Explanatory Statement
Civil Aviation Regulations 1988
Instructions — RNP APCH LNAV and RNP APCH LNAV/VNAV on Qantas A330 aircraft
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to 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 the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
Instrument CASA 73/11 approved A330 aircraft equipped with computerised flight management systems (FMS) operated by Qantas Airways Limited (the operator) to conduct new required navigation performance approach (RNP APCH) procedures on the basis of their RNP capability.
The instrument has to be replaced because of a revision of the maximum permitted lateral cross track error from 0.20 nautical mile to 0.30 nautical mile.
Conditions and procedures
The instrument sets out the conditions to be satisfied by the operator and the specified aircraft, and the procedures to be followed, during an RNP APCH LNAV or RNP APCH LNAV/VNAV.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares instructions 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 an update of a similar instrument issued to the operator. If in accordance with the ICAO standard, a similar instrument would be issued to any operator whose relevant aircraft can meet the required standard of navigation performance and are expressly endorsed as such by their manufacturer.
Compatibility with human rights and freedoms
This 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 as it does not raise any human rights issues. It does not engage any of the applicable rights or freedoms.
Making and commencement
The instrument commences on the day after registration and stops having effect at the end of April 2014.
The instrument has been made by a delegate of CASA under regulation 11.260 of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 129/12]
Overview
The Civil Aviation Regulations 1988 were enacted to regulate various aspects of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The problem this legislation was introduced to address was the need for specific guidelines and instructions to ensure safe and precise navigation for aircraft equipped with advanced flight management systems, such as the required navigation performance approach (RNP APCH) procedures. The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legal framework for these regulations and empowers the Civil Aviation Safety Authority (CASA) to issue detailed instructions regarding Instrument Flight Rules (I.F.R.) flights. The explanatory statement outlines an instrument issued by CASA under the authority granted by the Civil Aviation Regulations 1988, specifically allowing Qantas Airways Limited to use its A330 aircraft for RNP APCH LNAV and RNP APCH LNAV/VNAV procedures, subject to updated navigation performance standards. The instrument was introduced to reflect changes in the maximum permitted lateral cross-track error and is a legislative instrument subject to parliamentary scrutiny and potential disallowance.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) govern the safety of air navigation in Australia, with the Civil Aviation Act 1988 providing the legislative framework for these regulations. Specifically, the Act allows the Governor-General to make regulations concerning air navigation safety, and under subregulation 179A(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) can issue instructions regarding Instrument Flight Rules (IFR) flights, detailing navigation methods and position fixes. This regulatory framework applies to Qantas Airways Limited, which operates A330 aircraft equipped with specific computerised flight management systems (FMS) that meet the required navigation performance (RNP) standards. The instructions approved by CASA 73/11 pertain to these aircraft, allowing them to conduct Required Navigation Performance Approach (RNP APCH) procedures based on their RNP capability. These instructions, however, are subject to legislative oversight, being considered disallowable instruments under subregulation 179A(3A) of CAR 1988 and the Legislative Instruments Act 2003. Despite this, consultation under the Legislative Instruments Act 2003 was deemed unnecessary as the instrument is an update of a previous one, aligning with International Civil Aviation Organization (ICAO) standards. The instrument's compatibility with human rights and freedoms is affirmed, as it does not engage any of the applicable rights or freedoms as declared in international instruments. The instrument will be in effect from its registration until the end of April 2014, having been issued by a delegate of CASA under regulation 11.260 of the Civil Aviation Safety Regulations 1998.
Key Provisions
The main operative sections of the instrument pertain to the specifications and conditions for conducting RNP APCH LNAV and RNP APCH LNAV/VNAV procedures on Qantas A330 aircraft. Section 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988) authorises the Civil Aviation Safety Authority (CASA) to issue instructions regarding the navigation methods and position fixes for Instrument Flight Rules (IFR) flights. Subregulation 179A(3A) of CAR 1988 further clarifies that such instructions are considered disallowable instruments under the Legislative Instruments Act 2003 (LIA). This particular instrument, CASA 73/11, updates the navigation performance requirements for the A330 aircraft operated by Qantas Airways Limited, changing the maximum permitted lateral cross track error from 0.20 to 0.30 nautical miles.
The obligations and requirements imposed by this instrument are specific to the operator and the specified aircraft. Qantas Airways Limited must ensure that its A330 aircraft, equipped with computerised flight management systems (FMS), meet the conditions and procedures outlined in the instrument during RNP APCH LNAV or RNP APCH LNAV/VNAV operations. This includes adherence to the updated lateral cross track error parameters and other procedural stipulations designed to maintain the safety of air navigation.
Breaches of the conditions and procedures set out in CASA 73/11 can lead to various civil and criminal consequences. Under the Civil Aviation Act 1988, any non-compliance may result in enforcement actions by CASA, potentially culminating in administrative penalties. The maximum penalties for violations of the Civil Aviation Regulations 1988 can include fines and other sanctions as prescribed under the Act. The legislative nature of the instrument, as a disallowable instrument, also means it is subject to parliamentary scrutiny and potential disallowance if deemed necessary. Non-compliance with the instrument's conditions could thus not only result in immediate operational penalties but also attract broader regulatory scrutiny.