CASA 186/13 - Instructions — GNSS primary means navigation (A330 and B737NG aircraft)

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations concerning the safety of air navigation in Australia. The Act was introduced to address the need for robust and updated regulations to ensure the safety of air travel, and it empowers the Governor-General to make regulations relating to air navigation safety. The Civil Aviation Safety Authority (CASA) can issue instructions under subregulation 179A(1) of the Civil Aviation Regulations 1988 to specify navigation methods and position fixes under Instrument Flight Rules (IFR). An instrument, CASA 194/12, was initially issued to Virgin Australia Airlines Pty Ltd to allow Airbus A330 and Boeing 737NG aircraft to fly non-precision approaches using their RNP capabilities. This instrument was subsequently revoked and replaced to update the terminology and criteria to align with changes in the aircraft flight manuals. The new instrument outlines the conditions for conducting non-precision approaches, including GNSS availability predictions, required navigation equipment, approved navigation databases, and pre-flight and in-flight procedures. The instrument also mandates specific flight crew training requirements. This legislative instrument is subject to tabling and disallowance in the Parliament, as per the Legislative Instruments Act 2003, and it has been deemed compatible with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The Civil Aviation Regulations 1988, specifically the instrument CASA 186/13, pertains to the instructions governing the use of Global Navigation Satellite System (GNSS) as a primary means of navigation for Airbus A330 and Boeing 737NG aircraft operated by Virgin Australia Airlines Pty Ltd under Instrument Flight Rules (I.F.R.). This instrument is a legislative instrument subject to disallowance and tabling in the Parliament under the Legislative Instruments Act 2003. It replaces the previous instrument CASA 194/12 to streamline and clarify the procedures and requirements for conducting non-precision approaches using the aircraft's RNP capabilities. The instrument outlines the necessary pre-flight checks, flight procedures, and training requirements for flight crew, alongside the mandatory use of an approved navigation database and obtaining a prediction of GNSS availability. Additionally, it specifies the minimum navigation equipment required for conducting such operations. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms. The instrument came into effect following registration and will expire at the end of July 2016, unless otherwise repealed.

Key Provisions

The Civil Aviation Regulations 1988, as amended by CASA 186/13, provide specific instructions for the use of Global Navigation Satellite System (GNSS) as a primary means of navigation for Airbus A330 and Boeing 737NG aircraft under Instrument Flight Rules (I.F.R.). This instrument, as per subregulation 179A(1) of the Civil Aviation Regulations 1988, details the method for navigating an aircraft and obtaining a positive position fix. The instructions clarify and update the conditions under which non-precision approaches can be conducted using the aircraft's navigation systems, including requirements for GNSS availability predictions, minimum navigation equipment, and the use of an approved navigation database. Furthermore, it outlines pre-flight and in-flight procedures, as well as training requirements for the flight crew. The Civil Aviation Regulations 1988 impose several obligations on the parties involved. Virgin Australia Airlines Pty Ltd must ensure that all procedures are conducted in compliance with the updated instructions. This includes obtaining a prediction of GNSS availability for proposed operations, equipping aircraft with the minimum required navigation equipment, and utilising an approved navigation database. Additionally, the operator must adhere to pre-flight checking procedures, in-flight procedures, and ensure that flight crew are adequately trained in the use of the specified navigation systems. These obligations are intended to maintain the safety and efficacy of operations conducted under I.F.R. There are no specific offences outlined in the Civil Aviation Regulations 1988 with respect to the instructions provided in CASA 186/13. However, failure to comply with the Civil Aviation Regulations 1988 and the instructions can lead to various civil and criminal consequences. The Civil Aviation Act 1988 provides for penalties for breaches of the regulations, which can include fines and imprisonment. For civil aviation operations, non-compliance can also result in the suspension or revocation of an operator's certificate, leading to the grounding of aircraft. The exact penalties are not specified in the instrument but are determined under the relevant sections of the Civil Aviation Act 1988. The instrument CASA 186/13 is a legislative instrument as defined under the Legislative Instruments Act 2003, making it subject to tabling and disallowance in Parliament. This ensures that the instrument is subject to parliamentary scrutiny, which helps maintain the balance between administrative flexibility and legislative oversight. Given the nature of the instrument, which primarily updates and clarifies existing procedures, no significant issues arose during consultation with the operator. The instrument is designed to streamline and align the equipment requirements for each of the specified aircraft types, reflecting updates in aircraft flight manuals.