CASA 105/15 - Instructions — V.F.R. flights conducted by CGG Aviation (Australia) Pty Ltd

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, provide a comprehensive framework for the regulation of civil aviation in Australia, focusing on safety and efficiency. The regulations allow the Civil Aviation Safety Authority (CASA) to issue instructions under certain conditions to ensure compliance with safety standards. A specific legislative instrument, F2015L01176, was introduced to address the need for specific instructions for V.F.R. flights conducted by CGG Aviation (Australia) Pty Ltd. This instrument was created in response to the operator's request to use GPS navigation equipment for Visual Flight Rules flights over the sea at altitudes below 2,000 feet above mean sea level. The instrument aims to maintain aviation safety while allowing the operator to conduct its business effectively. It is subject to disallowance in the Parliament, reflecting the legislative oversight required for such instruments. The instrument has been deemed compatible with human rights, ensuring that it does not adversely impact any recognised or declared rights or freedoms.

Scope and Application

The Civil Aviation Regulations 1988 Instructions — V.F.R flights conducted by CGG Aviation (Australia) Pty Ltd apply specifically to aircraft operated by CGG Aviation (Australia) Pty Ltd. This legislation mandates the operator to adhere to particular instructions when utilising GPS navigation equipment to ascertain a positive position fix during Visual Flight Rules flights over the sea at altitudes below 2,000 feet above mean sea level. These instructions, detailed in Schedule 1, encompass standards for the GPS, flight crew competency, and operational procedures, thereby ensuring safe and compliant flight operations. The instrument, being a legislative instrument under the Legislative Instruments Act 2003, is subject to parliamentary scrutiny, disallowance, and tabling procedures. Although it is not deemed necessary to undertake additional consultation beyond the operator's request, the instrument's impact on aviation safety has been evaluated positively, with no adverse effects anticipated. Additionally, a Statement of Compatibility with Human Rights confirms the instrument's alignment with international human rights standards, asserting that it does not infringe upon any recognised rights or freedoms.

Key Provisions

The Civil Aviation Regulations 1988, as amended by the legislative instrument F2015L01176, contains specific instructions for V.F.R flights conducted by CGG Aviation (Australia) Pty Ltd when using GPS navigation equipment below 2,000 feet above mean sea level over the sea. These instructions are detailed in Schedule 1 and cover various aspects including GPS standards, flight crew competency, and procedures (subregulation 174D(1)). The instrument is made under the authority granted by subsection 98(1) of the Civil Aviation Act 1988, which allows for regulations to ensure the safety of air navigation. The legislative instrument imposes several obligations on CGG Aviation (Australia) Pty Ltd. The operator must ensure that all GPS navigation equipment used meets the specified standards and that flight crew are adequately trained and competent in using such equipment. Furthermore, the operator must adhere to the procedures outlined in Schedule 1 to maintain the integrity and safety of V.F.R flights over the sea (subregulation 174D(1)). This includes obtaining a positive position fix in accordance with the prescribed methods and frequencies. Breaching the provisions set forth in the legislative instrument can result in various consequences. Under the Civil Aviation Act 1988, any non-compliance with the regulations or instructions may lead to enforcement actions by the Civil Aviation Safety Authority (CASA). The potential penalties can include fines and, in severe cases, the suspension or revocation of the operator's air operator's certificate. The exact penalties for non-compliance are not explicitly stated in the text but are typically detailed in the Civil Aviation Act 1988 and related regulations. As a legislative instrument, the F2015L01176 is subject to the provisions of the Legislative Instruments Act 2003. This means it must be tabled in Parliament and can be subject to disallowance if not done so. This process ensures that the instrument has undergone parliamentary scrutiny and provides a check on the exercise of delegated legislative power. The instrument was made by a delegate of CASA under the power of delegation specified in subregulation 11.260(1) of the Civil Aviation Regulations 1988 and it comes into effect after registration, expiring at the end of August 2016.