Explanatory Statement
Civil Aviation Regulations 1988
Instructions — RNP as primary means of navigation for NDB, VOR or DME overlay approaches (Skytraders A319 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 the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions in relation to Instrument Flight Rules (I.F.R.) flights 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 the 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.
This instrument allows aircraft operated by Skytraders Pty Ltd (the operator) to fly non‑precision approaches using their RNP capabilities in the absence of ground-based navigation aids. The approaches flown in this manner are referred to as overlay approaches, a term defined in the instrument. The instrument applies to Airbus A319 aircraft, being aircraft that have the required technology.
The use of overlay approaches is subject to requirements. The approach must be flown in accordance with Airbus standard operating procedures for non-precision approach as set out in the operator’s Flight Crew Operating Manual. The approach must not be flown if the underlying navigation aid has been decommissioned or the relevant instrument approach has been withdrawn. The operator’s policy, procedures and limitations regarding the conduct of overlay approaches must be included in its operations manual. The operator must inform CASA if any condition, operational bulletin, airworthiness directive or flight manual amendment change or affect this instrument.
The instrument repeals and replaces CASA 31/13 which stops having effect at the end of February 2016. The only changes are the omission of subclause 1 (3) in Schedule 1 of that instrument and other minor editorial amendments.
Subclause 1 (3) of Schedule 1 of that instrument allowed the operator, for flight planning purposes, to retain NDB, VOR and DME in the ATC notification field on the flight plan regardless of whether the onboard equipment was fitted or serviceable, provided the conditions of that instrument were met. Airservices Australia (AA) has previously raised concerns about that clause in relation to en route separation standards. Accordingly, the instrument is reissued with subclause 1 (3) in Schedule 1 removed.
Legislative Instruments Act 2003 (the LIA)
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 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.
Consultation
The operator has requested this instrument. This instrument replaces CASA 31/13, which stops having effect at the end of February 2016. The instrument also takes into account concerns raised by AA. In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for this type of instrument (OBPR id: 14507).
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under regulation 11.260 of the Civil Aviation Safety Regulations 1998.
The instrument commences on 1 March 2016 and expires at the end of February 2019, as if it had been repealed by another instrument.
[Instrument number CASA 21/16]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Instructions — RNP as primary means of navigation for NDB, VOR or DME overlay approaches (Skytraders A319 aircraft)
This legislative 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.
Overview of the legislative instrument
The legislative instrument reissues instructions for the conduct of specified non-precision approach procedures by Skytraders Pty Ltd in Airbus A319 aircraft. These aircraft have a navigation system that is capable of meeting the relevant navigation performance requirements.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority