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 aviators (NOTAMS) or in an aeronautical information publication (AIP).
Instructions
The instrument applies to a number of specially equipped Boeing 747-400 aircraft (the aircraft) operated by Qantas Airways 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 2.
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 Authority (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 renews an instrument (CASA 371/06) that expired at the end of June 2007. It was requested by, and issued for, a particular operator whom 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 1 July 2007 and stops having effect at the end of June 2008.
Retrospectivity
The instrument has a retrospective effect because it is stated to commence on 1 July 2007. It does so in accordance with paragraph 12 (1) (c) of the LIA. It does not contravene subsection 12 (2) of the LIA because it does not affect the rights of any person so as to disadvantage that person. It also does not impose liabilities on any person. Its sole purpose is to renew an instrument on which the named operator relies in the conduct of its operations and it will not have any other effect. The standards and procedures set out in Schedule 2 of this instrument and the preceding instrument are already accepted and complied with by the operator.
The exemption has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 192/07]
Overview
The Civil Aviation Regulations 1988, as amended by the F2007L01723 legislation, provide instructions for the approved use of Precision Area Navigation (P-RNAV) procedures by specially equipped Boeing 747-400 aircraft operated by Qantas Airways Limited. Enacted to ensure the safety of air navigation, the Civil Aviation Act 1988 empowers the Governor-General to make regulations for this purpose. The Civil Aviation (Approved Use of P-RNAV Procedures) Instrument 2007, issued under the authority of the Civil Aviation Regulations 1988, aims to outline the safety standards and procedures Qantas must adhere to when using P-RNAV. This includes compliance with specified manuals, system performance criteria, training programs, and crew briefings. The instrument also governs the reporting requirements when Qantas ceases to operate the specified aircraft and confirms its legislative status under the Legislative Instruments Act 2003. Although it does not involve new consultation, it renews an expired instrument, ensuring continuity in safe operational practices.
Scope and Application
The Civil Aviation Regulations 1988 Instructions for approved use of P-RNAV procedures by Qantas Airways Limited applies specifically to certain Boeing 747-400 aircraft operated by the company. These instructions are mandated by subregulation 179A(1) of the Civil Aviation Regulations 1988, which empowers the Civil Aviation Safety Authority (CASA) to issue navigational instructions for instrument flight rules (I.F.R.) flights, including the use of precision area navigation (P-RNAV) procedures. As per subregulation 179A(2), the pilot in command must ensure that the aircraft is equipped for navigation and to obtain positive position fixes in accordance with these instructions. The instrument is a legislative instrument under the Legislative Instruments Act 2003, and it is subject to tabling and disallowance in the Parliament. It applies nationally within Australia, with the operator required to comply with safety standards and procedures detailed in Schedule 2 of the instrument. The instrument is also subject to renewal and replacement as per the operational requirements and safety assessments conducted by CASA.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) contain specific provisions under section 98 that empower the Governor-General to make regulations for the Act and ensure the safety of air navigation. These provisions include the issuance of instructions concerning instrument flight rules (IFR) flights, which specify navigation methods and how to obtain positive position fixes (subregulation 179A(1)). Furthermore, subregulation 179A(2) mandates that pilots in command must not fly under IFR unless the aircraft is equipped in accordance with the issued instructions. Subregulations 179A(3) and 179A(3A) further clarify that if an instruction is not in the form of a Civil Aviation Order (CAO), it must be served on the applicable person or published in a notice to aviators (NOTAMS) or an aeronautical information publication (AIP), and it must be a disallowable instrument.
The obligations imposed on the parties governed by this legislation are stringent and safety-oriented. Qantas Airways Limited, the operator of specially equipped Boeing 747-400 aircraft, must adhere to the instructions detailed in the instrument for the approved use of precision area navigation (P-RNAV) procedures. These instructions mandate compliance with specific safety standards and procedures outlined in Schedule 2 of the instrument. The operator must ensure that their operations manual and flight manual meet the requirements for P-RNAV procedures as per Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Additionally, the airborne systems installed in the aircraft must meet the performance and functional criteria specified in the temporary guidance leaflet and be approved by CASA for P-RNAV use. The flight crew training program must comply with the standards set forth in the temporary guidance leaflet, and crew members must receive appropriate briefings and guidance material.
The legislation outlines severe consequences for non-compliance with its provisions. Subregulation 179A(3A) of CAR 1988 specifies that instructions not issued as a CAO are disallowable instruments, subject to the Legislative Instruments Act 2003 (LIA). Under subparagraph 6(d)(i) of the LIA, such instruments are considered legislative instruments and are subject to tabling and disallowance in Parliament. The operator must notify CASA in writing within 14 days of ceasing to operate the aircraft mentioned in Schedule 1. Failure to comply with the safety standards and procedures, or the instructions issued by CASA, may lead to the imposition of civil or criminal penalties as determined by the applicable aviation regulations and legislative frameworks.
The instrument, which commences on 1 July 2007 and expires at the end of June 2008, has a retrospective effect as per paragraph 12(1)(c) of the LIA. However, it does not contravene subsection 12(2) of the LIA, as it does not disadvantage any person or impose new liabilities. Its purpose is solely to renew an existing instrument that the operator relies on for its operations, ensuring continued compliance with accepted safety standards. The instrument renews CASA 371/06, which expired at the end of June 2007, and was issued at the request of a specific operator assessed by CASA to safely use P-RNAV procedures in accordance with the instrument.