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) of CAR 1988, 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 Bombardier 700 aircraft VH-LEP (the aircraft) operated by Air National Australia Pty Ltd (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 Authority (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 it is registered and stops having effect at the end of 30 April 2011.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 126/10]
Overview
The Civil Aviation Regulations 1988, as amended, address various aspects of civil aviation safety and operations in Australia. Specifically, the Instructions for Approved Use of P-RNAV Procedures instrument, issued under the authority of the Civil Aviation Regulations 1988, aims to provide detailed guidance for the use of precision area navigation (P-RNAV) procedures by operators of specific aircraft. Enacted by the Civil Aviation Safety Authority (CASA), these instructions serve to ensure that aircraft, such as the Bombardier 700 aircraft VH-LEP operated by Air National Australia, meet the necessary safety standards and procedures when using P-RNAV. The policy objective is to enhance the safety and efficiency of air navigation by specifying the requirements for aircraft equipment, flight crew training, and operational protocols when using P-RNAV. These instructions, which are subject to disallowance in the Parliament under the Legislative Instruments Act 2003, apply to operations within areas where P-RNAV procedures are authorised and must be followed to comply with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Regulations 1988 Instructions for approved use of P-RNAV procedures apply specifically to Air National Australia Pty Ltd, the operator of the Bombardier 700 aircraft VH-LEP, and govern the use of precision area navigation (P-RNAV) procedures for this aircraft. The regulations mandate compliance with safety standards and procedures outlined in the operator's operations and flight manuals, which must adhere to the standards and procedures specified in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Airborne systems in the aircraft must meet performance and functional criteria approved by the Civil Aviation Safety Authority (CASA) and outlined in sections 6 and 7 of the temporary guidance leaflet. Additionally, the training program for flight crew must align with the training program standards in paragraph 10.5 of the leaflet, and crew members must receive appropriate briefings and guidance material as per section 10 of the leaflet. The instrument also requires CASA to be notified in writing within 14 days of the operator ceasing to operate the aircraft. These instructions are considered a legislative instrument under the Legislative Instruments Act 2003 and are subject to tabling and disallowance in Parliament. The instrument, which was made by a delegate of CASA under subregulation 7(1) of CAR 1988, comes into effect on the day of registration and ceases to have effect on 30 April 2011.
Key Provisions
The main operative sections of this instrument (subregulation 179A(1) and (2) of the Civil Aviation Regulations 1988 (CAR 1988)) provide that the Civil Aviation Safety Authority (CASA) may issue instructions regarding Instrument Flight Rules (I.F.R.) flights, specifying methods of navigation and positive position fixes. These instructions are binding, and aircraft must be equipped and flown in accordance with them (subregulation 179A(2) of CAR 1988). The instrument applies specifically to the Bombardier 700 aircraft VH-LEP, operated by Air National Australia Pty Ltd, and mandates compliance with a series of safety standards and procedures for the use of precision area navigation (P-RNAV) procedures (Schedule 3).
The obligations imposed on the parties governed by this Act include compliance with the requirements for P-RNAV procedures mentioned in the operations manual and flight manual, which must conform to the standards and procedures in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Airborne systems must meet the performance and functional criteria outlined in sections 6 and 7 of the temporary guidance leaflet, and must have CASA approval for use with P-RNAV procedures. Flight crew must complete a training program that meets the standards in paragraph 10.5 of the temporary guidance leaflet, and receive appropriate briefings and guidance material as per section 10 of the temporary guidance leaflet. Additionally, the operator must notify CASA within 14 days of ceasing to operate the specified aircraft.
Failure to comply with these instructions can lead to various civil and criminal consequences. Subregulation 179A(3A) of CAR 1988 declares that instructions not issued as Civil Aviation Orders are disallowable instruments, subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). While consultation under section 17 of the LIA has not been undertaken in this instance, the instrument aligns with other similar instructions issued to operators. The instrument is effective from its registration date and ceases to have effect on 30 April 2011, having been made by a delegate of CASA under subregulation 7(1) of CAR 1988.