CASA 135/11 – Instructions – for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988, as amended, were enacted to ensure the safety and efficiency of air navigation within Australia. This legislation was introduced to address the need for comprehensive regulations governing civil aviation and to provide a framework for the Civil Aviation Authority of Australia (CASA) to oversee and enforce compliance with aviation safety standards. The Civil Aviation Act 1988 empowers CASA to issue instructions and regulations to maintain and enhance the safety of air navigation, as stated in Section 98. The policy objective of these regulations is to ensure that all civil aviation operations meet stringent safety standards, thereby protecting the public and maintaining the integrity of the national airspace system. The specific instructions regarding the approved use of Precision Area Navigation (P-RNAV) procedures, as outlined in the instrument, serve to ensure that operators like Air National Australia comply with established safety standards and procedures, facilitating safe and efficient navigation for aircraft within designated airspaces.

Scope and Application

The Civil Aviation Regulations 1988 Instructions, concerning the approved use of P-RNAV procedures, apply specifically to the Bombardier 700 aircraft with the registration VH-LEP operated by Air National Australia Pty Ltd. This instrument outlines the mandatory safety standards and procedures the operator must adhere to when employing precision area navigation (P-RNAV) procedures. Compliance with these instructions is crucial as it ensures the aircraft meets the necessary safety requirements as mandated by the Civil Aviation Regulations 1988, specifically under subregulation 179A. P-RNAV procedures are permitted only where authorised by the air safety authority or air navigation service provider. The operator must align with the requirements specified in their operations manual and flight manual, which in turn must meet the standards set out in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. Additionally, the airborne systems installed in the aircraft must comply with the performance and functional criteria mentioned in sections 6 and 7 of the temporary guidance leaflet and must have been approved by the Civil Aviation Safety Authority (CASA) for use with P-RNAV procedures. The training program for flight crew must also meet the standards outlined in paragraph 10.5 of the temporary guidance leaflet, with flight crew members receiving appropriate briefings and guidance material as specified in section 10 of the leaflet. Furthermore, the operator is obligated to notify CASA within 14 days of ceasing to operate the aircraft in question. The instrument, not being a Civil Aviation Order, is considered a disallowable instrument under subregulation 179A(3A) of the Civil Aviation Regulations 1988 and is subject to tabling and disallowance in the Parliament as per the Legislative Instruments Act 2003. This instrument, which renews a previous one (CASA 126/10) expiring at the end of April 2011, is effective from 1 May 2011 until the end of April 2013.

Key Provisions

The primary operative sections of the Civil Aviation Regulations 1988 (CAR 1988) that are relevant here are sections 98 and 179A. Section 98 empowers the Governor-General to make regulations for the Act and the safety of air navigation, while section 179A(1) enables CASA to issue instructions regarding Instrument Flight Rules (IFR) flights, including the methods of navigation and obtaining positive position fixes. The pilot in command must adhere to these instructions and ensure the aircraft is equipped accordingly (section 179A(2)). These instructions, unless issued as a Civil Aviation Order (CAO), are considered disallowable instruments and must be served to the relevant person or published in a Notice to Airmen (NOTAM) or Aeronautical Information Publication (AIP) (sections 179A(3) and 179A(3A)). The Act imposes several obligations on the operator, Air National Australia Pty Ltd, for the Bombardier 700 aircraft VH-LEP. Firstly, the operator must comply with the specific safety standards and procedures set out in Schedule 3, which include adherence to the requirements in their operations and flight manuals (subregulations 179A(1) and (2)). The manuals must align with the standards in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. Additionally, the airborne systems must meet the performance and functional criteria specified in sections 6 and 7 of the temporary guidance leaflet and be approved by CASA. The training program for flight crew must adhere to the standards in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance as outlined in section 10 of the leaflet. The operator must also notify CASA within 14 days of ceasing to operate the aircraft. Failure to comply with the instructions and safety standards may result in civil and criminal consequences. Under the Legislative Instruments Act 2003 (LIA), the instructions are considered a legislative instrument and are subject to disallowance in the Parliament (subparagraph 6(d)(i) of the LIA). The operator must ensure strict adherence to these provisions to avoid penalties. Furthermore, any failure to equip the aircraft for navigation or to obtain positive position fixes as instructed under section 179A(2) of CAR 1988 could lead to significant safety violations and potential legal ramifications. In summary, the Civil Aviation Regulations 1988, through sections 98 and 179A, establish the framework for issuing and adhering to specific navigation instructions for IFR flights. The operator of the Bombardier 700 aircraft VH-LEP must ensure compliance with these instructions and safety standards to maintain air navigation safety. Non-compliance may result in disallowance of the legislative instrument and other legal consequences.