CASA 06/11 – Instructions – V.F.R. flights conducted by Fugro Airborne Surveys Pty Ltd

Overview

The Civil Aviation Regulations 1988 were enacted to provide for the safety of air navigation in Australia, and section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for this purpose. The Civil Aviation (Instrument Flight Rules and Visual Flight Rules) Instrument 2011 (F2011L00209) addresses a specific need for the navigation of aircraft on Visual Flight Rules (V.F.R.) flights, particularly when using GPS navigation equipment to obtain a positive position fix over the sea at or below 2000 feet above mean sea level. This legislative instrument, issued by a delegate of the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Regulations 1988, outlines necessary instructions for the operator Fugro Airborne Surveys Pty Ltd to ensure safety and compliance. The instrument is subject to disallowance under the Legislative Instruments Act 2003 and is effective from the day after registration until the end of January 2012, demonstrating the intention to provide a time-bound, operational solution tailored to the specific requirements of the operator.

Scope and Application

The Civil Aviation Regulations 1988, as amended by this instrument, apply specifically to aircraft operated by Fugro Airborne Surveys Pty Ltd, mandating the adherence to certain navigation instructions for Visual Flight Rules (V.F.R.) flights. These instructions are imperative for the operator when using GPS navigation equipment to obtain a positive position fix during V.F.R. flights over the sea at or below 2000 feet above mean sea level. The regulations encompass a range of compliance requirements including standards for the GPS equipment, competency of the flight crew, and operational procedures. The instrument is authorised under section 98 of the Civil Aviation Act 1988, enabling the issuance of detailed navigation instructions by the Civil Aviation Safety Authority (CASA) to ensure safety in air navigation. Notably, the instrument does not extend to other operators or flights not conducted under the specified conditions. Furthermore, this instrument is considered a disallowable instrument under the Legislative Instruments Act 2003, subject to parliamentary disallowance, although consultation as per the Legislative Instruments Act has not been undertaken in this instance. The instrument will be in effect from the day after its registration until the end of 31 January 2012.

Key Provisions

The Civil Aviation Regulations 1988, under subregulation 174D(1), empower the Civil Aviation Safety Authority (CASA) to issue specific instructions concerning the navigation of aircraft under Instrument Flight Rules (IFR), including how a positive position fix is to be obtained. For VFR flights conducted by Fugro Airborne Surveys Pty Ltd over the sea at or below 2000 feet above mean sea level, the operator must adhere to the instructions provided in Schedule 1 of the instrument. These instructions detail the standards for GPS equipment, flight crew competency, and procedures to be followed when using GPS navigation to obtain a positive position fix. The obligations imposed on Fugro Airborne Surveys Pty Ltd are comprehensive, requiring strict compliance with the detailed operational and technical standards outlined in the instrument. These standards encompass the maintenance and calibration of GPS equipment, the qualifications and training of flight crew, and the specific procedures to be implemented during VFR flights over the sea at the specified altitudes. The operator is required to ensure that all flight crew members are competent in the use of GPS navigation equipment and that the equipment itself meets the prescribed standards to obtain a positive position fix. Failure to comply with the instructions issued under the Civil Aviation Regulations 1988 can result in serious consequences. While the explanatory statement does not detail specific civil or criminal penalties, non-compliance with CASA instructions generally can lead to enforcement actions by CASA, including fines, suspension or revocation of operational permits, and other regulatory measures. Additionally, under subregulation 174D(3A) of the CAR 1988, the instrument is a disallowable instrument, meaning it is subject to potential disallowance by Parliament, which could render the instructions invalid. The instrument, as a legislative instrument, is subject to the provisions of the Legislative Instruments Act 2003. Although consultation with stakeholders was not undertaken in this instance, the instrument has been issued to facilitate the operator's ability to conduct its operations effectively. The instrument will cease to have effect at the end of 31 January 2012, unless otherwise extended or amended by CASA. The authority to issue this instrument derives from subregulation 7(1) of the CAR 1988, executed by a delegate of CASA.