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 Cessna C-510 operated by Singapore Flying College Pte Ltd (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 of registration and stops having effect at the end of 30 June 2011.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 220/10]
Overview
The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations for the safety of air navigation in Australia, allowing the Governor-General to make necessary regulations under Section 98 of the Civil Aviation Act 1988. This legislative framework enables the Civil Aviation Safety Authority (CASA) to issue specific instructions regarding Instrument Flight Rules (IFR) flights, including navigation methods and position fixes, ensuring that aircraft are equipped and operated safely according to prescribed standards. These regulations are vital in addressing the need for stringent air navigation safety measures to protect both aviation personnel and the public. The policy objective is to maintain the highest safety standards in air navigation by providing clear, enforceable guidelines for aircraft operations under IFR.
The instrument in question, concerning the approved use of P-RNAV procedures for the Cessna C-510 operated by Singapore Flying College Pte Ltd, aligns with these regulatory objectives. It mandates compliance with detailed safety standards and procedures set out in Schedule 3, referencing the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. This ensures that airborne systems, flight crew training, and operational protocols meet stringent criteria, thereby enhancing the overall safety of air navigation. The instrument is subject to disallowance under the Legislative Instruments Act 2003, although it was issued without consultation as it mirrors similar requirements for other operators. The instrument is effective from its registration until 30 June 2011.
Scope and Application
The instrument concerns instructions for the approved use of P-RNAV procedures by the operator Singapore Flying College Pte Ltd, specifically for the operation of a Cessna C-510 aircraft. These instructions are mandated by subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988), which empowers the Civil Aviation Safety Authority (CASA) to issue specific navigational and position-fixing instructions for Instrument Flight Rules (IFR) flights. The instrument applies to the operator and its aircraft, ensuring compliance with the outlined safety standards and procedures. It is essential that the operator adheres to these instructions, which are not only critical for the safe conduct of flights but also necessary to meet the legal requirements under the Civil Aviation Act 1988. The geographic scope of this legislation is inherently national, as it pertains to air navigation within Australia, and the instructions are subject to the disallowable instrument provisions under the Legislative Instruments Act 2003, thereby requiring parliamentary oversight.
Key Provisions
The main sections of the instrument (CAR 1988, subregulation 179A) focus on the use of precision area navigation (P-RNAV) procedures by the operator of a Cessna C-510 aircraft, specifically Singapore Flying College Pte Ltd. These sections require the operator to follow safety standards and procedures for P-RNAV, ensuring the aircraft is equipped to navigate and obtain positive position fixes as per the instructions issued under subregulation 179A(1). The operator must adhere to the specific safety standards and procedures outlined in Schedule 3 of the instrument. Additionally, these procedures can only be used in areas where P-RNAV is authorised by the air safety authority or air navigation service provider.
The obligations imposed on the operator include compliance with the requirements for P-RNAV procedures as mentioned in the operations manual and flight manual. These manuals must align with the standards and procedures outlined in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Airborne systems must meet performance and functional criteria mentioned in sections 6 and 7 of the temporary guidance leaflet and must be approved by CASA. The training program for flight crew must also comply with the standards for training programs as per paragraph 10.5 of the temporary guidance leaflet, and flight crew must receive appropriate briefings and guidance material as outlined in section 10 of the temporary guidance leaflet. The operator must notify CASA in writing within 14 days of ceasing to operate an aircraft listed in Schedule 1.
The instrument also outlines the consequences of non-compliance. According to subregulation 179A(3A) of CAR 1988, any instructions that are not issued as a Civil Aviation Order (CAO) are considered disallowable instruments and must be served on the applicable person or published in a Notice to Airmen (NOTAM) or Aeronautical Information Publication (AIP). As per subparagraph 6(d)(i) of the Legislative Instruments Act 2003, these instructions are deemed legislative instruments and are subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. Failure to adhere to these provisions could result in severe penalties, though the exact penalties are not detailed within the instrument.