CASA 07/09 - Instructions - for approved use P-RNAV procedures

Overview

The Civil Aviation Regulations 1988 Instructions—for approved use of P-RNAV procedures (F2009L00103) were enacted to address the need for specific guidelines and safety standards for the use of precision area navigation (P-RNAV) procedures by the Bombardier BD-700 Global Express aircraft VH-TGG, operated by Gandel Investments Pty Ltd. This instrument was introduced to ensure that P-RNAV procedures are implemented in a manner consistent with safety regulations and standards, thereby enhancing the safety of air navigation. The Civil Aviation Regulations 1988 empower the Civil Aviation Safety Authority (CASA) to issue such instructions, which are binding on the aircraft operator. The objective of this legislation is to ensure that the operator complies with stringent safety protocols, including adherence to standards outlined in the Joint Aviation Authority’s Temporary Guidance Leaflet No. 10, thereby maintaining the integrity and safety of Instrument Flight Rules (I.F.R.) flights.

Scope and Application

The instrument pertains to the Bombardier BD-700 Global Express aircraft VH-TGG operated by Gandel Investments Pty Ltd, and it specifies the approved use of P-RNAV procedures. The instrument, falling under Section 98 of the Civil Aviation Act 1988, mandates that the aircraft must adhere to certain safety standards and procedures outlined in Schedule 2, ensuring that these procedures are only used in locations where they have been authorised by the air safety authority or air navigation service provider. The operator is required to align with the P-RNAV procedures delineated in their operations manual and flight manual, which must meet the standards and procedures stipulated in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Additionally, the airborne systems installed in the aircraft must satisfy the performance and functional criteria set forth in sections 6 and 7 of the temporary guidance leaflet and must be approved by CASA for P-RNAV procedures. The training program for the flight crew must also comply with the training standards outlined in paragraph 10.5 of the temporary guidance leaflet, and the crew must be appropriately briefed and provided with guidance material as detailed in section 10 of the leaflet. The operator is obligated to notify CASA in writing within 14 days of ceasing to operate the specified aircraft. Furthermore, under the Legislative Instruments Act 2003, the instructions are considered a legislative instrument and are subject to tabling and disallowance in Parliament. While the instrument is not subject to disallowance as it is not in the form of a Civil Aviation Order, it must be served on the person to whom it applies or published in a Notice to Airmen or in an Aeronautical Information Publication. The instrument comes into effect on the day following its registration and will cease to have effect at the end of January 2011.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain specific instructions for the approved use of precision area navigation (P-RNAV) procedures. Under subregulation 179A(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) can issue instructions regarding Instrument Flight Rules (I.F.R.) flights, including the method of navigation and obtaining a positive position fix. The instrument issued under subregulation 179A(1) applies to the Bombardier BD-700 Global Express aircraft VH-TGG operated by Gandel Investments Pty Ltd, and it outlines the necessary safety standards and procedures for the use of P-RNAV procedures as set out in Schedule 2. The operator of the aircraft must adhere to the requirements for P-RNAV procedures outlined in their operations manual and flight manual, which must be compliant with the standards and procedures mentioned in sections 9 and 10 of Temporary Guidance Leaflet No. 10 (Airworthiness and Operational Approval for Precision RNAV operations in designated European airspace) issued by the Joint Aviation Authority. Furthermore, the airborne systems installed in the aircraft must meet the performance certification criteria and functional criteria mentioned in sections 6 and 7 of the temporary guidance leaflet and must have been approved by CASA for use with P-RNAV procedures. The training program for flight crew using P-RNAV procedures must comply with the standards for training programs mentioned in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance material as set out in section 10 of the temporary guidance leaflet. Failure to comply with these instructions and requirements may result in legal consequences. Subregulation 179A(2) of CAR 1988 states that the pilot in command of an aircraft must not fly it under the I.F.R. if it is not equipped for navigation and to obtain positive position fixes in accordance with instructions issued under subregulation 179A(1). Additionally, subregulation 179A(3A) of CAR 1988 declares instructions that are not in a Civil Aviation Order (CAO) to be a disallowable instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. As such, failure to comply with the instructions and requirements may lead to potential penalties or consequences as prescribed by law.