CASA 207/09 – Instructions – for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988 (CAR 1988) Instructions for approved use of P-RNAV procedures (F2009L01825) was introduced to address the specific navigational needs of aircraft utilising Precision Area Navigation (P-RNAV) procedures, ensuring compliance with safety standards and operational requirements. Enacted by the Civil Aviation Safety Authority (CASA), this legislation aims to enhance the safety and efficiency of air navigation by providing detailed instructions to operators of aircraft, such as the Learjet 60XR operated by Execujet Australia Pty Limited, when using P-RNAV procedures. The regulations mandate adherence to safety standards and procedures outlined in the operations manual and flight manual, which must align with standards set forth in the Joint Aviation Authority’s Temporary Guidance Leaflet No. 10. These instructions ensure that airborne systems meet performance and functional criteria approved by CASA, and that flight crew are adequately trained and briefed in accordance with the stipulated guidelines. The instrument is effective from the day after registration until the end of December 2010, subject to disallowance under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 Instructions for approved use of P-RNAV procedures are applicable to the Learjet 60XR aircraft VH-THG operated by Execujet Australia Pty Limited. These instructions mandate compliance with specific safety standards and procedures when employing precision area navigation (P-RNAV) methods, ensuring that these methods are used only in locations where they have been authorised by the air safety authority or the relevant navigation services provider. The operator is required to adhere to the detailed requirements outlined in their operations and flight manuals, which must align with the standards and procedures set forth in sections 9 and 10 of the 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 sections 6 and 7 of the temporary guidance leaflet and must have been approved by the Civil Aviation Safety Authority (CASA) for P-RNAV operations. The training program for the flight crew must also comply with the training program 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. The operator must also notify CASA in writing within 14 days of ceasing to operate the aircraft specified in Schedule 1. The instrument, being a legislative instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in the Parliament. Notably, this instrument does not require consultation under section 17 of the Legislative Instruments Act, as it mirrors many similar instruments issued to other operators under the same conditions. The instrument is effective from the day after registration and will cease to have effect by the end of December 2010. The instrument was made by a delegate of CASA under subregulation 7(1) of the Civil Aviation Regulations 1988.

Key Provisions

The Civil Aviation Regulations 1988, under subregulation 179A(1), permit the Civil Aviation Safety Authority (CASA) to issue instructions regarding Instrument Flight Rules (IFR) flights, including the navigation methods and methods to obtain a positive position fix. As per subregulation 179A(2), pilots in command of aircraft must adhere to these instructions if they wish to fly under IFR, ensuring their aircraft is properly equipped for navigation and obtaining a positive position fix. Subregulations 179A(3) and (3A) further clarify that instructions not issued as Civil Aviation Orders (CAOs) must be served on the applicable person or published in NOTAMS or the Aeronautical Information Publication (AIP). The operator of the Learjet 60XR aircraft VH-THG, in this case, Execujet Australia Pty Limited, must comply with specific safety standards and procedures outlined in Schedule 3 of the instrument if they are using precision area navigation (P-RNAV) procedures. These standards include adhering to the requirements detailed in their operations and flight manuals, which must align with the standards in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Additionally, the airborne systems 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 program 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 leaflet. Failure to comply with the instructions and standards set out in the instrument may result in legal consequences. Subregulation 179A(3A) of the Civil Aviation Regulations 1988 classifies instructions not issued as CAOs as disallowable instruments, subjecting them to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. Although consultation under section 17 of the Legislative Instruments Act was not undertaken in this instance, the instrument adheres to the same requirements as other similar instruments issued to operators. Non-compliance with these regulations could potentially lead to civil or criminal penalties, although the exact penalties are not specified in the text provided. The instrument is effective from the day after its registration and will cease to have effect at the end of December 2010. It was made by a delegate of CASA under subregulation 7(1) of the Civil Aviation Regulations 1988. This legislative framework ensures that the use of P-RNAV procedures is conducted safely and in compliance with regulatory standards, thereby safeguarding air navigation and the safety of air travel.