Explanatory Statement
Civil Aviation Regulations 1988
Instructions — for approved use of P-RNAV procedures (Qantas B-767)
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 Authorities (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 198/09 that ceased to have effect on 31 May 2011.
The instrument commences on the day of registration and stops having effect at the end of 31 May 2013.
The instrument has been made by a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA 215/11]
Overview
The Civil Aviation Regulations 1988, as amended by F2011L00912, were enacted to address the specific navigational requirements for certain aircraft operated under instrument flight rules, particularly focusing on the use of precision area navigation (P-RNAV) procedures. This legislative instrument was introduced by the Civil Aviation Safety Authority (CASA) under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. The policy objective of this regulation is to ensure that Qantas Airways Limited's specially equipped Boeing 767-300ER aircraft comply with stringent safety standards when using P-RNAV procedures. These instructions mandate adherence to detailed operational and safety protocols as outlined in the Joint Aviation Authorities' Temporary Guidance Leaflet No. 10, ensuring that both the aircraft's systems and the flight crew are appropriately certified and trained. The instrument is subject to disallowance under the Legislative Instruments Act 2003, reflecting its legislative status and the importance of parliamentary oversight in aviation safety regulations.
Scope and Application
The Civil Aviation Regulations 1988 Instructions—for approved use of P-RNAV procedures (Qantas B-767) outlines the specific requirements and procedures for the use of precision area navigation (P-RNAV) by Qantas Airways Limited for its Boeing 767-300ER aircraft. This instrument applies directly to Qantas as the operator of the specified aircraft, mandating compliance with detailed safety standards and procedures for conducting IFR flights using P-RNAV. The instrument emphasises adherence to standards set out in the operations and flight manuals, which must align with the Joint Aviation Authorities' Temporary Guidance Leaflet No. 10. Furthermore, the airborne systems used must meet specified performance and functional criteria and must be approved by the Civil Aviation Safety Authority (CASA). Training programs for flight crew must also meet the outlined standards, ensuring that crew members are adequately briefed and equipped with necessary guidance material. The instrument is applicable only in areas where P-RNAV procedures have been authorised by the relevant authorities. Additionally, the instrument is subject to disallowance under the Legislative Instruments Act 2003, as it is a disallowable instrument and must be tabled and potentially disallowed by Parliament.
Key Provisions
The Civil Aviation Regulations 1988, as modified by this instrument, provide specific instructions for Qantas Airways Limited when using precision area navigation (P-RNAV) procedures on certain Boeing 767-300ER aircraft. These instructions are detailed in Schedule 2 of the instrument. They require the operator to adhere to safety standards and procedures relevant to P-RNAV operations, which must align with those outlined in the operations manual and flight manual of the aircraft (subregulation 179A(1)). Furthermore, these manuals must comply with the standards and procedures set forth in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities (subregulation 179A(2)). 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 CASA for use with P-RNAV procedures (subregulation 179A(3)). The training program for flight crew using P-RNAV procedures 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 (subregulation 179A(4)).
The operator is under an obligation to ensure that all procedures and operations involving P-RNAV comply with the instructions provided in the instrument and relevant manuals. This includes maintaining and operating the aircraft systems in accordance with CASA's approval and ensuring that all flight crew members are adequately trained and briefed. The operator must also notify CASA in writing within 14 days of ceasing to operate the aircraft specified in Schedule 1 (subregulation 179A(5)). The instrument is subject to disallowance under the Legislative Instruments Act 2003, which means it can be reviewed and potentially disallowed by Parliament (subregulation 179A(3A)).
Failure to comply with the instructions could result in severe consequences, including potential penalties for operating an aircraft under instrument flight rules (IFR) without the required equipment and procedures in place, which is prohibited under subregulation 179A(2). Such non-compliance could lead to significant safety risks and may be considered a breach of the Civil Aviation Regulations 1988. Penalties for breaches of aviation regulations can include substantial fines and other enforcement actions, depending on the severity of the breach and its impact on aviation safety.