CASA EX88/09 - Exemption - from standard take-off and landing minima - Jetstar

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of air navigation and to provide a framework for the regulation of civil aviation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations under the Act. The problem this legislation addresses is the need to establish minimum meteorological conditions for safe take-off and landing operations, while also providing flexibility for certain operators to meet different standards to ensure safety. The Civil Aviation Safety Authority (CASA) has the authority under the CAR 1988 to determine these meteorological minima and may exempt specific aircraft from these minima if certain safety conditions are met. In 2009, CASA issued instrument CASA EX88/09 to exempt Airbus A330 aeroplanes operated by Jetstar Airways from the standard meteorological minima for take-off and landing, subject to specific conditions that ensure safety. The policy objective is to allow Jetstar to conduct low visibility operations under conditions that are safe but more flexible than the standard minima. This exemption is subject to tabling and disallowance in the Parliament and has been made in accordance with the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide the regulatory framework for civil aviation safety in Australia, and the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act and the safety of air navigation. Under subregulation 257 of CAR 1988, the Civil Aviation Safety Authority (CASA) is responsible for determining meteorological minima for landing and take-off at aerodromes, with the standard visibility requirements set at 500 metres for take-off and 800 metres for landing, or 550 metres RVR for landing. An exemption is required to operate in lesser minimum visibility. CASA can exempt aircraft or persons associated with the operation of the aircraft from specified provisions of CAR 1988, subject to safety considerations, as outlined in subregulation 308 of CAR 1988. In September 2009, CASA issued an exemption under this provision for Airbus A330 aeroplanes operated by Jetstar Airways Pty Limited, allowing them to take off and land in conditions of less than the standard minima, subject to specified conditions designed to ensure the safety of air navigation. The exemption applies to A330 aeroplanes operated by Jetstar for low visibility take-offs and landings inside and outside Australian territory, provided that air traffic control (ATC) is in operation and has informed the pilot of the aircraft that low visibility procedures are in force. The exemption is subject to a series of performance conditions and limitations, including the use of specified visibility standards for take-offs and landings, only at aerodromes properly equipped to support Category II operations, compliance with specified benchmarks for flight crew training, experience, recency, and competency, maintenance of aircraft equipment, observation of operational restrictions and limitations, obtaining appropriate foreign approvals for the operations, and carrying a range of documents for inspection on board the aircraft. The exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption was made by a delegate of CASA in accordance with CAR 1988 and comes into effect on the day after it is registered, ceasing to have effect at the end of September 2011.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 (the Act) provides for the safety of air navigation and includes provisions for meteorological minima for take-off and landing at an aerodrome (subregulation 257(1)). These minima must be published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMS) (subregulation 257(2)), and it is an offence to take off if the visibility is less than the determined minima (subregulation 257(3)). The standard meteorological minima for take-off and landing are set out in instrument CASA 146/08 and are also detailed in AIP En Route 1.5, sections 4.3 and 4.4. For example, the minimum visibility for take-off is 500 metres (to be increased to 550 metres), and for landing is 800 metres, or 550 metres RVR (Runway Visual Range). The Civil Aviation Safety Authority (CASA) has the authority to exempt aircraft or persons associated with the operation of an aircraft from specified provisions of CAR 1988, including the meteorological minima, provided that such exemptions are made in the interests of safety (subregulation 308(1) and (2)). Exemptions may be subject to conditions specified as necessary for safety (subregulation 308(3)), and contravention of these conditions is an offence (subregulation 308(3A)). On 25 September 2009, CASA issued instrument CASA EX74/09, exempting Airbus A330 aeroplanes operated by Jetstar Airways Pty Limited from the standard meteorological minima for take-off and landing. This exemption has been revised and replaced by a new instrument, CASA EX88/09, which came into effect after its registration and will cease at the end of September 2011. The new exemption allows Jetstar's A330 aeroplanes to operate inside and outside Australian territory under conditions that ensure safety. The exemption is subject to performance conditions and limitations that include ensuring specified visibility standards are met for take-offs and landings, which must be performed at aerodromes equipped to support Category II operations. Flight crew must meet specific training, experience, recency, and competency benchmarks. Aircraft equipment must be maintained, and operational restrictions and limitations must be observed. Relevant foreign approvals must be obtained, and a range of documents must be carried on board the aircraft for inspection. Under the Legislative Instruments Act 2003 (LIA), the exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament (subparagraph 6(d)(i)). The exemption was made by a delegate of CASA in accordance with CAR 1988, and consultation under the LIA has not been undertaken as the Office of Best Practice Regulation assessed that the instrument would have a nil to low impact on business. The instrument revokes CASA EX74/09 and applies to A330 aeroplanes operated by Jetstar in low visibility take-offs or landings when air traffic control (ATC) is in operation and has informed the pilot of low visibility procedures being in force. The exemption conditions include specific aerodrome minima for low visibility operations and detailed requirements for low visibility operations (LVO), including pilot training and operational requirements. For instance, take-off minima at CAT II or CAT III aerodromes for an A330 include a Runway Visual Range (RVR) of 125 metres for the Take-off Decision Zone (TDZ) and 200 metres for the Midpoint (MID) and End (END). For CAT II landing operations, the Decision Height (DH) is 100 feet and RVR is 300 metres for the TDZ and 125 metres for the MID, with advisory values for other zones. The exemption and its conditions are detailed in Attachment 1 of the instrument.