CASA EX87/09 - Exemption - from standard take-off minima - Jetstar

Explanatory Statement

Civil Aviation Regulations 1988

Exemption — from standard take-off minima – Jetstar

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

Legislation

Under subregulation 257 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may determine the meteorological minima, that is the visibility requirements, for landing or take-off at an aerodrome. Under subregulation 257 (2), the determination must be published in AIP or NOTAMS. Under subregulation 257 (3), it is an offence for an aircraft to take off if an element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome.

The determination of standard meteorological minima for take-off and landing was made in instrument CASA 146/08. The minima are also set out in AIP En Route 1.5, section 4.3. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 500 metres (proposed to become 550 metres).

Under subregulation 308 (1) of CAR 1988, CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Under subregulation 308 (2), before making an exemption CASA must take into account any relevant considerations relating to the interests of safety. Under subregulation 308 (3), CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety. Under subregulation 308 (3A), it is an offence to contravene a condition of an exemption that is otherwise being relied upon for an operation.

Jetstar

On 25 September 2009, CASA made instrument CASA EX73/09 exempting Airbus A320 and A321 aeroplanes operated by Jetstar Airways Pty Limited (Jetstar) from the standard meteorological minima for take-off. The substituted minima and relevant conditions for them have since been revised in line with changes to the definition of runway visibility range. As a result, 300 m, as provided for in the exemption, is no longer regarded as suitable. The new exemption revokes CASA EX73/09 and replaces it with more suitable minima and conditions.

Instrument and conditions

The instrument, in effect, exempts the aircraft operated by Jetstar inside and outside Australian Territory, from the minimum visibility requirements for a take-off in instrument CASA 146/08. However, to ensure the safety of air navigation, the exemption is subject to a series of performance conditions and limitations.

In essence, the operator must ensure that specified visibility standards are met for take-offs that may be performed only at aerodromes properly equipped to support low visibility operations. Flight crew training, experience, recency and competency must meet specified benchmarks. Operational restrictions and limitations must be observed. Appropriate foreign approvals for the operations must be obtained. A range of documents for inspection must be carried on board the aircraft.

The technical details of the exemption and its conditions are set out in Attachment 1.

Legislative Instruments Act

Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under subregulation 308 (4) of CAR 1988, an exemption is a disallowable instrument. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is required by the operator to enable low visibility take-offs inside and outside Australian territory consistent with the standards and requirements specified in the instrument which are not considered prejudicial to the interests of safety.

Office of Best Practice Regulation

The exemption would be of beneficial effect to the operator. The Office of Best Practice Regulation does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that it will have only a nil to low impact on business.

Making and commencement

The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) and regulation 308 of CAR 1988.

The instrument comes into effect on the day after it is registered. It stops having effect at the end of September 2011.

[Instrument number CASA EX87/09]

ATTACHMENT 1

Details of exemption

1 Duration

  This instrument commences on the day after it is registered and stops having effect at the end of 30 September 2011.

2 Revocation

  Instrument CASA EX73/09 is revoked.

3 Definitions

  A large number of relevant terms are given specific definitions for the purposes of the exemption.

4 Application

  The instrument is expressed to apply only to A320 and A321 aeroplanes operated by Jetstar in an LVO take-off at an aerodrome where both of the following apply, namely, ATC is in operation, and ATC has informed the pilot of the aircraft that low visibility procedures are in force.

5 Exemption

  By virtue of this section, each A320 and A321 aeroplane operated by Jetstar is exempt from compliance with regulation 257 of CAR 1988 in relation to the standard take-off minima determined by CASA under subregulation 257 (1) of CAR 1988 (in CASA 146/08). A Note indicates that details of the determination are set out in AIP En Route 1.5, section 4.3.

6 Conditions

  The exemption is subject to key conditions. Thus:

(a)       each aircraft must use not less than the aerodrome minima mentioned for it in Schedule 1, in accordance with Schedule 1; and

(b)       the requirements mentioned in Schedule 2 must be complied with.

Schedule 1 Aerodrome minima for low visibility operations

 1 This clause provides that at aerodromes with the facilities required and operating to support low visibility take-offs, the following are the take-off minima that may be used by the aircraft mentioned:

Take-off minima

 2 Under this clause, the aircraft operation must observe the visibility, controlling zone and runway lighting and marking requirements that are set out in the clause.

Schedule 2 Requirements for LVO

  This Schedule sets out the detailed pilot training and operational requirements for an LVO take-off, and includes a sample training course syllabus.