Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off minima – Sunstate Airlines
Legislation
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.
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 237/10. The minima are also set out in AIP En Route 1.5, sections 4.3 and 4.4. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 550 metres. An exemption would be required to operate in lesser minimum visibility.
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.
The exemption exempts DHC 8 aeroplanes operated by Sunstate Airlines (Qld) Pty Limited (Sunstate Airlines) from the standard meteorological minima for take-off. Following a review of the rules governing low visibility operations, new exemptions have been issued to various operators, allowing them to use lower minima than was previously the case. This exemption states the lower minima for the aeroplanes, in respect of low visibility take-offs, as well as the conditions for their use. For instance, the use of the lower minima will require a higher standard of runway lighting (see clause 7 in Schedule 2).
Since this is the first low visibility exemption issued to Sunstate Airlines, the specified minima are higher than those mentioned in similar exemptions.
In essence, Sunstate Airlines 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.
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 Sunstate Airlines 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 (OBPR)
The exemption would be of beneficial effect to Sunstate Airlines. The OBPR 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 similar instruments indicates that it will have only a nil to low impact on business.
Duration
The instrument commences on the day after it is registered. It stops having effect at the end of 31 October 2012.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX91/10]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Government, serve to ensure the safety of air navigation and have been amended through legislative instruments to address specific operational needs of airlines. One such amendment is F2010L02752, introduced to provide an exemption from standard take-off minima for Sunstate Airlines. This exemption allows the airline to operate under lower visibility conditions than the standard minima, provided they adhere to stringent safety requirements and conditions. The exemption was made under the authority granted to the Civil Aviation Safety Authority (CASA) by the Civil Aviation Act 1988, ensuring that any deviation from standard safety regulations is strictly controlled and does not compromise aviation safety. The policy objective behind this exemption is to facilitate operational efficiency for Sunstate Airlines while maintaining the highest safety standards.
Scope and Application
The Civil Aviation Regulations 1988, as amended, provide a framework for ensuring the safety of air navigation in Australia, and include provisions for setting and exempting meteorological minima for aircraft operations. Under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the authority to determine these minima, which must be published and adhered to unless an exemption applies. The exemption in question specifically pertains to DHC 8 aeroplanes operated by Sunstate Airlines (Qld) Pty Limited, allowing them to take off in lower visibility conditions than the standard minima set out in the Civil Aviation Regulations. This exemption is conditional upon meeting higher standards for runway lighting, crew training, aircraft maintenance, and operational limitations, ensuring that the exemption does not compromise safety. The exemption is a legislative instrument under the Legislative Instruments Act 2003, which mandates its tabling and potential disallowance in the Parliament. Although consultation under the Legislative Instruments Act has not been undertaken, the exemption was deemed necessary by Sunstate Airlines to facilitate low visibility operations without jeopardising safety. The exemption is effective from the day after its registration and will cease to have effect at the end of 31 October 2012.
Key Provisions
The key operative sections of this piece of legislation, namely the Civil Aviation Regulations 1988, establish the framework within which the exemption is granted. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act and the safety of air navigation. Subregulation 257(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to determine the meteorological minima, or visibility requirements, for landing or take-off at an aerodrome, which must be published in the Aeronautical Information Publication (AIP) or Notices to Air Missions (NOTAMS). Section 308(1) of CAR 1988 empowers CASA to exempt aircraft or individuals associated with the operation of an aircraft from specified provisions of CAR 1988, provided that safety considerations are taken into account and any conditions necessary for safety are imposed.
Under this exemption, DHC 8 aeroplanes operated by Sunstate Airlines (Qld) Pty Limited (Sunstate Airlines) are exempt from the standard meteorological minima for take-off, allowing for lower minima to be used under certain conditions. This exemption requires that Sunstate Airlines ensure certain visibility standards are met for take-offs and landings. The aircraft must be operated at aerodromes equipped to support low visibility operations, with flight crew meeting specified training, experience, recency, and competency benchmarks. The aircraft must be maintained to the required standards, and operational restrictions and limitations must be observed. Additionally, Sunstate Airlines must obtain appropriate foreign approvals and carry a range of documents for inspection on board the aircraft.
Failure to comply with the conditions of the exemption is an offence under subregulation 308(3A) of CAR 1988. The maximum penalties for such offences are not specified in the explanatory statement, but they would typically be consistent with other aviation safety regulations. Furthermore, under the Legislative Instruments Act 2003, the exemption is a disallowable instrument and is subject to tabling and disallowance in the Parliament. Although consultation under the Legislative Instruments Act has not been undertaken in this case, the exemption is intended to enable low visibility take-offs inside and outside Australian territory, consistent with the standards and requirements specified, without prejudice to the interests of safety.