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) of CAR 1988, 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 number of specially equipped Airbus 320 and A321 aircraft listed in Schedule 1 (the aircraft) and operated by Jetstar Airways 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 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 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 identical to instruments issued for the same purpose to the operator and other aircraft operators. It includes 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.
Compatibility with human rights and freedoms
This 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. The instrument does not engage any of the applicable rights or freedoms.
Commencement and making
The instrument commences on the day of registration and stops having effect at the end of 31 May 2015.
The instrument has been issued by a delegate of CASA under regulation 11.260 of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 190/12]
Overview
The Civil Aviation Regulations 1988, amended by F2012L01508, was introduced to provide specific instructions for the approved use of P-RNAV (Precision Area Navigation) procedures for certain aircraft operated by Jetstar Airways Pty Limited. This regulation was enacted to enhance the safety and efficiency of air navigation within designated airspace by ensuring that specially equipped Airbus 320 and A321 aircraft operated by the mentioned operator adhere to stringent navigation and position-fixing standards. The instrument was issued by the Civil Aviation Safety Authority (CASA) under the authority conferred by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The primary policy objective of this regulation is to ensure that the aircraft and their crew are suitably equipped and trained to safely implement P-RNAV procedures, thereby maintaining high safety standards in air navigation.
Scope and Application
The instrument in question, F2012L01508, pertains specifically to the use of precision area navigation (P-RNAV) procedures for certain Airbus 320 and A321 aircraft operated by Jetstar Airways Pty Limited. These aircraft must adhere to the instructions outlined in the instrument to ensure safe navigation under instrument flight rules (IFR). The regulations are grounded in subregulation 179A(1) of the Civil Aviation Regulations 1988, which mandates that the pilot in command cannot operate an aircraft under IFR without the appropriate equipment for navigation and obtaining a positive position fix in accordance with CASA-issued instructions. The instrument mandates that Jetstar Airways must comply with the standards set forth in their operations and flight manuals, which must align with the criteria detailed in the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. Airborne systems must meet specific performance and functional criteria, and the training programs for flight crew must adhere to the standards outlined in the temporary guidance leaflet. Furthermore, the instrument stipulates that the operator must notify CASA within 14 days if they cease operating the specified aircraft. The instrument, not being in the form of a Civil Aviation Order (CAO), is classified as a disallowable instrument and must be either served directly or published in a Notice to Airmen (NOTAM) or the Aeronautical Information Publication (AIP). This instrument is subject to the Legislative Instruments Act 2003, which governs its disallowance and tabling in Parliament. While no consultation was undertaken for this instrument, it mirrors similar directives issued to other operators. The instrument is compatible with human rights and freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011, and it has a defined commencement date, ceasing to have effect by the end of May 2015.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) set out the main operative sections that govern the use of precision area navigation (P-RNAV) procedures for specified aircraft under instrument flight rules (IFR). Under subregulation 179A(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) can issue instructions about how aircraft are to be navigated under IFR, including the method to obtain positive position fixes. Furthermore, subregulation 179A(2) mandates that an aircraft must not be flown under IFR if it is not equipped to navigate and obtain positive position fixes in accordance with these instructions. Subregulations 179A(3) and 179A(3A) further detail that any such instructions, if not issued as a Civil Aviation Order (CAO), must be either served on the relevant person or published in a Notice to Airmen (NOTAM) or the Aeronautical Information Publication (AIP). The instrument in question applies to Airbus 320 and A321 aircraft operated by Jetstar Airways Pty Limited and specifies the approved use of P-RNAV procedures for these aircraft.
The obligations imposed by the Act require Jetstar Airways to ensure that the aircraft listed in Schedule 1 are equipped in accordance with the instructions issued under subregulation 179A(1) of CAR 1988. Specifically, the operator must comply with the P-RNAV procedure requirements outlined in their operations and flight manuals, which must align with the standards and procedures mentioned in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. The 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. Additionally, the training program for flight crew using P-RNAV procedures must comply with the standards set out 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 leaflet. The operator is also required to notify CASA in writing within 14 days of ceasing to operate an aircraft listed in Schedule 1.
The instrument outlines several consequences for breaches of its provisions. Under subregulation 179A(3A) of CAR 1988, instructions that are not issued as a CAO are considered disallowable instruments and must be either served on the person to whom they apply or published in a NOTAM or AIP. Additionally, under subparagraph 6(d)(i) of the Legislative Instruments Act 2003, these instructions are subject to tabling and disallowance in Parliament under sections 38 and 42 of the Act. Furthermore, operating an aircraft under IFR without the required equipment to navigate and obtain positive position fixes in accordance with the instructions is a breach of subregulation 179A(2) of CAR 1988. Failure to comply with these obligations may result in civil or criminal penalties as prescribed by other sections of the Civil Aviation Act 1988 and associated regulations.