Explanatory Statement
Civil Aviation Regulations 1988
Instructions — GLS approach procedures
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to the safety of air navigation.
Under subregulation 179A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions in relation to Instrument Flight Rules (I.F.R.) flights specifying the method by which an aircraft is to be navigated when in such flight. CASA has issued instructions for the navigation of certain I.F.R. landing approach flights at Kingsford Smith International Airport, Sydney (KSA) as follows.
Trial of GLS approaches using GBAS
Under subregulation 173.035 (4) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA is taken to be a certified designer of instrument approach procedures including GLS approaches. GLS approaches are aircraft landing approaches in which appropriately equipped aircraft use the Global Navigation Satellite System, augmented by a local ground-based augmentation system (GBAS). The GBAS transmits navigation and GPS correction data to the aircraft.
CASA has delegated its design powers to Airservices Australia (AA). Under this delegation, AA designs new GLS approach procedures for KSA which use the Honeywell Beta+ GBAS facility installed at KSA (the KSA GBAS).
The Airbus Company and the Federal Aviation Administration of the United States of America have demonstrated to CASA’s satisfaction GLS operational capability using Airbus A380 aircraft and GBAS ground installations similar to that which will be used at KSA. Although the Honeywell Beta+ installation at KSA is a more advanced version of the GBAS installations used in the demonstrations, it does not meet all of the International Civil Aviation Organization (ICAO) requirements. A fully ICAO-compliant GBAS is not yet available anywhere in the world, and the trial of the KSA GBAS, subject to safety conditions, will assist in the development of a fully ICAO-compliant GBAS.
In the interests of safety, therefore, CASA has issued previous instruments to enable the GLS approaches at KSA to undergo a suitable trial in association with the KSA GBAS. Qantas Airways Limited (Qantas) had proposed such a trial. Qantas had taken delivery of a number of Airbus A380 aircraft that are equipped with certified GLS-capable receivers and Qantas wished to gain GLS operational experience, conduct crew training and demonstrate the capability of the GLS approaches.
Instructions
The instrument applies only to GLS approaches at KSA. It instructs the pilot in command of an aircraft to use the KSA GBAS. It instructs the pilot that he or she may only conduct a GLS approach below the lowest safe altitude on the relevant air traffic control chart if the ceiling is at least 3 000 feet and the flight crew has the runway threshold in sight. It instructs the pilot to use the GBAS only in accordance with the Qantas trial.
Conditions
The conditions of the trial require that GLS approaches may only be conducted by specially trained Qantas pilots in Airbus A380 aircraft. The aircraft must be equipped with approved and serviceable GLS receivers identified in the flight manual. A GLS approach must be in accordance with the Qantas Flight Crew Operating Manual. Qantas must make regular incident reports to CASA. Qantas must also provide the flight crew and other relevant personnel with incident and feedback forms and encourage their uninhibited completion and submission for the reports to CASA. CASA must be immediately informed of any matter related to the safety of a GLS approach. GLS approaches must not be used for alternate aerodrome planning or in land and hold short operations.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares that instructions not in the form of a Civil Aviation Order are a disallowable instrument. 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 in legislation in force before the commencement of the LIA. The instructions are, therefore, a legislative instrument and are 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 similar to another instrument issued to Qantas for the Boeing 737-800 aircraft trial (CASA 527/08). The renewal has been requested by Qantas to enable the extension of the continuing trial of GLS approaches at KSA, using the same facilities but for Airbus A380 aircraft.
The instrument commences on the day after it is registered and stops having effect at the end of July 2011.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 06/09]
Overview
The Civil Aviation Regulations 1988, enacted to regulate the safety of air navigation in Australia, have been supplemented by the Civil Aviation (Airspace) (General) Instrument 2009, which introduces specific instructions for GLS approach procedures at Kingsford Smith International Airport, Sydney. This legislation was introduced to facilitate a trial of Ground-based Augmentation System (GBAS) approaches, aiming to enhance the safety and efficiency of aircraft landings. The Australian Civil Aviation Safety Authority (CASA) has issued these instructions in accordance with section 98 of the Civil Aviation Act 1988, allowing for the regulation of Instrument Flight Rules (IFR) flights. The policy objective behind these instructions is to support Qantas Airways Limited in gaining operational experience with GLS-capable Airbus A380 aircraft and to contribute to the global development of fully ICAO-compliant GBAS systems. The instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, though consultation under the same act was not undertaken as the trial is a direct extension of a previously approved trial for Boeing 737-800 aircraft.
Scope and Application
The Civil Aviation Regulations 1988, through the issuance of specific instructions, apply to the use of Ground-based Augmentation System (GBAS) approaches for Instrument Flight Rules (IFR) flights at Kingsford Smith International Airport in Sydney. These instructions, made by the Civil Aviation Safety Authority (CASA) under subregulation 179A(1) of the Civil Aviation Regulations 1988, pertain solely to the trial of GBAS approaches at this airport. The instructions are designed to ensure that these approaches are conducted safely and in compliance with the Civil Aviation Safety Regulations 1998, which empower CASA to act as a certified designer of such procedures. Airservices Australia, as a delegate of CASA, is responsible for designing the new GLS approach procedures that utilise the Honeywell Beta+ GBAS facility at the airport. The trial is limited to specially trained pilots operating Airbus A380 aircraft equipped with approved and serviceable GLS receivers, and must adhere strictly to Qantas' Flight Crew Operating Manual. Qantas is required to submit regular incident reports to CASA and ensure that all relevant personnel complete and submit feedback forms without inhibition. The trial is further constrained by safety conditions, including a minimum ceiling of 3000 feet and visual contact with the runway threshold before descending below the lowest safe altitude. Additionally, the instructions are a legislative instrument subject to the Legislative Instruments Act 2003, meaning they are subject to disallowance by the Parliament. The instrument, which is a renewal of a similar one for Boeing 737-800 aircraft, will remain in effect until the end of July 2011.
Key Provisions
The Civil Aviation Regulations 1988 have been amended through the issuance of instructions under section 98 of the Civil Aviation Act 1988, specifically addressing GLS approach procedures for Instrument Flight Rules (IFR) landing approach flights at Kingsford Smith International Airport, Sydney (KSA). These instructions, as outlined in subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988), mandate that pilots in command of aircraft use the KSA Ground-Based Augmentation System (GBAS) for navigation during GLS approaches (subregulation 173.035(4) of the Civil Aviation Safety Regulations 1998 (CASR 1998)). The GBAS is a system that provides navigation and GPS correction data to the aircraft, aiding in the precision of landing approaches. The GBAS in question is a Honeywell Beta+ facility, which, while advanced, does not fully comply with International Civil Aviation Organization (ICAO) requirements. This trial, conducted in collaboration with Qantas Airways Limited (Qantas), aims to assist in the development of a fully ICAO-compliant GBAS.
The instructions stipulate that GLS approaches at KSA can only be conducted by specially trained Qantas pilots using Airbus A380 aircraft equipped with approved GLS receivers, as detailed in the Qantas Flight Crew Operating Manual. Pilots are instructed to use the GBAS only if they can see the runway threshold and if the ceiling is at least 3,000 feet, as per the relevant air traffic control chart. Furthermore, these approaches cannot be used for alternate aerodrome planning or in land and hold short operations. Qantas is also required to submit regular incident reports to the Civil Aviation Safety Authority (CASA) and to provide feedback forms to flight crew and other relevant personnel, encouraging their submission to CASA.
Under the Legislative Instruments Act 2003, these instructions, being a disallowable instrument, are subject to tabling and disallowance in the Parliament. While consultation under section 17 of the Legislative Instruments Act has not been undertaken due to the similarity of this instrument to a previous Qantas trial, the instrument is considered a legislative instrument and must be registered to take effect. The instrument is set to commence on the day following its registration and will cease to have effect at the end of July 2011. This legislative instrument has been issued by a delegate of CASA, as authorised under subregulation 7(1) of CAR 1988.
Failure to comply with these instructions could result in serious safety implications, given the precision and specific conditions required for GLS approaches. The exact consequences for breach are not explicitly stated in the text, but non-compliance could potentially lead to significant operational disruptions, safety risks, or legal repercussions, depending on the severity and nature of the breach. The regulatory framework ensures that all parties involved adhere strictly to the outlined procedures to maintain the safety and efficiency of GLS approaches at KSA.