above the maximum design landing weight. The pilot must then decide whether to reduce the weight before landing or to land overweight. The weight can be reduced either by holding to burn-off fuel or by jettisoning fuel.
CASA has issued this exemption to Qantas Airways Limited (the operator) to allow pilots of the operator’s A330 and A380 aircraft to conduct an overweight landing in a non-normal situation, being a situation affecting the airworthiness or safety of the aircraft, or serious illness of a crew member or passenger.
The exemption is subject to a range of conditions specified in Schedule 1 of the instrument, including that the pilot in command must comply with the operator’s autoland approval if the landing is conducted using autoland, and ensure compliance with all performance requirements set out in Civil Aviation Order 20.7.1B.
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 or Civil Aviation Orders. 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 instrument applies to a class of persons and aircraft (that is, pilots in command of A330 or A380 aircraft) and so is a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.
Consultation
The instrument continues an existing exemption, instrument CASA EX114/12, which expired at the end of July 2014. The instrument has been issued at the operator’s request. It is CASA’s view that it is not necessary or appropriate to undertake further consultation under section 17 of the LIA.
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 instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
Making and commencement
The exemption has been issued 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 of registration. It expires at the end of July 2017, as if it had been repealed by another instrument.
[Instrument number CASA EX86/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — overweight landings
(Qantas Airways Limited)
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 applies to Qantas Airways Limited (the operator) and exempts pilots in command of the operator’s A330 or A380 aircraft from compliance with subregulation 235 (6) of the Civil Aviation Regulations 1988 when undertaking a landing in a non-normal situation. Subregulation 235 (6) provides that a pilot in command of an aircraft must not land the aircraft if its gross weight exceeds its maximum landing weight.
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