CASA 115/16 - Instructions — V.F.R. flights conducted by CGG Aviation (Australia) Pty Ltd

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Legislation au F2016L01662 Not in force Legislative Instrument

Legislation content

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

Overview

The Civil Aviation Regulations 1988, amended by the legislative instrument F2016L01662, was enacted to address the specific requirements and procedures for Visual Flight Rules (VFR) flights conducted by CGG Aviation (Australia) Pty Ltd when operating over the sea and below 2,000 feet above the water level using GPS navigation equipment. This instrument was introduced by the Civil Aviation Safety Authority (CASA), acting under the delegation powers of the Civil Aviation Act 1988. The policy objective of this instrument is to ensure the safety of VFR flights conducted by CGG Aviation while allowing the use of GPS technology with appropriate safeguards, thereby maintaining the high safety standards expected in civil aviation operations. The instrument sets out detailed instructions that must be followed by the operator and the pilot in command, including compliance with specific technical standards and procedures related to GPS navigation equipment.

Scope and Application

The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, have been used to issue specific instructions for Visual Flight Rules (V.F.R.) flights conducted by CGG Aviation (Australia) Pty Ltd, a particular operator, when flying over the sea and below 2,000 feet above water level. This instrument, registered under the Legislative Instruments Act 2003, is designed to ensure the safe use of GPS navigation equipment by the operator and the pilot in command. It sets forth standards for the GPS equipment, flight crew competency, and procedures for normal and emergency situations. The instrument is referenced to specific Technical Standard Orders and a CASA Advisory Circular, which are freely available online, and it applies to the operator until the end of August 2018. The instrument was made under a delegation of power from CASA and has been deemed compatible with human rights, with no requirement for further consultation or a Regulation Impact Statement.

Key Provisions

The key provisions of the instrument (F2016L01662) are primarily detailed in Schedule 1, which sets out specific instructions for CGG Aviation (Australia) Pty Ltd when conducting Visual Flight Rules (VFR) flights over the sea and below 2,000 feet above water level using GPS navigation equipment. The operator must adhere to these instructions, which cover the standards for GPS equipment, flight crew competency, and both normal and emergency procedures for the GPS equipment (Subregulation 174D(1)). These standards are referenced from three Technical Standard Orders (TSO-C129a, TSO-C145a, TSO-C146a) and CASA Advisory Circular 21-36 (AC21-36), which outline the minimum performance and airworthiness guidelines for GPS equipment. CGG Aviation (Australia) Pty Ltd and the pilot in command are obligated to comply with the detailed instructions provided in Schedule 1. This includes ensuring the GPS navigation equipment meets the specified technical standards, that the flight crew is adequately trained and competent to operate the equipment, and that they follow prescribed procedures for both normal operations and emergency situations. Additionally, the operator must ensure that any deviations from these instructions are reported and managed appropriately. In the event of non-compliance with the specified instructions, there may be significant repercussions. While the specific penalties are not detailed in the instrument, breaches of civil aviation regulations can lead to enforcement actions by the Civil Aviation Safety Authority (CASA), which may include fines, suspension or revocation of operational licenses, and potential criminal charges for serious violations. The severity of the penalties would depend on the nature and impact of the breach on aviation safety. The instrument has been made under the authority of the Civil Aviation Act 1988 and is subject to registration, tabling, and disallowance processes as outlined in the Legislation Act 2003. The instrument has been deemed not to require further consultation as it is considered not to negatively impact aviation safety. Additionally, a Statement of Compatibility with Human Rights has been prepared, affirming that the instrument does not engage any applicable rights or freedoms, and thus is compatible with human rights.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.