CASA 120/11 – Instructions – for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing issues related to the safety and efficiency of air navigation. The Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations concerning the Act and the safety of air navigation. This legislative framework aims to ensure that aviation operations are conducted in a manner that protects the public and maintains the highest standards of safety. The explanatory statement outlines a specific instruction issued under subregulation 179A of CAR 1988 for the approved use of Precision Area Navigation (P-RNAV) procedures by a particular aircraft, the Gulfstream GIV aircraft operated by Crown Melbourne Limited. The instruction mandates compliance with safety standards and procedures set forth in the relevant manuals and guidance leaflets, ensuring that the airborne systems and flight crew training align with the required criteria. This measure underscores the policy objective of maintaining stringent safety protocols in the operation of P-RNAV procedures within designated airspace.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide a framework for the regulation of civil aviation in Australia, and this specific instrument concerns the approved use of P-RNAV procedures for a particular aircraft operated by a specific entity. The instrument applies to the Gulfstream GIV aircraft VH-CGF, operated by Crown Melbourne Limited, and mandates that the operator adhere to a set of safety standards and procedures when using precision area navigation (P-RNAV) procedures. These procedures can only be used in areas where they are authorised by the air safety authority or air navigation service provider. The operator must ensure compliance with the P-RNAV procedures outlined in their operations manual and flight manual, which in turn must align with the standards and procedures set forth in the Joint Aviation Authorities' Temporary Guidance Leaflet No. 10. The airborne systems installed in the aircraft must meet specific performance and functional criteria, and have been approved by the Civil Aviation Safety Authority (CASA) for P-RNAV use. Additionally, the flight crew must undergo training programs that meet the standards outlined in the guidance leaflet, and must receive appropriate briefings and guidance material. The instrument is a disallowable instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. Notably, consultation under the Legislative Instruments Act has not been undertaken for this instrument, as it is deemed similar to other instruments issued to operators with comparable requirements for P-RNAV operations. The instrument is effective from the day after registration and ceases to have effect at the end of 31 March 2013.

Key Provisions

The primary operative sections of this instrument (subregulations 179A(1) to (3A) of the Civil Aviation Regulations 1988) establish the framework for issuing instructions regarding Instrument Flight Rules (I.F.R.) flights, including the methods of navigation and obtaining positive position fixes. According to these sections, the Civil Aviation Safety Authority (CASA) can issue instructions that specify these flight procedures, and the pilot in command must not operate an aircraft under I.F.R. if it is not equipped to follow these instructions. Moreover, if such instructions are not issued as Civil Aviation Orders (CAO), they must be either served on the applicable person or published in a Notice to Airmen (NOTAMS) or in an Aeronautical Information Publication (AIP). This particular instrument applies to the Gulfstream GIV aircraft VH-CGF, operated by Crown Melbourne Limited, and mandates compliance with specific safety standards and procedures for precision area navigation (P-RNAV) as outlined in Schedule 3. The obligations imposed by the Act and the accompanying regulations on the operator, Crown Melbourne Limited, include adherence to the safety standards and procedures for P-RNAV operations. This entails ensuring that the operations manual and flight manual for the aircraft comply with the standards detailed in sections 9 and 10 of the Joint Aviation Authorities' Temporary Guidance Leaflet No. 10. Additionally, the airborne systems installed in the aircraft must meet the performance and functional criteria outlined in sections 6 and 7 of the temporary guidance leaflet and must be approved by CASA for use with P-RNAV procedures. Furthermore, the training program for flight crew must align with the standards mentioned in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance material as specified in section 10 of the leaflet. The operator is also required to notify CASA in writing within 14 days of ceasing to operate the specified aircraft. Failure to comply with the instructions and requirements set forth in this instrument can result in significant legal consequences. As the instrument is declared to be a disallowable instrument under subregulation 179A(3A) of the Civil Aviation Regulations 1988 and subparagraph 6(d)(i) of the Legislative Instruments Act 2003, it is subject to tabling and disallowance in Parliament. This means that any breach of the regulations could potentially lead to penalties as prescribed by the Civil Aviation Act 1988 or other relevant legislation. Although specific penalties are not detailed in the explanatory statement, violations of such regulations generally carry significant civil or criminal penalties, which may include fines or imprisonment, depending on the severity of the breach.