Explanatory Statement
Civil Aviation Regulations 1988
Instructions — GNSS primary means navigation (B737NG and B777-300ER aircraft)
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to 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.), specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
Under subsection 33 (3) of the Acts Interpretation Act 1901 (the AIA), where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by‑laws) the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Instructions
Current accepted procedures for the use of the Global Navigation Satellite System (GNSS) allow the use of satellite navigation for primary means navigation under I.F.R. In addition, modern aircraft with the required level of navigation performance (RNP) have the capability to fly non-precision approaches using the RNP capabilities of the aircraft without using ground-based navigation aids.
Instruments CASA 45/12 and CASA 390/12 were issued to Virgin Australia International Airlines Pty Ltd (the operator) to allow its aircraft to fly approaches using their RNP capabilities.
This instrument revokes and replaces CASA 45/12 and CASA 390/12. The instrument applies to Boeing 737NG and Boeing 777-300ER aircraft, being aircraft that have the required technology. The instrument combines the instructions in CASA 45/12 and CASA 390/12 into a single instrument and clarifies the provisions of those instruments. It defines and uses new terms and recasts the conditions subject to which non-precision approaches may be conducted using the aircraft’s navigation systems.
These conditions include obtaining a prediction of GNSS availability for a proposed operation, the minimum navigation equipment required for the conduct of an operation in accordance with the instructions and use of an approved navigation database. The instructions also contain requirements for pre-flight checking procedures and procedures during flight, as well as flight crew training.
Legislative Instruments Act
Under subregulation 179A (3A) of CAR 1988, an I.F.R. flight instruction that is not in the form of a Civil Aviation Order is a disallowable instrument for section 46A of the AIA.
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 under legislation in force before the commencement of the LIA. The instrument of instructions is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Consultation
For section 17 of the LIA, consultation was undertaken with the operator on the issue of a revised instrument of instructions for primary means of navigation. The operator requested the combination and revision of the instructions in the previous instruments (CASA 45/12 and CASA 390/12) to streamline the information included and align the equipment requirements for each of the aircraft types mentioned. Previous agreements and undertakings entered into between CASA and the operator regarding primary means of navigation continue to apply.
Following this requested change from the operator, CASA has maintained ongoing consultation with the operator’s Manager, Flight Operations Technical. As this request from the operator was for a combination and revision of existing instruments, no significant issues have surfaced during the consultation process.
The instrument only applies to the conduct of certain procedures by the operator. For this reason, CASA believes that no further consultation is necessary or appropriate.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The instrument commences on the day after registration and expires at the end of July 2016, as if it had been repealed by another instrument.
[Instrument number CASA 187/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Instructions — GNSS primary means navigation (B737NG and B777‑300ER aircraft)
This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The purpose of this legislative instrument is to update the instructions for the conduct of specified non-precision approach procedures by Virgin Australia International Airlines Pty Ltd in Boeing 737NG or Boeing 777-300ER aircraft that have an area navigation system that is capable of meeting specified navigation performance requirements.
The instrument revokes and replaces instruments CASA 45/12 and CASA 390/12 to combine the instructions in those instruments into a single instrument and to update the terminology and instrument fitment criteria to reflect changes to the aircraft flight manuals for the aircraft.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority