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), 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 the Aeronautical Information Publication (AIP).
The instrument applies to a Bombardier BD700 aircraft described in Schedule 1 (the aircraft) and operated by AVWest Pty Ltd (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 Schedule 3 to the instrument, 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 the 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 applies to an aircraft that 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 equivalent safety conditions.
Duration
The instrument commences on the day of registration and stops having effect at the end of April 2013.
The instrument has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 175/11]
Overview
The Civil Aviation Regulations 1988, as amended, include an instrument aimed at ensuring the safe use of precision area navigation (P-RNAV) procedures by AVWest Pty Ltd for its Bombardier BD700 aircraft. Enacted under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to create regulations for aviation safety, this instrument was issued by a delegate of the Civil Aviation Safety Authority (CASA) to comply with subregulation 179A(1) of the Civil Aviation Regulations 1988. This regulation allows CASA to issue instructions regarding instrument flight rules, including navigation methods and positive position fixes. The instrument mandates that the operator follows specific requirements for P-RNAV procedures as outlined in its operations and flight manuals, ensuring these manuals meet the standards detailed in the Joint Aviation Authorities' Temporary Guidance Leaflet No. 10. The aircraft's airborne systems must meet CASA-approved performance and functional criteria, and flight crew must complete a training program and receive appropriate briefings as specified in the guidance leaflet. This legislative measure aims to maintain high safety standards in the use of P-RNAV procedures, ensuring that such advanced navigation methods are implemented correctly and safely within the designated airspace.
Scope and Application
The instrument, F2011L00833, pertains specifically to the use of precision area navigation (P-RNAV) procedures for a Bombardier BD700 aircraft operated by AVWest Pty Ltd. This regulation is an application of Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act and the safety of air navigation. The regulations under consideration are found in subregulation 179A of the Civil Aviation Regulations 1988, which mandate that an aircraft must be equipped for navigation and to obtain positive position fixes in accordance with specific instructions. The instrument requires the operator to adhere to the P-RNAV procedures authorised by the air safety authority or air navigation service provider for the relevant location. Compliance with the standards and procedures outlined in the operations manual and flight manual is necessary, with these manuals needing to align with the standards set forth in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. Additionally, airborne systems must meet the performance and functional criteria stipulated in sections 6 and 7 of the temporary guidance leaflet and must be approved by CASA for use with P-RNAV procedures. The training program for flight crew must also comply with the standards for training programs mentioned in paragraph 10.5 of the temporary guidance leaflet, with flight crew members receiving appropriate briefings and guidance material as per section 10. The operator is required to notify CASA in writing within 14 days of ceasing to operate the specified aircraft. Furthermore, these instructions are considered a disallowable instrument under subregulation 179A(3A) of CAR 1988 and are thus subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. This instrument commences on the day of registration and ceases to have effect at the end of April 2013, having been issued by a delegate of CASA under subregulation 7(1) of CAR 1988.
Key Provisions
The main sections of the instrument detail specific instructions for the approved use of P-RNAV (precision area navigation) procedures for a Bombardier BD700 aircraft operated by AVWest Pty Ltd. According to subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) has the authority to issue instructions concerning instrument flight rules (IFR) flights, which includes specifying navigation methods and the acquisition of positive position fixes. Under subregulation 179A(2), the pilot in command of an aircraft must ensure that the aircraft is equipped for navigation and to obtain positive position fixes in accordance with these instructions. Furthermore, subregulations 179A(3) and (3A) clarify that if an instruction is not issued as a Civil Aviation Order (CAO), it is a disallowable instrument, which must either be served on the relevant party or published in a Notice to Airmen (NOTAM) or the Aeronautical Information Publication (AIP).
The operator, AVWest Pty Ltd, must adhere to several obligations and requirements to comply with the instrument. Firstly, the aircraft must only use P-RNAV procedures in locations where such procedures are authorised by the air safety authority or air navigation service provider. The operations manual and flight manual of the aircraft must include the requirements for P-RNAV procedures, which must align with the standards and procedures outlined 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 certification criteria and functional criteria specified 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 training program standards mentioned in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must have received appropriate briefings and guidance material as specified in section 10 of the temporary guidance leaflet.
Failure to comply with the instructions contained in the instrument may result in various legal and regulatory consequences. Subregulation 179A(3A) of CAR 1988 classifies these instructions as disallowable instruments, which are legislative instruments under the Legislative Instruments Act 2003 (LIA). As such, they are subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. While consultation under section 17 of the LIA has not been undertaken in this case, the instrument applies to an aircraft that CASA has deemed may safely use P-RNAV procedures in accordance with the instrument. The instrument will cease to have effect at the end of April 2013 and is issued by a delegate of CASA under subregulation 7(1) of CAR 1988.