CASA 201/09 - Instructions - for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation within Australia. This legislation provides the framework for the regulation of civil aviation and includes the ability to issue specific instructions to operators to ensure safe flight operations, such as the use of precision area navigation (P-RNAV) procedures. The instrument in question, issued under Section 98 of the Civil Aviation Act 1988 by the Civil Aviation Safety Authority (CASA), addresses the need for specific safety standards and procedures for the operation of the Gulfstream GIV-SP aircraft VH-DBT by Execujet Australia Pty Limited. This instrument is designed to ensure that the aircraft and its crew are fully compliant with the necessary safety standards when using P-RNAV procedures, thereby maintaining the high safety standards of Australian civil aviation. The instrument, which is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, outlines detailed requirements for equipment, training, and operational procedures to be adhered to by the operator.

Scope and Application

The Civil Aviation Regulations 1988 Instructions for the approved use of P-RNAV procedures by Execujet Australia Pty Limited for their Gulfstream GIV-SP aircraft VH-DBT specifically apply to the operator and the named aircraft, focusing on the safe conduct of Instrument Flight Rules (IFR) flights using precision area navigation (P-RNAV). These instructions are imperative for ensuring that the aircraft adheres to the stipulated safety standards and procedures, particularly when operating in areas where P-RNAV procedures are authorised by the relevant aviation authorities. Compliance with these instructions is mandatory and involves adherence to the detailed operational and flight manuals, which must align with the standards outlined in the Joint Aviation Authority’s Temporary Guidance Leaflet No. 10. Additionally, the airborne systems used for P-RNAV must meet CASA-approved certification criteria, and flight crew must undergo training and receive briefings as per the specified standards. This instrument is a legislative instrument under the Legislative Instruments Act 2003, given its declaration as a disallowable instrument in the Civil Aviation Regulations 1988. Although consultation under the Legislative Instruments Act has not been undertaken, the instrument’s similarity to other existing instructions for P-RNAV operations justifies its issuance. The instrument is effective from the day after its registration until the end of December 2010.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide a comprehensive framework for the safety and regulation of air navigation in Australia. Under subregulation 179A(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) has the authority to issue instructions that specify the methods for navigating aircraft under Instrument Flight Rules (I.F.R.). These instructions can include the use of precision area navigation (P-RNAV) procedures, which require aircraft to adhere to certain safety standards and procedures to ensure accurate and reliable navigation. Subregulation 179A(2) further mandates that aircraft must not be flown under I.F.R. if they are not equipped in accordance with these instructions, highlighting the importance of compliance with the specified navigation methods. The obligations imposed by these regulations are extensive and aim to ensure the highest standards of safety. For example, operators of aircraft such as the Gulfstream GIV-SP aircraft VH-DBT must ensure that their operations manuals and flight manuals include the requirements for P-RNAV procedures. These manuals must conform to the standards outlined in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Additionally, any airborne systems used for P-RNAV must meet the stringent performance and functional criteria detailed in sections 6 and 7 of the same leaflet and must be approved by CASA. Furthermore, the training programs for flight crew must adhere to the standards specified in paragraph 10.5 of the temporary guidance leaflet, and crew members must receive appropriate briefings and guidance materials as outlined in section 10 of the leaflet. Operators are also required to notify CASA in writing within 14 days of ceasing to operate an aircraft under these procedures. Failure to comply with these regulations can lead to significant consequences. Subregulation 179A(3A) of CAR 1988 states that instructions not issued as Civil Aviation Orders (CAO) are disallowable instruments, meaning they are subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003 (LIA). This implies that non-compliance with the specified procedures can result in formal scrutiny and potential legislative action. Additionally, subregulation 179A(3) mandates that such instructions must either be served on the relevant parties or published in a Notice to Airmen (NOTAM) or the Aeronautical Information Publication (AIP), ensuring that all stakeholders are informed of the requirements. The consequences for breaching these regulations can include both civil and criminal penalties, although the specific maximum penalties are not detailed in the explanatory statement provided. Nonetheless, the potential for such penalties underscores the importance of strict adherence to the outlined procedures.