CASA EX97/12 - Exemption - from standard take-off and landing minima - Vietnam Airlines

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide for the safe navigation and operation of aircraft, and the airworthiness of, or design standards for, aircraft in Australia. This legislation was introduced to address the need for specific regulations governing aviation safety and to provide the Civil Aviation Safety Authority (CASA) with the authority to issue exemptions and conditions where necessary. The authority to create these regulations comes from section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act and the safety of air navigation. The policy objective behind this legislation is to ensure that aviation operations within Australia meet stringent safety standards, allowing for safe and efficient air travel. The regulations include provisions for determining meteorological minima for take-off and landing, which are essential for maintaining safety standards during low visibility conditions, and allow CASA to grant exemptions from these provisions under specific circumstances, such as enabling low visibility operations by foreign airlines like Vietnam Airlines, provided that such operations do not compromise safety.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) includes an exemption from standard take-off and landing minima for Vietnam Airlines Corporation, a foreign entity operating in Australia, for the conduct of low visibility operations (LVO) within the country. This exemption is granted under subregulation 11.160 of the CASR 1998, allowing Vietnam Airlines to operate under lower visibility minima than those typically required, provided specific conditions are met. These conditions include adhering to the approval for LVO issued by the Civil Aviation Administration of Vietnam and ensuring that operations are conducted at aerodromes equipped to support such operations, with particular attention to runway lighting standards as specified in the exemption. This exemption is subject to the legislative framework under the Civil Aviation Act 1988, which empowers the Civil Aviation Safety Authority (CASA) to make regulations concerning the safety of air navigation, and it is classified as a legislative instrument under the Legislative Instruments Act 2003, necessitating compliance with parliamentary scrutiny procedures. The exemption is effective from 1 July 2012 until 30 June 2015, marking a renewal of a previous exemption (CASA EX50/10) and ensuring Vietnam Airlines can continue to operate safely in Australia under the specified conditions.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) and the Civil Aviation Regulations 1988 (CAR 1988) establish the regulatory framework for the safe navigation and operation of aircraft in Australia. 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 CAR 1988 allows the Civil Aviation Safety Authority (CASA) to determine the meteorological minima for landing or take-off at an aerodrome, which must be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM). The standard minimum visibility for take-off is 550 metres, and for landing, it is 800 metres or 550 metres RVR (Runway Visual Range), as stipulated in CASA 70/11 and AIP En Route 1.5, sections 4.3, 4.4, and 4.7. However, subregulation 11.160(1) of CASR 1998 allows CASA to grant exemptions from these minima for specific operations under certain conditions, provided they do not compromise air navigation safety. The obligations imposed by the Act and the regulations on entities like Vietnam Airlines are multifaceted. Firstly, Vietnam Airlines must ensure that specified visibility standards are met for take-offs and landings. These operations can only be conducted at aerodromes that are properly equipped to support low visibility operations (LVO) as outlined in the exemption. Additionally, as a foreign operator, Vietnam Airlines must comply with the approval to conduct LVO issued by the Civil Aviation Administration of Vietnam. The exemption also requires adherence to higher standards of runway lighting and other conditions specified in the instrument to ensure the safety of air navigation. Under subregulation 11.205(1) of CASR 1998, CASA may impose conditions on an exemption if necessary for the safety of air navigation. Any breach of these conditions can result in civil or criminal consequences. For instance, subregulations 257(3) and (4) of CAR 1988 state that it is an offence for an aircraft to take off or land if the meteorological conditions fall below the determined minima. Violations of these provisions can result in penalties, although the exact penalties are not specified in the provided text. The exemption itself is a legislative instrument and is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 (LIA). This means that while the exemption is in effect, it must be periodically reviewed and renewed to ensure ongoing compliance with safety standards. The exemption for Vietnam Airlines has been issued under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. It allows Vietnam Airlines to conduct low visibility operations in Australia in accordance with the specified minima and conditions. The exemption is a legislative instrument and has been made by a delegate of CASA under subregulation 11.260(1) of CASR 1998. The exemption comes into effect on 1 July 2012 and will cease to have effect at the end of 30 June 2015. The instrument has not undergone consultation under section 17 of the LIA as it is a renewal of a previous exemption, CASA EX50/10. This exemption is crucial for Vietnam Airlines to operate safely within the standards and requirements specified, ensuring that their operations do not prejudice the interests of safety.