Explanatory Statement
Civil Aviation Regulations 1988
Instructions — for approved use of P-RNAV procedures
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and 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, among other things, the method by which an aircraft is to be navigated and how a positive position fix is to be obtained. Under subregulation 179A (2) of CAR 1988, 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). Under subregulations 179A (3) and (3A), if an instruction is not issued in the form of a Civil Aviation Order (CAO), it is a disallowable instrument and must be either served on the person to whom it applies or published in a Notice to Airmen (NOTAMS) or in an Aeronautical Information Publication (AIP).
Instructions
The instrument applies to the Gulfstream G-V aircraft VH-CCC (the aircraft) operated by Crown Melbourne Limited (the operator). It contains instructions which the operator must follow if using precision area navigation (P-RNAV) procedures. P-RNAV may only be used in a place where P-RNAV procedures are authorised by the air safety authority or air navigation service provider for the place. Under the instrument, the operator is instructed to comply with a series of safety standards and procedures set out in Schedule 2.
Standards and procedures
The operator must comply with the requirements for P-RNAV procedures mentioned in its operations manual and flight manual. These manuals must comply 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 (the temporary guidance leaflet).
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. Flight crew members must have received appropriate briefings and guidance material as set out in section 10 of the temporary guidance leaflet. The operator must tell CASA in writing not later than 14 days after ceasing to be the operator of an aircraft mentioned in Schedule 1.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares instructions that are not in a CAO to be 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 many other instruments issued to operators all of whom meet the same requirements for operations using P-RNAV procedures.
Duration
The instrument commences on the day after it is registered and stops having effect at the end of January 2011.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 08/09]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Government, were established to ensure the safety of air navigation, providing the framework for the regulation of civil aviation operations within Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue instructions concerning Instrument Flight Rules (IFR) flights, ensuring that aircraft are navigated and positioned accurately according to specified methods. The Civil Aviation Act 1988 underpins this regulatory framework by granting the Governor-General the authority to make regulations for the Act, thereby addressing the need for comprehensive and enforceable safety standards in civil aviation. The policy objective is to maintain and enhance the safety of air navigation through stringent regulatory oversight and adherence to prescribed operational standards. This legislative approach ensures that aircraft operators, such as Crown Melbourne Limited for its Gulfstream G-V aircraft VH-CCC, comply with detailed safety requirements and procedures when utilising precision area navigation (P-RNAV) operations, as outlined in the instrument issued by CASA.
Scope and Application
The instrument pertains to the operation of the Gulfstream G-V aircraft with registration number VH-CCC, operated by Crown Melbourne Limited, and provides specific instructions for the approved use of precision area navigation (P-RNAV) procedures. This legislation applies directly to the mentioned aircraft and its operator, establishing safety standards and procedures that must be adhered to when employing P-RNAV methods. These procedures can only be used in locations where they are authorised by the air safety authority or the air navigation service provider. The regulations require compliance with detailed operational and flight manuals that must align with standards outlined in Temporary Guidance Leaflet No. 10 by the Joint Aviation Authority. Additionally, the airborne systems installed on the aircraft must meet specific performance and functional criteria and be approved by the Civil Aviation Safety Authority (CASA). The training programs for the flight crew must also adhere to the training program standards in the guidance leaflet, and crew members must be provided with appropriate briefings and guidance material.
The geographic and jurisdictional reach of this legislation is established by the Civil Aviation Regulations 1988 under the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. The instrument is not issued as a Civil Aviation Order (CAO) and is therefore a disallowable instrument under subregulation 179A(3A) of the Civil Aviation Regulations 1988 and subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. This specific instrument is effective from the day after its registration and ceases to have effect by the end of January 2011.
Key Provisions
The primary provisions of this legislation, found under section 98 of the Civil Aviation Act 1988, establish the authority for the Governor-General to enact regulations that govern the Act and ensure the safety of air navigation (subsection 98(1)). Specifically, subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988) empowers the Civil Aviation Safety Authority (CASA) to issue instructions regarding Instrument Flight Rules (I.F.R.) flights. These instructions can detail the navigation methods and methods for obtaining a positive position fix (subregulation 179A(1)). Subregulation 179A(2) mandates that aircraft must not be flown under I.F.R. if they are not equipped in accordance with these instructions. Furthermore, subregulations 179A(3) and 179A(3A) clarify that instructions not issued as Civil Aviation Orders (CAO) must either be served directly or published in relevant notices or publications.
The legislation imposes several obligations on the operator of the Gulfstream G-V aircraft VH-CCC. Firstly, the operator must adhere to the safety standards and procedures outlined in Schedule 2 of the instrument. This includes ensuring that the operations manual and flight manual comply with the standards set forth in sections 9 and 10 of the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. The airborne systems installed in the aircraft must meet the performance and functional criteria stipulated in sections 6 and 7 of the same guidance leaflet and must have CASA approval. Additionally, the training program for flight crew must adhere to the standards detailed in paragraph 10.5 of the leaflet, and flight crew must receive appropriate briefings and guidance material as per section 10. The operator is also required to notify CASA within 14 days of ceasing to operate the aircraft mentioned in Schedule 1.
The legislative framework provides for specific consequences in the event of non-compliance. Subregulation 179A(3A) of CAR 1988 classifies instructions that are not in the form of a CAO as disallowable instruments. Under the Legislative Instruments Act 2003, such instruments are legislative instruments subject to tabling and disallowance in Parliament (section 5). While consultation under section 17 of the LIA has not been undertaken in this instance, the instrument's similarity to others issued to operators suggests a standardised approach. The instrument itself is effective from the day after registration until the end of January 2011, as per its commencement and cessation clauses. The instrument was created by a CASA delegate under subregulation 7(1) of CAR 1988.