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 Bombardier BD-700-1A10 aircraft VH-VLA(the aircraft) operated by Holypeak Proprietary 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 3.
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 Authorities (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.
Human Rights Compatibility Statement
This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Duration
The instrument commences on the day after it is registered and stops having effect at the end of February 2015.
The instrument has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA 105/12]
Overview
The Civil Aviation Regulations 1988, as amended, were enacted to ensure the safety and efficiency of civil aviation in Australia, addressing gaps in aviation regulation and the need for standardised safety protocols. Under Section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations necessary for the safety of air navigation, delegating such authority to the Civil Aviation Safety Authority (CASA). The policy objective of these regulations is to maintain and enhance aviation safety by setting clear standards for aircraft operations, including the use of precision area navigation (P-RNAV) procedures. The explanatory statement outlines specific instructions for the approved use of P-RNAV procedures by a designated aircraft operator, ensuring compliance with international standards and ensuring that the aircraft and its crew are adequately prepared for such operations. This instrument, subject to the Legislative Instruments Act 2003, is considered a legislative instrument and is subject to disallowance by Parliament, underscoring the importance of regulatory oversight in maintaining aviation safety standards.
Scope and Application
The instrument pertains to the Bombardier BD-700-1A10 aircraft VH-VLA operated by Holypeak Proprietary Limited and governs the approved use of precision area navigation (P-RNAV) procedures in accordance with specific safety standards and procedures. The instrument applies to the aircraft and the operator and is subject to the Civil Aviation Regulations 1988, under which the Civil Aviation Safety Authority (CASA) can issue instructions regarding Instrument Flight Rules (I.F.R.) flights. Notably, subregulations 179A(3) and 179A(3A) of the Civil Aviation Regulations 1988 declare that instructions not issued in the form of a Civil Aviation Order are disallowable instruments and must be served on the applicable party or published in a Notice to Airmen or an Aeronautical Information Publication. The instrument is a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The instrument does not apply to any other aircraft or operators beyond those specified. The instrument commences on the day after it is registered and ceases to have effect at the end of February 2015.
Key Provisions
The instrument under discussion pertains to the approved use of Precision Area Navigation (P-RNAV) procedures for a specific aircraft operated by Holypeak Proprietary Limited. It is important to note that these P-RNAV procedures can only be used in areas where they have been authorised by the air safety authority or the air navigation service provider. Under the Civil Aviation Regulations 1988 (CAR 1988), specifically subregulation 179A(1), the operator is required to follow a series of safety standards and procedures set out in Schedule 3 of the instrument. These standards and procedures are designed to ensure the safe and effective use of P-RNAV procedures.
The operator must adhere to the requirements outlined in their operations manual and flight manual for P-RNAV procedures. 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 Authorities. Furthermore, the airborne systems installed in the aircraft must meet the performance and functional criteria mentioned in sections 6 and 7 of the temporary guidance leaflet and must have been approved by the Civil Aviation Safety Authority (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 have received appropriate briefings and guidance material as set out in Section 10 of the temporary guidance leaflet.
Failure to comply with the requirements set out in the instrument may result in civil or criminal consequences. Under subregulation 179A(3) of CAR 1988, 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). According to the Legislative Instruments Act 2003 (LIA), the instrument is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. It is important to note that this instrument does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues. The instrument commences on the day after it is registered and stops having effect at the end of February 2015. The instrument has been made by a delegate of CASA under subregulation 11.260(1) of CAR 1988.