CASA 205/10 – Instructions – for approved use of P-RNAV procedures

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Legislation au F2010L01566 Not in force Legislative Instrument

Legislation content

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 Airmen (NOTAMS) or in an Aeronautical Information Publication (AIP).

 

Instructions

The instrument applies to the Gulfstream GLF5 aircraft VH-LAL (the aircraft) operated by Little Aviation 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 the instrument, the operator is instructed to comply with a series of safety standards and procedures set out in Schedule 3.

 

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 is similar to many other instruments issued to operators all of whom meet the same requirements for operations using P-RNAV procedures.

 

Duration

The instrument commences on the day after it is registered and stops having effect at the end of 31 May 2012.

 

The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.

 

[Instrument number CASA 205/10]

Overview

The Civil Aviation Regulations 1988, enacted in 1988, aim to regulate civil aviation safety and operations in Australia, ensuring that air navigation is conducted safely and efficiently. This regulation was introduced to address the need for comprehensive rules governing aviation safety, particularly in the context of instrument flight rules (IFR) and the navigation methods aircraft must employ. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, and the Civil Aviation Regulations 1988 provide the framework for implementing these regulations. The policy objective of these regulations is to maintain the highest safety standards in civil aviation, ensuring that all aircraft and operators adhere to stringent guidelines when conducting IFR flights. The Civil Aviation Regulations 1988 were enacted by the Australian Parliament, reflecting a commitment to aviation safety and the efficient management of airspace.

Scope and Application

The instrument applies to the specific operation of the Gulfstream GLF5 aircraft, registered as VH-LAL, which is operated by Little Aviation Pty Limited. The legislation mandates that the operator must adhere to a series of safety standards and procedures when using precision area navigation (P-RNAV) procedures, as outlined in Schedule 3 of the instrument. These procedures are applicable only in locations where P-RNAV procedures are authorized by the air safety authority or the air navigation service provider. The legislation also stipulates that the operations manual and flight manual of the operator must comply with the standards and procedures mentioned in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority, relating to airworthiness and operational approval for Precision RNAV operations in designated European airspace. Furthermore, the airborne systems installed in the aircraft must meet the performance 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 must comply with the standards for training programs mentioned in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance material as set out in section 10 of the leaflet. The operator must notify CASA in writing within 14 days of ceasing to be the operator of the aircraft mentioned in Schedule 1. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. However, consultation under section 17 of the Legislative Instruments Act has not been undertaken in this case, as the instrument is similar to many others issued to operators who meet the same requirements for operations using P-RNAV procedures. The instrument will commence on the day after it is registered and will cease to have effect at the end of 31 May 2012.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain specific instructions (subregulation 179A(1)) concerning the approved use of P-RNAV (Precision Area Navigation) procedures for the Gulfstream GLF5 aircraft VH-LAL operated by Little Aviation Pty Limited. These instructions outline the method of navigation and obtaining positive position fixes under Instrument Flight Rules (I.F.R.), and they must be adhered to as per subregulation 179A(2). If these instructions are not issued in the form of a Civil Aviation Order (CAO), they are considered disallowable instruments under subregulation 179A(3) and must be served on the relevant parties or published in NOTAMS or the Aeronautical Information Publication (AIP). Little Aviation Pty Limited, as the operator, is obligated to follow a series of safety standards and procedures as set out in Schedule 3 of the instrument. These include ensuring that the aircraft’s operations manual and flight manual comply with the standards in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. The airborne systems must meet the performance and functional criteria mentioned 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 must adhere to 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. Failure to comply with these instructions may lead to civil or criminal consequences. Under subregulation 179A(3A) of CAR 1988, the instructions are considered disallowable instruments and thus a legislative instrument, subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. There is no specific mention of penalties in the text, but non-compliance with civil aviation regulations generally can result in enforcement actions, fines, or other sanctions as determined by CASA. The operator is also required to inform CASA in writing within 14 days of ceasing to operate the aircraft mentioned in Schedule 1.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.