CASA 133/11 – Instructions – for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988, amended by F2011L00650, aim to ensure that specific aircraft operated by AVWest Pty Ltd can safely use precision area navigation (P-RNAV) procedures, as assessed by the Civil Aviation Safety Authority (CASA). Enacted by the Parliament of Australia, this legislation fills the gap in ensuring the safe use of advanced navigation technologies in specific aircraft, aligning with the overarching goal of maintaining the highest safety standards in air navigation. The policy objective is clearly to provide a regulatory framework that allows for the safe integration of P-RNAV procedures in designated operations while ensuring compliance with international standards and guidelines. The instrument, issued by a delegate of CASA under subregulation 7(1) of the Civil Aviation Regulations 1988, provides detailed instructions for the approved use of P-RNAV procedures for a Bombardier CL600-2B16 aircraft, requiring the operator to adhere to stringent operational and training standards. These instructions, which are subject to disallowance by the Parliament, must be either served directly to the operator or published in official aeronautical publications, ensuring widespread awareness and compliance. The instrument’s duration is set until the end of March 2013, reflecting a temporary measure to accommodate the specific operational needs of the identified aircraft.

Scope and Application

The Civil Aviation Regulations 1988, as modified by the specific instructions issued under subregulation 179A, apply to the Bombardier CL600-2B16 aircraft operated by AVWest Pty Ltd. These instructions mandate that the aircraft must be equipped for navigation and obtaining positive position fixes in accordance with the given specifications if flown under instrument flight rules. The instructions are specifically tailored to ensure the safe use of precision area navigation (P-RNAV) procedures, which can only be employed in areas where such procedures are authorised by the relevant air safety authority or air navigation service provider. The operator, AVWest Pty Ltd, is required to adhere to the P-RNAV procedures detailed in its operations and flight manuals, which must align with the standards outlined in the Joint Aviation Authorities' Temporary Guidance Leaflet No. 10. Additionally, any airborne systems used must meet CASA-approved performance and functional criteria for P-RNAV operations. Flight crew must undergo training programs that comply with the guidance leaflet’s standards and receive appropriate briefings and guidance material. The instrument is subject to the Legislative Instruments Act 2003, making it a disallowable instrument, and thus it must be tabled and can be disallowed by Parliament. Notably, consultation under the Legislative Instruments Act has not been undertaken in this instance as the instrument pertains to a newly assessed aircraft meeting safety conditions for P-RNAV use. The instrument is effective from its date of registration and will cease to have effect by the end of March 2013.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) in this instrument (referenced as subregulations 179A(1), 179A(2), 179A(3), and 179A(3A)) mandate that the Civil Aviation Safety Authority (CASA) can issue instructions for instrument flight rules (I.F.R.) flights, including navigation methods and obtaining positive position fixes. It stipulates that an aircraft must not be flown under I.F.R. without the appropriate equipment and procedures as outlined in these instructions. Additionally, these instructions, if not in the form of a Civil Aviation Order (CAO), must be served on the relevant person or published in a Notice to Airmen (NOTAM) or the Aeronautical Information Publication (AIP). The instrument specifically applies to the Bombardier CL600-2B16 aircraft operated by AVWest Pty Ltd and outlines the use of precision area navigation (P-RNAV) procedures, which must be employed only where authorized by the relevant authorities. The obligations imposed on the parties governed by this Act include ensuring that the aircraft, specifically the Bombardier CL600-2B16, is equipped with the necessary systems that meet CASA's performance and functional criteria for P-RNAV procedures. The operator, AVWest Pty Ltd, must adhere to the requirements set forth in their operations and flight manuals, which should comply with the standards outlined in the Joint Aviation Authorities' Temporary Guidance Leaflet No. 10. Furthermore, the flight crew must undergo training programs that meet the standards in the guidance leaflet and receive appropriate briefings and guidance materials. CASA must be notified in writing by the operator within 14 days of ceasing to operate the specified aircraft. In terms of offences and penalties, subregulation 179A(2) of CAR 1988 states that operating an aircraft under I.F.R. without the necessary equipment and procedures as per the instructions is a violation. The consequences of breaching these provisions can include enforcement actions by CASA, which may involve fines or other penalties. The instrument is considered a disallowable instrument under the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in Parliament. While consultation under section 17 of the Legislative Instruments Act was not undertaken in this case, the instrument was issued by a delegate of CASA under subregulation 7(1) of CAR 1988, ensuring that it aligns with safety standards and regulatory requirements.