Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – Jetstar
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. An exemption would be required to operate in visibility less than any of the standard minima contained in the instrument.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988, or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
CASA issued 2 instruments (CASA EX69/10 and CASA 105/10) exempting aeroplanes operated by Jetstar Airways Pty Limited (Jetstar Airways) from the standard meteorological minima for take‑off and landing. This exemption revokes and replaces the previous instruments. It allows all A320, A321 and A330 aircraft to operate to CAT II and CAT III minima in low visibility landings.
As with the previous instruments, the operator must ensure that specified visibility standards are met for landings and take-offs. They may be performed only at aerodromes properly equipped to support them. 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
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of aircraft, and class of persons, employed by the operator. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is required by Jetstar Airways to enable low visibility take-offs and landings 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. It replaces 2 previous instruments issued for the same purpose.
Human rights implications
The instrument sets out an exemption from legislative requirements as described above. The instrument does not engage any of the applicable rights or freedoms.
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 a similar instrument 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 May 2015.
The exemption has been made by a delegate of CASA under subregulation 11.260 (1)
of CASR 1998.
[Instrument number CASA EX93/12]
Overview
The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, governs the safety of air navigation and includes provisions for setting meteorological minima for aircraft take-off and landing. These regulations were updated to allow the Civil Aviation Safety Authority (CASA) to determine these minima, which are essential for ensuring the safety of air navigation. However, CASA has the authority to grant exemptions from these standard meteorological minima under Section 98 of the Civil Aviation Act 1988. In 2012, CASA issued instruments CASA EX69/10 and CASA 105/10, which exempted Jetstar Airways from these standard minima, enabling operations in lower visibility conditions. These exemptions, now consolidated in CASA EX93/12, allow Jetstar's A320, A321, and A330 aircraft to operate under CAT II and CAT III minima, subject to stringent conditions concerning crew training, aircraft maintenance, and operational limitations. The policy objective behind these exemptions is to facilitate safe operations in low visibility conditions, provided that all specified safety standards are met.
Scope and Application
The Civil Aviation Regulations 1988, as amended, govern the safety and operational standards for civil aviation in Australia, with the Civil Aviation Safety Authority (CASA) being the principal regulatory body. Under Section 98 of the Civil Aviation Act 1988, CASA has the authority to make regulations for the safety of air navigation, which includes setting meteorological minima for take-off and landing at aerodromes. The exemption issued by CASA under subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 applies specifically to Jetstar Airways Pty Limited, allowing its A320, A321, and A330 aircraft to operate under CAT II and CAT III minima for low visibility take-offs and landings. This exemption applies to the specified aircraft operated by Jetstar Airways and the pilots employed by the operator. It is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The exemption is conditional, requiring compliance with specified visibility standards, operational restrictions, and equipment requirements, and must be observed only at aerodromes properly equipped to support such operations. The exemption is published on the Internet and ceases on a specified date or, if no date is specified, three years after its commencement.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988, as amended by the legislative instruments CASA EX69/10 and CASA 105/10, pertain to the exemption of certain Jetstar Airways aircraft from standard meteorological minima for take-off and landing (subregulation 257(1) of the CAR 1988). Specifically, these instruments allow A320, A321, and A330 aircraft operated by Jetstar Airways to perform take-offs and landings under CAT II and CAT III conditions in low visibility, provided specific requirements are met (subregulation 11.160(1) of the CASR 1998). These requirements include ensuring that specified visibility standards are met, conducting operations only at properly equipped aerodromes, maintaining adequate flight crew training and experience, ensuring aircraft equipment is maintained, observing operational restrictions, and obtaining necessary foreign approvals. Additionally, a range of documents must be carried on board the aircraft for inspection (subregulation 11.205(1) of CASR 1998).
The obligations imposed by these regulations on Jetstar Airways include, but are not limited to, ensuring compliance with the specified visibility standards for take-off and landing, utilising only aerodromes equipped to support CAT II and CAT III operations, maintaining the competency and experience of flight crew in line with specified benchmarks, ensuring all aircraft equipment is maintained to the required standards, adhering to any operational restrictions and limitations imposed by the exemption, and obtaining the necessary foreign approvals for operations conducted outside Australian territory. Furthermore, Jetstar Airways must carry a range of documents on board for inspection purposes. The regulations also mandate that the exemption be published on the internet and stipulate that the exemption will cease no later than three years after its commencement, unless a specific cessation date is indicated (subregulation 11.230(1) of CASR 1998).
Should Jetstar Airways fail to comply with the conditions set forth in the exemption, they could face both civil and criminal consequences. Under subregulation 257(3) of the CAR 1988, 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, which could result in criminal penalties. Additionally, any breach of the conditions specified in the exemption could result in the revocation of the exemption or other regulatory action by CASA. However, the explanatory statement does not specify the exact maximum penalties for these offences, indicating that further investigation into the relevant sections of the Civil Aviation Act 1988 and other applicable legislation would be necessary to ascertain the precise penalties.