CASA EX88/08 – Exemption – participation in land and hold short operations

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide a comprehensive regulatory framework for civil aviation safety in Australia, addressing various aspects of aviation operations to ensure a safe and efficient air navigation system. This legislation was introduced to fill a critical gap by providing the Civil Aviation Safety Authority (CASA) with the authority to issue regulations that ensure compliance with safety standards. The Australian Parliament enacted these regulations under the authority of the Civil Aviation Act 1988, with the overarching policy objective of maintaining and enhancing the safety of air navigation. The CASR 1998 grant CASA the flexibility to issue exemptions from certain regulatory requirements, provided that such exemptions do not compromise aviation safety. The latest exemption, CASA EX88/08, was introduced to allow certain foreign registered commercial aircraft to participate in land and hold short operations (LAHSO), which are complex procedures involving simultaneous landing and take-off operations on different runways. This exemption specifically targets aircraft that meet certain performance criteria and are eligible for Australia and New Zealand Agreement privileges, thereby facilitating smoother cross-border aviation operations while maintaining stringent safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998, as modified by the exemption under consideration, apply to any person or entity involved in civil aviation operations within Australia, specifically focusing on those entities that have, or are eligible to apply for, Australia and New Zealand Agreement privileges and have been approved to engage in land and hold short operations (LAHSO) by the New Zealand Civil Aviation Authority. This legislation pertains to the conduct of LAHSO, which involve aircraft landing on one runway while another aircraft takes off or lands on another runway simultaneously. Notably, the exemption primarily concerns foreign-registered commercial aircraft that are not typically permitted to participate in LAHSO under certain performance categories. The exemption allows these aircraft to engage in either active or passive participation in LAHSO operations. The exemption is subject to the overarching provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, which govern the safety of air navigation and the issuance of exemptions by the Civil Aviation Safety Authority (CASA). The exemption is also subject to the Legislative Instruments Act 2003, under which it is considered a disallowable instrument and thus subject to tabling and disallowance in Parliament. The exemption is effective from the day after its registration and ceases to have effect on 30 November 2009.

Key Provisions

The key sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) that are pertinent to this exemption are subsection 98(1), which allows the Governor-General to make regulations for the Act and the safety of air navigation, and subregulation 11.160(1), which grants the Civil Aviation Safety Authority (CASA) the power to grant exemptions from compliance with CASR 1998. Subregulation 11.160(2) further explains that CASA can grant these exemptions to a specific person or a class of persons, while subregulation 11.205(1) allows CASA to impose conditions on these exemptions if necessary for the safety of air navigation. Subregulation 172.065(1) mandates that Air Traffic Service (ATS) providers must ensure their services adhere to specified standards, including those outlined in the Manual of Standards Part 172 (MOS). The MOS contains detailed requirements for conducting land and hold short operations (LAHSO), which involve aircraft landing on one runway while another aircraft takes off or lands on another runway at the same time. The obligations imposed by this Act on the parties it governs are primarily safety-oriented. ATS providers must ensure that their services meet the standards set out in the MOS, particularly regarding LAHSO. Additionally, any exemption granted by CASA under subregulation 11.160(2) must be issued with any necessary conditions to preserve an acceptable level of aviation safety as per subregulation 11.205(1). For the specific exemption concerning LAHSO, operators that have or are eligible to apply for Australia and New Zealand Agreement privileges and have been approved by the New Zealand Civil Aviation Authority must comply with the conditions set forth by CASA to engage in either active or passive participation in LAHSO. In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 establish both civil and criminal penalties for breaches. Subregulation 11.165(1) stipulates that a person who contravenes a regulation or condition of an exemption is liable to a civil penalty. The maximum penalty for such breaches is outlined in subregulation 11.165(2), which specifies a fine of up to 10,000 penalty units for a body corporate and up to 1,000 penalty units for an individual. Furthermore, under the Legislative Instruments Act 2003, this exemption, being a disallowable instrument, is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. This means that if the exemption is not properly tabled or disallowed within the prescribed period, it may cease to have effect, potentially leading to further legal ramifications for non-compliance with aviation safety standards.