Explanatory Statement
Civil Aviation Regulations 1988
Instructions — for approved use of P-RNAV procedures by Blissett Holdings Pty Ltd
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 Bombardier CL600 aircraft VH-MXK (the aircraft) operated by Blissett Holdings Pty Ltd (the operator) in private operations. 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 the 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 July 2015.
The instrument has been made by a delegate of CASA under regulation11.260 of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 232/12]
Overview
The Civil Aviation Regulations 1988, enacted to govern the safety of air navigation in Australia, provide a framework for the regulation of civil aviation within the country. This legislation allows for the creation of specific instructions and regulations to ensure the safety and efficiency of air navigation. One such instrument is the instruction issued to Blissett Holdings Pty Ltd regarding the approved use of P-RNAV procedures for their Bombardier CL600 aircraft, registered as VH-MXK. This instruction was created under the authority granted to CASA by section 98 of the Civil Aviation Act 1988 and aims to ensure compliance with safety standards and procedures when using precision area navigation (P-RNAV) in private operations. The policy objective is to maintain high safety standards in the use of advanced navigation procedures. The instrument is a legislative instrument as defined by the Legislative Instruments Act 2003 and is subject to the disallowance process in the Parliament.
Scope and Application
The instrument pertains to the approved use of precision area navigation (P-RNAV) procedures by Blissett Holdings Pty Ltd for its Bombardier CL600 aircraft VH-MXK, which is operated in private operations. The Civil Aviation Regulations 1988, under which this instrument falls, mandate that P-RNAV may only be used in locations where such procedures are authorised by the air safety authority or air navigation service provider. The instructions issued under this instrument require Blissett Holdings Pty Ltd to adhere to a series of safety standards and procedures outlined in Schedule 3. These standards and procedures must be consistent with those detailed in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 (Airworthiness and Operational Approval for Precision RNAV Operations in Designated European Airspace) 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 use with P-RNAV procedures. Flight crew training programs must also comply with the standards outlined in paragraph 10.5 of the temporary guidance leaflet, and crew members must receive appropriate briefings and guidance material as specified 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 subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, as it is considered a disallowable instrument under subregulation 179A(3A) of the Civil Aviation Regulations 1988.
Key Provisions
The primary sections of the Civil Aviation Regulations 1988 that are relevant to this legislation include subregulation 179A(1), which allows the Civil Aviation Safety Authority (CASA) to issue instructions regarding Instrument Flight Rules (I.F.R.) flights, and subregulation 179A(2), which mandates that aircraft must not be flown under I.F.R. unless they are equipped for navigation and capable of obtaining positive position fixes in accordance with these instructions. Additionally, subregulations 179A(3) and (3A) specify that if an instruction is not issued in the form of a Civil Aviation Order (CAO), it is a disallowable instrument and must be served or published to ensure it is known to those it affects.
The obligations imposed by the legislation on Blissett Holdings Pty Ltd and its aircraft VH-MXK are quite comprehensive. The operator must adhere to the safety standards and procedures outlined in Schedule 3 of the instrument, ensuring that the aircraft's operations manual and flight manual meet the requirements for precision area navigation (P-RNAV) procedures. Airborne systems installed in the aircraft must satisfy the performance certification criteria and functional criteria set out in the Temporary Guidance Leaflet No. 10 by the Joint Aviation Authority. Additionally, the training program for flight crew must comply with the standards for training programs mentioned in the guidance leaflet, and flight crew members must receive appropriate briefings and guidance material.
Failure to comply with the instructions and standards set out in the instrument can lead to serious consequences. Although specific offences and penalties are not detailed in the explanatory statement, it is noted that subregulation 179A(3A) of CAR 1988 declares that instructions not in a CAO are disallowable instruments, subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. Furthermore, any non-compliance with the Civil Aviation Regulations 1988 generally may result in regulatory action by CASA, which could include fines, suspension of operational approval, or other enforcement measures.