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 Gulfstream GV-SP aircraft VH-LAL operated by Little Aviation Pty 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 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 Authorities (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 is similar to many other instruments issued to operators all of whom meet the same requirements for operations using P-RNAV procedures.
Human Rights Compatibility
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Commencement and making
The instrument commences on the day after registration and stops having effect at the end of 30 April 2015.
The instrument has been made by a delegate of CASA under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
Instrument number CASA 149/12]
Overview
The Civil Aviation Regulations 1988, amended through the instrument F2012L01054, addresses the need for specific instructions to be issued to operators for the approved use of Precision Area Navigation (P-RNAV) procedures in instrument flight rules (IFR) operations. Enacted under Section 98 of the Civil Aviation Act 1988, this regulation was introduced to ensure the safety and proper conduct of air navigation by providing detailed navigational instructions that comply with international standards and domestic regulations. The instrument is issued by the Civil Aviation Safety Authority (CASA), aiming to maintain high safety standards for aircraft operations. This regulation is particularly relevant to Little Aviation Pty Limited's Gulfstream GV-SP aircraft VH-LAL, instructing it to adhere to specific safety standards and procedures for P-RNAV operations, ensuring that airborne systems meet performance criteria and that flight crew are appropriately trained and briefed.
Scope and Application
The instrument pertains to the Gulfstream GV-SP aircraft registered as VH-LAL and operated by Little Aviation Pty Limited, governing the approved use of precision area navigation (P-RNAV) procedures. These procedures can only be used in areas where they are authorised by the air safety authority or air navigation service provider. The operator is required to adhere to a series of safety standards and procedures outlined in Schedule 3, ensuring that the operations manual and flight manual of the aircraft comply with the standards and procedures mentioned 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 meet the performance and functional criteria specified in the temporary guidance leaflet and must be approved by the Civil Aviation Safety Authority (CASA) for use with P-RNAV procedures. The training program for flight crew must also adhere to the standards set out in paragraph 10.5 of the temporary guidance leaflet, and crew members must receive appropriate briefings and guidance material as detailed in section 10 of the leaflet. The operator is mandated to notify CASA in writing within 14 days of ceasing to operate the aircraft mentioned in Schedule 1. These instructions, not issued as a Civil Aviation Order, are considered disallowable instruments under subregulation 179A(3A) of the Civil Aviation Regulations 1988 and are thus subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of this instrument include subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988), which allows the Civil Aviation Safety Authority (CASA) to issue instructions regarding Instrument Flight Rules (IFR) flights, specifying the navigation methods and position fix requirements. According to subregulation 179A(2), the pilot in command must not fly the aircraft under IFR if it is not equipped in accordance with these instructions. Furthermore, subregulations 179A(3) and 179A(3A) mandate that if an instruction is not issued in the form of a Civil Aviation Order (CAO), it must be either served on the applicable person or published in a Notice to Airmen (NOTAM) or an Aeronautical Information Publication (AIP). This particular instrument applies to the Gulfstream GV-SP aircraft operated by Little Aviation Pty Limited and outlines the necessary safety standards and procedures for using precision area navigation (P-RNAV) procedures.
The obligations and requirements imposed by this Act on the parties it governs are stringent and comprehensive. The operator, in this case Little Aviation Pty Limited, must ensure that their aircraft meets all specified requirements for P-RNAV procedures as detailed in their operations manual and flight manual. These manuals must adhere to the standards and procedures outlined 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 Authorities (JAA). The airborne systems installed in the aircraft must meet the performance and functional criteria mentioned in sections 6 and 7 of the temporary guidance leaflet and must have CASA approval. Additionally, the operator's training program for flight crew must comply with the standards for training programs mentioned in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance material as per section 10 of the temporary guidance leaflet.
Any breaches of the provisions set out in this instrument could lead to significant consequences. Under subregulation 179A(3A) of CAR 1988, instructions that are not in the form of a CAO are considered disallowable instruments and, thus, subject to tabling and disallowance in Parliament as per sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Moreover, operating an aircraft under IFR without the required equipment and compliance with the issued instructions could result in severe penalties. The exact nature and severity of these penalties are not specified in the instrument but would typically include fines and potential revocation of operational licenses. The operator must also inform CASA in writing within 14 days of ceasing to operate the specified aircraft as mentioned in Schedule 1.