Explanatory Statement
Civil Aviation Regulations 1988
Instructions — GNSS primary means navigation (A330 and B737NG 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 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.
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.
An instrument CASA 430/10 was issued to Virgin Airlines to allow its aircraft to fly approaches using their RNP capabilities.
This instrument revokes and replaces CASA 430/10. The instrument applies to Airbus A330 and Boeing 737NG aircraft, being aircraft that have the required technology. The instructions clarify the provisions of CASA 430/10. 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 Acts Interpretation Act 1901.
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.
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.
Consultation
Consultation under section 17 of the LIA has not been undertaken. The instrument is consistent with previous instruments issued to Australian airlines. It will allow Virgin Australia Airlines Limited to reduce dependence on ground‑based systems.
The instrument has been made by a delegate of CASA under regulation 11.260 of CASR 1988.
[Instrument number CASA 194/12]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety and efficiency of air navigation in Australia, have been supplemented by the instrument F2012L01560 issued under section 98 of the Civil Aviation Act 1988. This instrument, which revokes and replaces CASA 430/10, provides specific instructions for the use of Global Navigation Satellite System (GNSS) for primary means navigation under Instrument Flight Rules (I.F.R.) for Airbus A330 and Boeing 737NG aircraft. The instrument addresses the need for modern aircraft with Required Navigation Performance (RNP) capabilities to conduct non-precision approaches using their onboard navigation systems, thereby reducing reliance on ground-based navigation aids. Developed by the Civil Aviation Safety Authority (CASA), the instrument outlines the conditions and procedures for GNSS use, including requirements for GNSS availability predictions, navigation equipment, navigation database approval, and flight crew training. This regulatory measure ensures that Virgin Australia Airlines Limited can operate in compliance with safety standards while leveraging advanced navigation technologies.
Scope and Application
The Civil Aviation Regulations 1988, as amended by F2012L01560, apply specifically to the use of Airbus A330 and Boeing 737NG aircraft for instrument flight rules (IFR) operations, enabling these aircraft to conduct non-precision approaches using their RNP capabilities without relying on ground-based navigation aids. This regulation falls under the purview of the Civil Aviation Act 1988, and is intended to enhance safety by allowing the use of Global Navigation Satellite System (GNSS) as a primary means of navigation. The regulation clarifies and refines the conditions under which these approaches can be conducted, including requirements for GNSS availability prediction, necessary navigation equipment, pre-flight checks, in-flight procedures, and flight crew training. The instructions also incorporate the use of an approved navigation database. This regulation applies to airlines operating within Australia, and as a legislative instrument, it is subject to disallowance under the Legislative Instruments Act 2003. Importantly, the instrument is compatible with human rights and freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, and consultation has been deemed unnecessary as it aligns with previous instruments issued to Australian airlines.
Key Provisions
The Civil Aviation Regulations 1988, under subregulation 179A(1), allow the Civil Aviation Safety Authority (CASA) to issue instructions regarding Instrument Flight Rules (I.F.R.). These instructions specify the methods for navigating an aircraft and obtaining a positive position fix. The instrument CASA 194/12, which replaces CASA 430/10, applies specifically to Airbus A330 and Boeing 737NG aircraft and pertains to the use of Global Navigation Satellite System (GNSS) for primary means navigation under I.F.R. It defines terms and sets conditions for conducting non-precision approaches using the aircraft's navigation systems. These conditions include obtaining a prediction of GNSS availability, ensuring the minimum required navigation equipment is used, and employing an approved navigation database. Additionally, the instrument outlines pre-flight checking procedures, in-flight procedures, and flight crew training requirements.
The obligations imposed by the instrument on the parties it governs include ensuring that all GNSS predictions for proposed operations are obtained and that the minimum required navigation equipment is present and functional. The aircraft must also use an approved navigation database. Furthermore, the flight crew must adhere to the specified pre-flight checking procedures and in-flight procedures. Regular training must also be provided to ensure that the crew is competent in using the GNSS for navigation. The instrument mandates that these obligations are met to ensure the safety and compliance with I.F.R.
Breach of the provisions outlined in the instrument can lead to various civil and criminal consequences. While specific penalties are not detailed in the explanatory statement, breaches of civil aviation regulations generally attract fines and potential grounding of aircraft. CASA has the authority to enforce these regulations and can impose penalties for non-compliance. The maximum penalties for breaches of civil aviation regulations can include substantial fines and, in severe cases, prosecution under criminal law, which could result in imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any previous history of non-compliance by the airline or individual involved.