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), 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 airmen (NOTAMS) or in an aeronautical information publication (AIP).
Instructions
The instrument applies to a number of specially equipped Boeing 767-300ER 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 the form of 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 because this instrument remakes an instrument CASA 249/08 that ceased to have effect on 31 May 2009.
The instrument commences on the day of registration and stops having effect at the end of 31 May 2011.
The instrument has been made by a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA 198/09]
Overview
The Civil Aviation Regulations 1988, amended by the instrument CASA 198/09, address the need for specific instructions governing the use of Precision Area Navigation (P-RNAV) procedures by specially equipped Boeing 767-300ER aircraft operated by Qantas Airways Limited. This legislation was introduced to ensure the safety and compliance of air navigation methods in alignment with civil aviation standards. The Civil Aviation Act 1988 empowers the Governor-General to enact regulations for aviation safety, and under subregulation 179A of the Civil Aviation Regulations 1988, the Civil Aviation Safety Authority (CASA) is authorised to issue instructions for instrument flight rules (IFR) flights. The policy objective is to maintain a high standard of safety in air navigation by ensuring that aircraft are properly equipped and operated in accordance with detailed safety standards and procedures.
Scope and Application
The Civil Aviation Regulations 1988 Instructions for approved use of P-RNAV procedures apply specifically to specially equipped Boeing 767-300ER aircraft operated by Qantas Airways Limited. The regulations mandate that these aircraft can only use precision area navigation (P-RNAV) procedures in areas where such procedures are authorised by the relevant air safety authority or air navigation service provider. Qantas Airways Limited must adhere to a series of safety standards and procedures outlined in Schedule 2, which include compliance with their operations and flight manuals as well as standards for airworthiness and operational approval as specified in the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. The aircraft's airborne systems must meet performance and functional criteria approved by the Civil Aviation Safety Authority (CASA) for P-RNAV procedures, and flight crew must undergo training and receive appropriate briefings as per the temporary guidance leaflet. The instrument, being a disallowable instrument under subregulation 179A(3A) of the Civil Aviation Regulations 1988, is also subject to the Legislative Instruments Act 2003, requiring tabling and disallowance in Parliament. The instrument was remade to replace CASA 249/08, which expired on 31 May 2009, and is effective until 31 May 2011.
Key Provisions
The Civil Aviation Regulations 1988, specifically under subregulation 179A(1), empower the Civil Aviation Safety Authority (CASA) to issue instructions regarding instrument flight rules (I.F.R.) flights, including the navigation methods and the obtaining of positive position fixes. Under subregulation 179A(2), pilots in command of an aircraft are mandated not to fly under I.F.R. unless the aircraft is equipped as per the instructions issued under subregulation 179A(1). Additionally, subregulations 179A(3) and (3A) stipulate that if these instructions are not issued in the form of a Civil Aviation Order (CAO), they are considered disallowable instruments and must be served on the relevant parties or published in notices to airmen (NOTAMS) or aeronautical information publications (AIP).
The obligations under this legislation are detailed and specific. Qantas Airways Limited, the operator of specially equipped Boeing 767-300ER aircraft, must ensure that the use of precision area navigation (P-RNAV) procedures adheres to the safety standards and procedures outlined in Schedule 2. These standards and procedures necessitate compliance with the requirements detailed in the operations manual and flight manual, which must align with the standards and procedures in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Furthermore, the airborne systems installed in the aircraft must meet the performance and functional criteria specified in sections 6 and 7 of the temporary guidance leaflet and must be approved by CASA for use with P-RNAV procedures. The training programs for flight crew must also comply with the standards mentioned in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance material as outlined in section 10 of the temporary guidance leaflet.
Failure to comply with the provisions of this legislation can result in significant consequences. Under subregulation 179A(3A) of the Civil Aviation Regulations 1988, the instructions are considered disallowable instruments, meaning they are legislative instruments subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. While consultation under section 17 of the Legislative Instruments Act has not been undertaken for this particular instrument, as it remakes an instrument that ceased to have effect, any failure to adhere to the outlined instructions and safety standards can potentially lead to severe penalties. These penalties may include civil or criminal consequences, depending on the nature and severity of the breach. Although the exact maximum penalties are not specified in the provided text, it is clear that non-compliance could result in significant repercussions for the operator and its personnel.