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 a number of specially equipped Boeing 767-300 aircraft (the aircraft) operated by Qantas Airways 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 2.
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 an 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 has been requested by, and issued for, a particular operator whom CASA has assessed may safely use P-RNAV procedures in accordance with the instrument. A similar instrument would be issued to any appropriate operator who could meet its safety conditions.
Duration
The instrument commences on the day after it is registered. It stops having effect at the end of 31 May 2009.
The exemption has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 143/07]
Overview
The Civil Aviation Regulations 1988 Instructions for Approved Use of P-RNAV Procedures, enacted in 2007, were introduced to address the need for specific guidelines regarding the use of precision area navigation (P-RNAV) procedures by specially equipped aircraft operated by Qantas Airways Limited. This instrument was issued under the authority granted by the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. The policy objective behind these instructions is to ensure that P-RNAV procedures are implemented safely and in compliance with established standards and criteria. The instrument outlines detailed safety standards and procedures that the operator must adhere to, ensuring that the aircraft and flight crew meet the necessary requirements for P-RNAV operations. This regulation is subject to tabling and disallowance in the Parliament as per the Legislative Instruments Act 2003.
Scope and Application
The instrument pertains specifically to specially equipped Boeing 767-300 aircraft operated by Qantas Airways Limited, applying to their use of precision area navigation (P-RNAV) procedures. This legislation ensures that these aircraft are navigated in compliance with stringent safety standards and procedures outlined in Schedule 2. P-RNAV procedures can only be utilised in locations where they are authorised by either the air safety authority or an air navigation service provider. The operator, Qantas Airways Limited, must adhere to the detailed requirements for P-RNAV procedures as stipulated in its operations and flight manuals, which must align with the standards set in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Additionally, the airborne systems installed in the aircraft must meet the performance and functional criteria specified in sections 6 and 7 of the temporary guidance leaflet and be approved by CASA for use with P-RNAV procedures. The training program for flight crew operating these procedures must comply with the training program standards mentioned in paragraph 10.5 of the temporary guidance leaflet, ensuring that crew members receive appropriate briefings and guidance material as set out in section 10 of the leaflet. Qantas Airways Limited is also required to notify CASA in writing no later than 14 days after ceasing to operate any aircraft listed in Schedule 1. The instrument is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. Although consultation under the Legislative Instruments Act has not been undertaken, this instrument has been issued to Qantas Airways Limited following an assessment by CASA that the operator can safely use P-RNAV procedures in accordance with the specified conditions. The instrument is effective from the day after its registration and will cease to have effect by 31 May 2009.
Key Provisions
The main operative sections of the instrument (section 98 of the Civil Aviation Act 1988 and subregulation 179A of the Civil Aviation Regulations 1988) empower the Governor-General to make regulations for the Act and the safety of air navigation, and allow the Civil Aviation Safety Authority (CASA) to issue instructions relating to instrument flight rules (I.F.R.) flights. Specifically, under subregulation 179A(1) of the Civil Aviation Regulations 1988, CASA can specify the methods for aircraft navigation and obtaining positive position fixes. Subregulation 179A(2) mandates that aircraft must not be flown under I.F.R. if they are not equipped as per the issued instructions. The instrument applies to Boeing 767-300 aircraft operated by Qantas Airways Limited and specifies that precision area navigation (P-RNAV) procedures can only be used where authorised by the air safety authority or air navigation service provider.
The obligations imposed on the parties under this Act require the operator to adhere to a series of safety standards and procedures set out in Schedule 2. The operator must ensure that its operations manual and flight manual comply with the requirements for P-RNAV procedures, as well as the standards and procedures in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. The airborne systems installed in the aircraft must meet the performance and functional criteria in sections 6 and 7 of the temporary guidance leaflet and must be approved by CASA for use with P-RNAV procedures. Additionally, the training program for flight crew must comply with the standards mentioned in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance material as outlined in section 10 of the leaflet. The operator must also notify CASA in writing within 14 days of ceasing to operate an aircraft mentioned in Schedule 1.
Any breach of the requirements set forth in this instrument could result in various consequences. Under subregulation 179A(3) of the Civil Aviation Regulations 1988, instructions that are not issued in the form of a Civil Aviation Order (CAO) are considered disallowable instruments and must be served on the relevant person or published in a notice to airmen (NOTAMS) or an aeronautical information publication (AIP). The instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. While consultation under section 17 of the LIA has not been undertaken in this case, it is a requirement for most instruments. The instrument is effective from the day after registration and expires at the end of 31 May 2009.