Explanatory Statement
Civil Aviation Regulations 1988
Instructions — for approved use of P-RNAV procedures
Legislation
Section 98 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 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, among other things, the method by which an aircraft is to be navigated and how a positive position fix is to be obtained. Under subregulation 179A (2), the pilot in command of an aircraft must not fly it under the I.F.R. if it is not equipped for navigation and to obtain positive position fixes in accordance with instructions issued under subregulation 179A (1). Under subregulations 179A (3) and (3A), if an instruction is not issued in the form of a Civil Aviation Order (CAO), it is a disallowable instrument and must be either served on the person to whom it applies or published in a Notice to Airmen (NOTAMS) or in an Aeronautical Information Publication (AIP).
Instructions
The instrument applies to the Gulfstream V aircraft VH-CCC (the aircraft) operated by Crown Melbourne Limited (the operator). It contains instructions which the operator must follow if using precision area navigation (P-RNAV) procedures. P-RNAV may only be used in a place where P-RNAV procedures are authorised by the air safety authority or air navigation service provider for the place. Under the instrument, the operator is instructed to comply with a series of safety standards and procedures set out in Schedule 3.
Standards and procedures
The operator must comply with the requirements for P-RNAV procedures mentioned in its operations manual and flight manual. These manuals must comply with the standards and procedures mentioned in sections 9 and 10 of Temporary Guidance Leaflet No. 10 (Airworthiness and Operational Approval for Precision RNAV Operations in Designated European Airspace) issued by the Joint Aviation Authorities (the temporary guidance leaflet).
Airborne systems installed in the aircraft must meet the performance certification criteria and functional criteria mentioned in sections 6 and 7 of the temporary guidance leaflet and must have been approved by CASA for use with P-RNAV procedures.
The training program for flight crew using P-RNAV procedures must comply with the standards for training programs mentioned in paragraph 10.5 of the temporary guidance leaflet. Flight crew members must have received appropriate briefings and guidance material as set out in section 10 of the temporary guidance leaflet. The operator must tell CASA in writing not later than 14 days after ceasing to be the operator of the aircraft mentioned in Schedule 1.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares instructions that are not in a CAO 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 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
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is similar to many other instruments issued to operators all of whom meet the same requirements for operations using P-RNAV procedures.
Duration
The instrument commences on the day after registration and stops having effect at the end of 31 March 2013.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 121/11]
Overview
The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This legislation was introduced to address the need for a unified regulatory framework governing the aviation industry, including flight operations, aircraft maintenance, and airworthiness standards. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act and the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA). The policy objective of these regulations is to enhance aviation safety and operational efficiency by setting clear standards and procedures for all aspects of civil aviation. In this context, specific instructions have been issued to an operator for the approved use of Precision Area Navigation (P-RNAV) procedures, ensuring compliance with stringent safety standards and aligning with international best practices.
Scope and Application
The instrument under discussion applies specifically to the Gulfstream V aircraft registered as VH-CCC, operated by Crown Melbourne Limited. It mandates compliance with precision area navigation (P-RNAV) procedures, which are permitted only in areas where such procedures have been authorised by the relevant air safety authority or air navigation service provider. This instrument, detailing specific instructions, is integral to ensuring the safe operation of the aircraft under Instrument Flight Rules (IFR). The instructions are designed to align with the safety standards and procedures outlined in Schedule 3, which include adherence to operational and flight manuals, ensuring that airborne systems meet specified performance and functional criteria as per the Joint Aviation Authorities' Temporary Guidance Leaflet No. 10. Additionally, the training programs for flight crew must comply with the standards mentioned in the leaflet, and crew members must be provided with appropriate briefings and guidance material. The instrument also outlines the obligations of the operator in notifying CASA upon cessation of the aircraft's operation. Furthermore, as a disallowable instrument under subregulation 179A(3A) of the Civil Aviation Regulations 1988, it is subject to tabling and disallowance in Parliament as per the Legislative Instruments Act 2003. Although consultation under section 17 of the Legislative Instruments Act was not undertaken, the instrument mirrors similar requirements imposed on other operators. The instrument is effective from the day after registration and will cease to have effect by the end of March 31, 2013.
Key Provisions
The main operative sections of the instrument, which pertain to the approved use of P-RNAV procedures for the Gulfstream V aircraft VH-CCC, are found under subregulations 179A(1) to 179A(3A) of the Civil Aviation Regulations 1988 (CAR 1988). These sections allow the Civil Aviation Safety Authority (CASA) to issue specific instructions for Instrument Flight Rules (I.F.R.) flights, including navigation methods and positive position fixes. The instrument itself mandates that the aircraft must not be flown under I.F.R. without appropriate equipment to adhere to these instructions. Furthermore, any instructions not issued as a Civil Aviation Order (CAO) are considered disallowable instruments and must be served individually or published widely.
The obligations imposed by the Act on the parties governed by this instrument are multifaceted. Firstly, the operator, Crown Melbourne Limited, must ensure that the Gulfstream V aircraft VH-CCC is equipped with systems that meet the performance and functional criteria outlined in the temporary guidance leaflet issued by the Joint Aviation Authorities. This includes adhering to the standards and procedures detailed in sections 9 and 10 of the leaflet. The operator's flight and operations manuals must comply with these standards, and the airborne systems must be approved by CASA. Additionally, the flight crew must undergo training in accordance with the standards set out in paragraph 10.5 of the temporary guidance leaflet and receive appropriate briefings and guidance material as specified in section 10. The operator must also notify CASA within 14 days of ceasing operations with the aircraft.
The instrument delineates several potential consequences for breaches. Under subregulation 179A(2) of CAR 1988, flying an aircraft under I.F.R. without the necessary equipment to comply with CASA's instructions is prohibited. Any failure to adhere to the specified safety standards and procedures could lead to regulatory scrutiny or enforcement actions by CASA. Furthermore, as these instructions are considered a disallowable instrument under the Legislative Instruments Act 2003 (LIA), they are subject to disallowance in Parliament, which could result in the instrument being voided if not approved within the specified timeframe. Non-compliance with the legislative requirements could lead to civil or criminal penalties, although the specific penalties are not detailed in the explanatory statement.