Explanatory Statement
Civil Aviation Regulations 1988
Instructions — V.F.R. flights conducted by CGG Aviation (Australia) Pty Ltd
Legislation
Subsection 98 (1) 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 174D (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions in relation to Visual Flight Rules (V.F.R.) flights specifying the method by which an aircraft is to be navigated, how a positive position fix for an aircraft is to be obtained, and how often a positive position fix is to be obtained.
Instrument
The instrument applies in respect of CGG Aviation (Australia) Pty Ltd (the operator) when it operates an aircraft in V.F.R. flight over the sea and below 2 000 feet above the water level. Schedule 1 of the instrument sets out instructions for the operator and the pilot in command of the aircraft when GPS navigation equipment is used to navigate and fix the position of the aircraft. The instructions cover matters such as standards applicable to the GPS navigation equipment, flight crew competency, and normal and emergency procedures for the use of the GPS navigation equipment.
Legislation Act 2003 (the LA)
Under section 57A of the LA, an instrument is a legislative instrument for section 8 of the LA if it is declared to be a disallowable instrument under legislation in force before 1 January 2005. Under subregulation 174D (3A) of CAR 1988 (which was in force before 1 January 2005), an instruction under subregulation 174D (1) that is not issued in the form of a Civil Aviation Order (CAO) is declared to be a disallowable instrument. Since the instructions in the instrument are not to be set out in a CAO, the instrument is a legislative instrument that is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
The operator has requested this instrument to enable it to satisfactorily carry out its operations. CASA has assessed that the instrument will not have a negative impact on aviation safety. In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day after registration and is repealed at the end of 31 August 2018.
[Instrument number CASA 100/16]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Instructions — V.F.R. flights conducted by CGG Aviation (Australia) Pty Ltd
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument applies in relation to CGG Aviation (Australia) Pty Ltd (the operator). It contains instructions which the operator and the pilot in command of the operator’s aircraft must follow if using GPS navigation equipment to obtain a positive position fix when conducting Visual Flight Rules flights over the sea at an altitude below 2 000 feet. Under the instrument, the operator is instructed to comply with a series of instructions set out in Schedule 1, including the standards applicable to the GPS, flight crew competency, and normal and emergency procedures concerning the operation of the GPS navigation equipment.
The purpose of the legislative instrument is to allow the use of GPS navigation equipment with appropriate safeguards. It is expected that the instrument will not have a negative impact on aviation safety.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority
Overview
The Civil Aviation Regulations 1988, as amended, include specific instructions for Visual Flight Rules (V.F.R.) flights conducted by CGG Aviation (Australia) Pty Ltd, governing the use of GPS navigation equipment for these operations. Enacted by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988, these instructions aim to ensure the safe use of GPS navigation in V.F.R. flights over the sea and below 2,000 feet above the water level. The regulations cover standards for GPS equipment, flight crew competency, and both normal and emergency procedures, thereby addressing the need for specific operational guidelines for this type of flight while maintaining aviation safety standards. This legislative instrument is subject to disallowance in the Parliament, as it is classified as a disallowable instrument under the Legislation Act 2003.
Scope and Application
The instrument issued under the Civil Aviation Regulations 1988 applies specifically to CGG Aviation (Australia) Pty Ltd, a designated operator, when it conducts Visual Flight Rules flights over the sea and below 2,000 feet above the water level. It mandates that the operator and the pilot in command must adhere to detailed instructions outlined in Schedule 1 when using GPS navigation equipment to ascertain a positive position fix. These instructions include standards for the GPS equipment, flight crew competency, and procedures for both normal and emergency operations of the GPS navigation system. The instrument is designed to ensure that the use of GPS navigation equipment is conducted safely and effectively, thereby maintaining aviation safety standards. The instrument is a legislative instrument subject to tabling and disallowance in the Parliament, and it is deemed compatible with human rights as it does not engage any applicable rights or freedoms.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) provide the framework for aviation safety in Australia, and under subregulation 174D(1), the Civil Aviation Safety Authority (CASA) is empowered to issue instructions for Visual Flight Rules (VFR) flights. Specifically, subregulation 174D(1) allows CASA to specify methods for navigating aircraft, obtaining positive position fixes, and the frequency of these fixes. The instrument in question, made under this subregulation, applies to CGG Aviation (Australia) Pty Ltd when it operates aircraft in VFR flights over the sea at altitudes below 2,000 feet above water level. This instrument mandates that the operator and the pilot in command must adhere to a set of instructions when using GPS navigation equipment, as detailed in Schedule 1. These instructions encompass standards for the GPS equipment, requirements for flight crew competency, and procedures for normal and emergency operations involving the GPS.
Under the Civil Aviation Act 1988, CASA's instructions are binding on the parties they govern, and in this case, CGG Aviation (Australia) Pty Ltd and the pilot in command must strictly follow the specified procedures. This includes ensuring that the GPS navigation equipment meets certain standards, that flight crew are adequately trained and competent in using the equipment, and that both normal and emergency procedures are meticulously followed. Failure to comply with these instructions could potentially compromise aviation safety, and thus, adherence is strictly enforced.
The legislation stipulates that the instrument is a legislative instrument subject to disallowance under section 57A of the Legislation Act 2003, as it is declared to be a disallowable instrument. Although no further consultation was deemed necessary by CASA, the instrument must still be tabled and can be disallowed by Parliament. Any breach of the instructions outlined in the instrument could lead to serious safety concerns, and while specific penalties are not detailed in the instrument itself, non-compliance with CASA instructions generally could result in enforcement actions, including fines, suspension of operations, or other regulatory sanctions as deemed appropriate by CASA.
The instrument also addresses human rights considerations, asserting compatibility with the human rights and freedoms recognised in international instruments as per the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement of Compatibility with Human Rights confirms that the legislative instrument does not engage any of the applicable rights or freedoms, thereby concluding that it is compatible with human rights. This instrument, therefore, aims to balance operational efficiency with stringent safety requirements, ensuring that the use of GPS navigation equipment does not adversely affect aviation safety.