EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
INSTRUCTIONS — TRIAL USE OF RNAV (GNSS) BY
VIRGIN BLUE AIRLINES
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to 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 the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
Instrument CASA 112/03, issued under subregulation 179A (1), provides instructions as to how a pilot in command of an aircraft operating under the I.F.R. may use the Global Positioning System (GPS). Among other things, the instrument details the procedures for using GPS for carrying out non‑precision approaches. It specifies the navigational equipment that must be installed.
Aircraft operated by larger airlines have flight management computer systems (FMS) that differ from the equipment specified in CASA 112/03. They use GPS to update navigation data provided by multiple inertial reference systems (IRS) employing self‑contained laser guided gyroscopes.
Instrument CASA 88/05, contains procedures for the conduct of a trial by Virgin Blue Airlines Pty Ltd (Virgin Blue) of GPS non-precision approaches (NPA). The instrument required the pilot in command to comply with specific procedures for conducting a GPS NPA, including when a GPS NPA must be discontinued, and imposed reporting requirements on Virgin Blue. In addition, all flight crew were to be given a copy of the instrument before they participated in the trial. The aircraft and FMS equipment to be used in the trial were specified in the Schedule to that instrument.
Virgin Blue wishes to revise and correct the list of aircraft involved in the trial. Instrument CASA 88/05 has therefore been revoked and remade with the deletion of an aircraft and the correction of a serial number.
In November 2004, the International Civil Aviation Organization (ICAO) published a new instrument approach and landing chart (IAL) naming convention (ICAO Document 8168 referred to as PAN-OPS). It is Australian aviation policy that instrument flight procedures should conform to ICAO PAN-OPS rules. On 25 November 2004, therefore, the titles on Australian IALs changed to conform to the new ICAO convention.
This change has the effect that the current GPS non-precision approach procedures have been re-titled RNAV (GNSS). GNSS is the Global Navigation Satellite System, of which the US GPS is only one example. RNAV stands for Area Navigation. The only RNAV approach procedure currently available in Australia uses GPS. However, other systems may soon be available. RNAV (GNSS) is the ICAO generic term for these systems.
The modifications made to the revised Instructions to Virgin Blue reflect these changes of nomenclature.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares Instructions 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 2003 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 under section 17 of the LIA has not been undertaken in this case. The instrument has been requested by Virgin Blue, is for the purposes of a trial only and, with minor modifications, replaces an earlier instrument.
The instrument comes into effect at the start of the day after it is registered on the Federal Register of Legislative Instruments. The instrument stops having effect at the end of September 2005.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument Number: CASA 107/05]
Overview
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 provide the framework for aviation regulation in Australia, with the objective of ensuring the safety and efficiency of air navigation. The Act allows the Governor-General to make regulations, while the Regulations specify various operational procedures, including navigation methods under Instrument Flight Rules. The Civil Aviation Safety Authority (CASA) can issue instructions under the Regulations, which have been updated to include the use of GPS for navigation, as detailed in Instrument CASA 112/03. In light of the International Civil Aviation Organization's (ICAO) new instrument approach and landing chart naming convention, which has led to the renaming of GPS non-precision approaches to RNAV (GNSS), CASA has issued new instructions to Virgin Blue Airlines to reflect these changes. The updated Instructions, CASA 107/05, are a legislative instrument subject to the Legislative Instruments Act 2003, which governs their tabling and disallowance in the Parliament, although consultation under the Act was not required for this case. The Instructions are effective from the day after their registration and will cease at the end of September 2005, aligning with the trial period and the new ICAO nomenclature.
Scope and Application
The Civil Aviation Regulations 1988 govern the safety and efficiency of civil aviation in Australia, with specific regulations pertaining to the operation of aircraft under Instrument Flight Rules (IFR). Subregulation 179A(1) of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue instructions regarding the navigation methods and position fix requirements for aircraft operating under IFR. CASA 112/03 provides such instructions for the use of the Global Positioning System (GPS) in IFR flights, including details on non-precision approaches. However, larger airlines typically use more advanced flight management computer systems (FMS) that integrate GPS with inertial reference systems (IRS) for navigation. CASA 88/05, now replaced by CASA 107/05, initially contained procedures for Virgin Blue Airlines to conduct trials using GPS non-precision approaches (NPA). The revised CASA 107/05 corrects and updates the list of aircraft involved in the trial, reflecting the recent re-titling of GPS non-precision approaches to RNAV (GNSS) following the International Civil Aviation Organization’s (ICAO) new naming convention. This instrument, being a legislative instrument under the Legislative Instruments Act 2003, is subject to disallowance by Parliament. It was made by a delegate of CASA, in accordance with subregulation 7(1) of the Civil Aviation Regulations 1988, and will cease to have effect at the end of September 2005.
Key Provisions
The main operative sections of this legislation pertain to the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Act 1988. Section 98 of the Civil Aviation Act 1988 (the Act) allows the Governor-General to make regulations for the purposes of the Act and for the safety of air navigation (s 98). In relation to this, subregulation 179A(1) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to issue instructions concerning Instrument Flight Rules (IFR) flights, specifically detailing the method of aircraft navigation and how to obtain a positive position fix (subreg 179A(1)). Instrument CASA 112/03, issued under subregulation 179A(1), outlines the procedures for using Global Positioning System (GPS) for non-precision approaches and specifies the required navigational equipment (Instrument CASA 112/03). Additionally, Instrument CASA 88/05 outlines the procedures for Virgin Blue Airlines' trial of GPS non-precision approaches (NPA) and specifies the aircraft and flight management systems (FMS) to be used in the trial (Instrument CASA 88/05).
The obligations imposed on Virgin Blue Airlines under this legislation are stringent and specific. The airline must comply with the procedures outlined in Instrument CASA 88/05 for conducting GPS NPAs, including the mandatory continuation or discontinuation of a GPS NPA under certain conditions, and adhere to the reporting requirements imposed by the instrument. All flight crew must be provided with a copy of the instrument before participating in the trial (Instrument CASA 88/05). Moreover, the aircraft and FMS equipment specified in the Schedule to the instrument must be used during the trial. The revision and correction of the list of aircraft involved in the trial are also detailed in the updated instrument, reflecting changes in aircraft nomenclature in accordance with the International Civil Aviation Organization's (ICAO) new instrument approach and landing chart (IAL) naming convention (PAN-OPS).
The legislation also addresses the consequences of non-compliance with the specified instructions and regulations. Under subregulation 179A(3A) of CAR 1988, the Instructions are considered a disallowable instrument. This classification makes them subject to tabling and potential disallowance in the Parliament as per sections 38 and 42 of the Legislative Instruments Act 2003 (LIA) (subreg 179A(3A), LIA ss 38, 42). While consultation under section 17 of the LIA has not been undertaken, the instrument is considered necessary for the trial purposes requested by Virgin Blue and replaces an earlier instrument with minor modifications. The instrument comes into effect on the day after it is registered on the Federal Register of Legislative Instruments and ceases to have effect at the end of September 2005. The exemption has been granted by the Deputy Chief Executive and Chief Operating Officer of CASA, in accordance with subregulation 7(1) of CAR 1988.