CASA 112/03 - Instructions under regulation 179A relating to the use of the Global Positioning System (GPS)

Overview

The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, addressing the need for safety and efficiency in air navigation. One of the key mechanisms through which this is achieved is through the Civil Aviation Regulations 1988, which include provisions for issuing specific instructions regarding the use of technologies such as the Global Positioning System (GPS) in Instrument Flight Rules (I.F.R.) flights. These instructions, issued under the authority of the Civil Aviation Safety Authority (CASA), are designed to ensure the safe and effective use of GPS in various phases of flight, including oceanic, remote area, and domestic en-route phases, as well as for non-precision approach procedures. The instructions also provide guidance on operating without Receiver Autonomous Integrity Monitoring (RAIM) and clarify arrangements for GPS arrival procedures. The policy objective of these regulations is to maintain high safety standards in air navigation by ensuring that pilots and aviation operators have clear and up-to-date guidance on the use of GPS technology. These instructions are issued under the authority of the Director of Aviation Safety on behalf of CASA and are intended to be published in Aeronautical Information Publications (AIP) or Notices to Airmen (NOTAMS) to ensure they are widely disseminated and adopted by the aviation community.

Scope and Application

The Civil Aviation Act 1988 and the associated Civil Aviation Regulations 1988 govern the safety of air navigation in Australia, and under Section 98 of the Act, the Governor-General has the authority to issue regulations for these purposes. Specifically, subregulation 179A(1) of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue instructions regarding Instrument Flight Rules (IFR) flights, including the navigation methods and the means by which a positive position fix must be obtained. Instrument CASA 112/03, issued under these provisions, provides detailed instructions on the use of the Global Positioning System (GPS) for pilots operating under IFR, covering procedures for oceanic, remote area, and domestic en-route phases of flight, as well as non-precision approach procedures. This instrument also addresses the use of GPS without Receiver Autonomous Integrity Monitoring (RAIM) on domestic en-route flights, and the use and supply of GPS-derived distance information. Furthermore, it outlines arrangements for GPS and DME arrival procedures. It is noteworthy that these instructions do not become binding until they are published in the Aeronautical Information Publications (AIP) or Notices to Airmen (NOTAMS), as per subregulation 179A(3) of the CAR 1988. These instructions were issued by the Director of Aviation Safety on behalf of CASA, as authorised by subsection 84A(2) of the Act, and came into effect upon gazettal.

Key Provisions

The Civil Aviation Act 1988 (section 98) empowers the Governor-General to issue regulations concerning the safety of air navigation, which is crucial for maintaining the integrity of the airspace. The Civil Aviation Regulations 1988 (subregulation 179A(1)) further detail that the Civil Aviation Safety Authority (CASA) can issue instructions about Instrument Flight Rules (I.F.R.) flights, including the navigation methods and the acquisition of positive position fixes. These regulations and instructions are designed to ensure that aircraft are navigated safely and efficiently, particularly under conditions where visual flight rules are not applicable. Under these provisions, Instrument CASA 112/03 has been issued to specify when a pilot in command can use the Global Positioning System (GPS) for navigating I.F.R. flights. This instrument outlines the procedures for using GPS in various phases of flight, including oceanic, remote area, and domestic en-route phases. Additionally, it provides guidance on performing non-precision approach procedures using GPS and operating without Receiver Autonomous Integrity Monitoring (RAIM) during domestic en-route phases. Furthermore, it addresses the use and supply of GPS-derived distance information and specifies arrangements for GPS arrival procedures and DME or GPS arrival procedures. The instrument serves to update the standards for GPS navigation equipment by incorporating new Technical Standard Orders from the Federal Aviation Administration of the United States of America, thereby replacing the outdated Instrument CASA 277/97. The obligations imposed by these regulations on pilots and operators include adhering to the specified procedures and standards for using GPS as outlined in Instrument CASA 112/03. Pilots must ensure they are familiar with and comply with the instructions before using GPS for navigation, particularly in critical phases of flight such as approaches and en-route operations. Operators are also required to ensure that their navigation systems meet the updated standards and that they are properly configured and maintained. Compliance with these instructions is essential for the safe operation of aircraft under I.F.R. and is a legal requirement enforced by CASA. Failure to comply with the instructions outlined in Instrument CASA 112/03 may result in significant consequences. While the specific civil or criminal penalties are not detailed in the instrument, breaches of regulations under the Civil Aviation Act 1988 can lead to enforcement actions by CASA. These actions may include fines, revocation of licenses, or other regulatory sanctions. The seriousness of the breach, such as the phase of flight or the potential impact on safety, will influence the severity of the penalty imposed. It is imperative for pilots and operators to strictly adhere to the provided instructions to avoid any legal repercussions.