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, 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.
The standards applicable to the GPS navigation equipment are incorporated into the instrument by reference to 3 Technical Standard Orders (the TSOs) and CASA Advisory Circular 21-36 (the AC) mentioned in paragraph 2 (a) of Schedule 1 to the instrument.
TSO‑C129a states minimum performance standards for airborne supplemental area navigation equipment using GPS.
TSO‑C145a states minimum performance standards for airborne navigation sensors that use GPS augmented by the Wide Area Augmentation System (WAAS).
TSO‑C146a states minimum performance standards for stand-alone airborne navigation equipment using GPS augmented by the WAAS.
The AC provides airworthiness guidelines for global navigation satellite systems (known as “GNSS”) equipment, including GPS.
The TSOs are freely available on the FAA website while the AC is freely available on the CASA website.
Legislation Act 2003 (the LA)
Under subsection 8 (3) of the LA, an instrument is a legislative instrument for the LA if it is registered as a legislative instrument. By the registration of the instrument, it is legislative and 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 115/16]
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