Overarching principles for curfew dispensations
- Operators must try to avoid the need for a curfew dispensation by making all reasonable efforts within their control; and
- Generally, dispensations will not be granted after 11.45pm and before 6.00am local time.
What are considered 'exceptional circumstances' for granting curfew dispensations?
- The Sydney Airport Curfew (Dispensation) Guideline provides guidelines for the granting of dispensations at Sydney Airport, including what constitutes exceptional circumstances.
- The legislative frameworks imposing curfews at Adelaide, Gold Coast and Essendon Fields Airports do not provide for the making of standalone guidelines. The department utilises the Sydney guidelines in considering what amounts to exceptional circumstances across all curfewed airports.
- This approach is intended to enhance consistency in decision-making as it relates to dispensation requests, and provide certainty to aircraft operators and the community regarding the matters considered by the department when assessing requests for curfew dispensations.
Primary Criteria
Generally, three primary criteria must be met to constitute exceptional circumstances:
- Immediate in origin
- Of such a character that they could not reasonably have been foreseen
- Not reasonably able to be met by alternative arrangements
Immediate in origin
- Circumstances are typically immediate in origin where they occur in preparation for take-off at the curfewed airport or in preparation for take-off from another airport on a service destined for a curfewed airport.
- Incidents may include those identified during boarding or in pre-flight checks.
Note: At Adelaide Airport, applications can include delays experienced in the previous sector.
Not reasonably foreseeable
- Circumstances which could not reasonably have been foreseen include:
- Baggage offload;
- Unforeseen mechanical failure; and
- Re-screening for aviation security purposes.
- Extremely severe weather events that are not forecast may also be events which are not reasonably foreseeable.
Not reasonably able to be met by alternative arrangements
- Alternative arrangements could include:
- The diversion of a flight to an alternate airport;
- Passengers being placed on alternative flights;
- Use of alternative aircraft;
- Carriers or options for transport (e.g. bus or train between Brisbane and Gold Coast); and
- Flight cancellation (if feasible).
- Generally, the reasonableness of any alternative arrangement is assessed having regard to the passenger load of the particular flight.
Secondary criteria
Once the three primary criteria are satisfied, four secondary criteria detailed below may be taken into consideration:
Requested time for curfew dispensation
A movement at 11.15pm is generally more acceptable than a movement at 11.45pm. Generally, the later the operation proposed to be undertaken in reliance on a dispensation the higher the threshold for establishing the existence of exceptional circumstances.
Aircraft arrival route
At both Sydney and Adelaide Airports, an over water approach will keep noise away from noise sensitive areas to the greatest extent possible. For Sydney Airport, landing and take-off on the main runway (Runway 34L for landing and take-off on Runway 16R) over Botany Bay is preferred. For Adelaide Airport, landing on Runway 05 and take-off on Runway 23 over Gulf St Vincent is required unless weather conditions mean this is not possible for safety reasons.
Weather
In most cases, weather is known well in advance of the curfew and can be foreseen and mitigated against. However, the timing and severity of adverse weather conditions could form part of the deliberations of the exceptional circumstances.
For example, clearing of a tarmac at 6.00 pm due to unpredicted lightning strikes causing associated delays and traffic congestion is unlikely to be considered an 'exceptional circumstance', whereas the same situation commencing at 10.00pm local time may be considered an 'exceptional circumstance' as there is little time to make reasonable alternative arrangements.
Accommodation
Lack of accommodation is not a primary criterion in considering dispensation requests; however, the hardship which may result from a decision not to grant a dispensation request may be considered where the primary criteria have been satisfied. For example, a flight with a significant number of unaccompanied minors, passengers with mobility difficulties or passengers with medical conditions may be more challenging for the airline to find suitable accommodation for, as well as meeting their other needs. Large public events in the nearby city may also make it harder to find passenger accommodation.
In making their assessment as to whether lack of suitable accommodation will be used to support a request for a curfew dispensation, airlines are expected to assess the number of passengers who live locally so as to more accurately determine accommodation needs.
Circumstances not considered exceptional
Exceptional circumstances will generally not exist on the basis:
- That one of the following has caused changes to scheduled flights:
- Adverse weather conditions which were known to the operator well in advance of an aircraft taking off or landing.
- Disruptions to an airline's network or schedule due to mechanical problems (as distinct from immediate or unforeseen problems arising with the particular aircraft scheduled).
- Industrial disputes (other than protected industrial disputes causing long-term severe disruption)
- Of airline management considerations (such as the need to reposition aircraft or crew)
- Of circumstances of any kind where there has been sufficient time for alternate arrangements to be put in place or where a normal degree of operational flexibility should have sufficed to address the problem.
Operations not requiring dispensation
As a general rule, most commercial aircraft carrying passengers or large freight aircraft are prohibited from operating during the curfew. While arrangements at each of the curfewed airports differ, the main exceptions to this rule are:
- Pre-approved 'shoulder movements' by international flights which occur between 5.00am-6.00am local time at Sydney and Adelaide airports
- A limited number of pre-approved low-noise freight aircraft that operate under quota arrangements
- Propeller aircraft under 34,000kg that meet international noise certification standards
- Emergency aircraft (e.g. police, air-ambulance, Royal Flying Doctor Service, aircraft conducting search and rescue operations)
- Any aircraft declaring an emergency
- Specified low-noise corporate jet aircraft that meet international noise certification standards.
These movements do not require dispensations.
Pre-curfew Taxi Clearance
An aircraft may take-off during a curfew period if the pilot has requested and received taxi clearance from Air Traffic Control for the take-off before 11.00pm local time. Note that push-back clearance is not taxi clearance. If the aircraft has not been granted taxi clearance prior to 11.00 pm, a curfew dispensation must be requested.
Airport Specific Conditions
Sydney Airport
Runways to be used during the curfew
Aircraft operating during the curfew at Sydney Airport must use runway 16R for departures and runway 34L for arrivals unless otherwise advised.
In addition, between 10.45pm and 11.00pm, take-offs are restricted to Runway 16R (departure over Botany Bay). This applies from Monday to Friday. On Saturday and Sunday, take-offs are restricted to Runway 16R between 10.00pm and 11.00pm. Airlines are best advised in a situation where a north take-off would be required to seek pre-curfew taxi clearance and take-off over Botany Bay.
Use of reverse thrust during the curfew periods
If the pilot of an aircraft lands using reverse thrust greater than idle reverse thrust during the curfew period, the operator must, within seven days of the incident, lodge a return with Airservices Australia or via the department's website providing details of the event. It is deemed an offence if the return is not lodged within seven days after the landing. Airservices Australia monitors possible reverse-thrust usage during curfew hours.
Missed approaches during the curfew period
If the pilot of an aircraft landing during the curfew period makes a missed approach, the operator must, within seven days of the attempted landing, lodge a missed approach return to Airservices Australia or via the department's website providing relevant details of the event. It is deemed an offence if the return is not lodged within seven days after the attempted landing. Airservices Australia reports to the department regarding missed approaches during the curfew period.
Emergency landings (resuming flights during curfew)
An aircraft that lands at Sydney Airport during the curfew on the basis of an emergency is not permitted, on the basis of that emergency, to resume the flight during the curfew period.
Sydney curfew shoulder movements
Approved international shoulder movements may occur during the curfew shoulder period. Airlines apply for international shoulder movements on an annual basis. The Sydney Airport Curfew Regulations 1995 permit 24 weekly, but no more than five per day, arrivals of international passenger services between 5.00 am and 6.00 am at approved times of the year and days of the week.
These movements are granted for use during the northern hemisphere summer scheduling period between late March and late October.
Movements undertaken during the curfew shoulder period are closely monitored by Air Traffic Control and details of curfew shoulder quotas are maintained by the department.
Adelaide Airport
Previous sector
At Adelaide Airport, applications for a curfew dispensation can include consideration of delays experienced in the previous sector.
Emergency landings (resuming flights during curfew)
Aircraft which make an emergency landing during the curfew at Adelaide Airport are permitted to resume the flight during the curfew period.
Diversions
In the event that Adelaide Airport is required as an alternate landing airport (i.e. aircraft diverted to Adelaide due to fog at Perth, as distinct from an emergency) the Noise Abatement Procedures provide that international scheduled services may resume operations. Domestic scheduled services that are diverted to Adelaide are not permitted to resume the flight during the curfew.
Runways to be used during the curfew
Landings on Runway 05 and departures from Runway 23 are designed to minimise aircraft noise impacts on residential areas of Adelaide by directing traffic over Gulf St Vincent.
The use of Runway 23 for landings is only considered when Runway 05 is declared by Air Traffic Control to not be operationally acceptable for landings. The use of Runway 05 for take-offs should be considered only when Runway 23 is declared by Air Traffic Control to be not operationally acceptable for departures.
International aircraft and low noise heavy freight aircraft must only use reverse thrust at idle levels (unless safety requires otherwise). Full length runway departures are required wherever operationally acceptable.
Quota movements
International airlines and low noise heavy freight aircraft operating during the curfew period under a quota arrangement may land on a runway other than Runway 05 if the pilot thinks that the meteorological conditions require it. Where a runway other than Runway 05 is used, the operator of the aircraft must, within 7 days after the landing, submit a return to Airservices Australia stating why an alternative runway was utilised.
Gold Coast Airport
Quota Movements
The Air Navigation (Gold Coast Airport Curfew) Regulations 2018 provides for an annual quota of 24 passenger jet movements during curfew hours to cater for peak demand periods such as school holidays, Easter and Christmas periods and special events.
These quota flights are permitted for the following movements:
- when the legal time in Queensland is the same as the legal time in New South Wales, to enable a domestic passenger jet aircraft to land at, or take-off from, Gold Coast Airport between 11:00pm and 11:45pm
- when daylight saving time is in force in New South Wales, to enable a domestic passenger jet aircraft to land at Gold Coast Airport between 11:00pm and 11:30pm.
Airlines using quota movements are required to advise the department within seven days, including advice about the reason the quota was used.
Emergency landings (resuming flights during curfew)
Aircraft which make an emergency landing during the curfew at Gold Coast Airport are permitted to resume the flight during the curfew period.
Diversions
In the event that Gold Coast Airport is required as an alternate landing airport (i.e. aircraft diverted to Gold Coast due to fog at Brisbane, as distinct from an emergency) international scheduled services are permitted to resume operations.
Domestic scheduled services that are diverted to Gold Coast are not permitted to resume the flight during the curfew.
Preferred Runways
The preferred runway for landings is Runway 14 and Runway 32 is preferred for take-offs.
Pre-Curfew Taxi
At certain times the Air Traffic Control Tower at Gold Coast airport is not manned and Air Traffic Control services are provided remotely from Brisbane. At such times, an aircraft that has begun to taxi before 11.00pm will be considered to have pre-curfew taxi clearance and be able to take-off after 11.00pm without requiring a curfew dispensation.