CASA EX90/10 — Exemption – from standard take-off minima – Eastern Australia Airlines

Overview

The Civil Aviation Regulations 1988 (CAR 1988) have been amended to provide an exemption for Eastern Australia Airlines (EAA) from the standard meteorological minima for take-off in low visibility conditions. Enacted to address the specific operational needs of EAA, this exemption allows the airline to conduct take-offs in conditions of lesser visibility than those prescribed under standard regulations, provided certain safety conditions are met. The exemption was introduced by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988, which empowers CASA to make regulations for the safety of air navigation. The policy objective of the exemption is to enhance operational efficiency for EAA while maintaining high safety standards. The exemption is subject to conditions that include higher standards of runway lighting, specific flight crew qualifications, and operational restrictions, among other requirements. This legislative instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide the legal framework for regulating civil aviation in Australia, and under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) is tasked with ensuring the safety of air navigation, among other responsibilities. The specific legislation in question, F2010L02749, pertains to an exemption issued to Eastern Australia Airlines Pty Limited (EAA) from the standard meteorological minima for take-off, thereby allowing the airline to conduct take-offs under lower visibility conditions than the standard 550 metres, provided certain conditions are met. This exemption is designed to enhance operational flexibility for EAA while maintaining the highest safety standards. The exemption applies to EAA and its DHC 8 aeroplanes and is subject to conditions that ensure safety, including specific requirements for runway lighting, flight crew qualifications, aircraft maintenance, and operational limitations. These conditions are detailed in the exemption and must be adhered to for the operations to remain compliant. The exemption is applicable across both Australian and international territories and is subject to the tabling and disallowance provisions of the Legislative Instruments Act 2003. It is effective from the day after its registration and expires on 31 October 2012.

Key Provisions

The key operative sections of the Civil Aviation Regulations 1988 (CAR 1988) that are relevant to this exemption relate to the setting of meteorological minima for take-off and landing, and the granting of exemptions from these minima. 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. Subregulation 257(1) of the CAR 1988 provides that the Civil Aviation Safety Authority (CASA) may determine the meteorological minima for landing or take-off at an aerodrome, which must be published in the Aeronautical Information Publication (AIP) or NOTAMS (subregulation 257(2)). Subregulation 257(3) makes it 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. Subregulation 308(1) of the CAR 1988 allows CASA to exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of the CAR 1988, subject to conditions that are necessary in the interests of safety (subregulation 308(2) and (3)). Subregulation 308(3A) makes it an offence to contravene a condition of an exemption that is otherwise being relied upon for an operation. This exemption imposes certain obligations and requirements on Eastern Australia Airlines (EAA) and its employees. EAA must ensure that specified visibility standards are met for take-offs and landings that may be performed only at aerodromes properly equipped to support the low visibility operations conducted under the exemption. Flight crew training, experience, recency and competency must meet specified benchmarks. Aircraft equipment must be maintained. 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 exemption is also subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA). Breach of the conditions of the exemption may result in civil or criminal consequences. Subregulation 308(3A) of the CAR 1988 makes it an offence to contravene a condition of an exemption that is otherwise being relied upon for an operation. The maximum penalties for aviation offences are set out in section 5 of the Civil Aviation Act 1988. For example, an individual who contravenes a provision of the Act or the regulations may be liable to a fine of up to $21,000 (or up to 200 penalty units if the penalty is expressed in terms of penalty units) and/or imprisonment for up to two years. A corporation that contravenes a provision of the Act or the regulations may be liable to a fine of up to $105,000 (or up to 1,000 penalty units if the penalty is expressed in terms of penalty units). The maximum penalties for breaches of the CAR 1988 are set out in Schedule 1 to the regulations. For example, an aircraft operator who contravenes a provision of the regulations may be liable to a fine of up to $10,500 (or up to 100 penalty units if the penalty is expressed in terms of penalty units).