CASA EX86/14 - Exemption — overweight landings (Qantas Airways Limited)

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation in Australia. The problem or gap addressed by this legislation is the need to provide exemptions from certain regulatory requirements in exceptional circumstances, such as non-normal situations affecting the airworthiness or safety of the aircraft, or serious illness of a crew member or passenger. The Australian Parliament enacted this legislation to empower the Civil Aviation Safety Authority (CASA) to issue exemptions where necessary to maintain an acceptable level of aviation safety. The policy objective is to balance safety concerns with the operational flexibility required by pilots in critical situations. The authority to issue such exemptions is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the purposes of the Act and towards the safety of air navigation. This particular exemption for Qantas Airways Limited, allowing pilots of A330 and A380 aircraft to conduct overweight landings under specified conditions, is an example of how CASA exercises its regulatory powers to achieve these objectives.

Scope and Application

The Civil Aviation Safety Regulations 1998, specifically the exemption issued under CASA EX86/14, pertains to Qantas Airways Limited and applies to pilots in command of the operator’s A330 and A380 aircraft. This exemption allows these pilots to conduct overweight landings in non-normal situations that affect the airworthiness or safety of the aircraft, or involve serious illness of a crew member or passenger. This exemption is subject to various conditions outlined in Schedule 1 of the instrument, ensuring that the preservation of a level of aviation safety that is at least acceptable remains paramount. The exemption is applicable across the Commonwealth of Australia, aligning with the overarching regulatory framework established under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The exemption is a legislative instrument as defined under the Legislative Instruments Act 2003, and it has been issued at the operator's request, without the necessity for further consultation under the Legislative Instruments Act 2003. The instrument is effective from the day of its registration and will expire at the end of July 2017, unless otherwise repealed.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include specific provisions regarding overweight landings for Qantas Airways Limited's A330 and A380 aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to regulate for the purposes of the Act and towards the safety of air navigation. Subregulation 235(6) of the Civil Aviation Regulations 1988 stipulates that the pilot in command must not land the aircraft if its gross weight exceeds its maximum landing weight. However, subregulation 11.160(1) of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to exempt a person or class of persons from compliance with a provision of the CASR 1998. This exemption is subject to subregulation 11.170(3), which mandates that CASA must regard the preservation of an acceptable level of aviation safety as paramount. Additionally, regulation 11.205 allows CASA to impose conditions necessary for safety on any exemption, with these conditions set out in an instrument of exemption. The obligations imposed by the exemption for Qantas Airways Limited include compliance with the operator's autoland approval if the landing is conducted using autoland, and ensuring adherence to all performance requirements outlined in Civil Aviation Order 20.7.1B. These obligations are detailed in Schedule 1 of the instrument, which specifies the conditions under which the exemption applies. The exemption is designed to allow pilots of Qantas's A330 and A380 aircraft to conduct an overweight landing in non-normal situations, such as those affecting the airworthiness or safety of the aircraft or serious illness of a crew member or passenger. The legislation also outlines the potential consequences of non-compliance with the exemption conditions. If the exemption conditions are not met, CASA may take action against the operator, which could result in civil or criminal penalties. The exact penalties for non-compliance are not specified in the document, but typically, breaches of aviation safety regulations can lead to fines and other enforcement actions. The instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, which provides a mechanism for parliamentary scrutiny of the exemption. Additionally, CASA has determined that further consultation under section 17 of the Legislative Instruments Act 2003 is not necessary or appropriate for this exemption. The instrument is considered a legislative instrument as it applies to a class of persons and aircraft, and it continues an existing exemption, instrument CASA EX114/12, which expired at the end of July 2014. The exemption commences on the day of registration and expires at the end of July 2017, as if it had been repealed by another instrument. The instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms, and a Statement of Compatibility with Human Rights is provided at Attachment 1.