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. This instrument replaces an instrument CASA 215/11 only for the purpose of removing references to aircraft that are no longer operated by Qantas.
Human Rights Compatibility
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
The instrument commences on the day of registration and stops having effect at the end of 31 July 2014.
The instrument has been made by a delegate of CASA under regulation 11.260 of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 235/12]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide a comprehensive regulatory framework for civil aviation in Australia, addressing the need for safe and efficient air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, ensuring the safety of air navigation. The instrument in question, F2012L01680, was introduced to provide specific instructions for Qantas Airways Limited regarding the approved use of Precision Area Navigation (P-RNAV) procedures for their Boeing 767-300ER aircraft. These instructions mandate compliance with safety standards and procedures to ensure the safe operation of these aircraft under instrument flight rules. The instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003 and, while not requiring consultation due to its limited scope, it maintains alignment with human rights and aims to ensure operational safety and compliance with international standards.
Scope and Application
The instrument F2012L01680 pertains to specific instructions regarding the approved use of Precision Area Navigation (P-RNAV) procedures for certain Boeing 767-300ER aircraft operated by Qantas Airways Limited. It applies to the specified aircraft and mandates that the operator adhere to a set of safety standards and procedures outlined in Schedule 2. The geographic scope of this regulation is effectively national, with compliance required within the jurisdiction of the Commonwealth of Australia, as governed by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. These regulations provide the framework within which the instrument operates, ensuring that Qantas’s use of P-RNAV procedures meets the necessary safety and operational standards. The instrument does not include any explicit exclusions or exemptions, and its application is strictly limited to the Qantas aircraft detailed in Schedule 1. Additionally, the instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, ensuring that it maintains legislative oversight.
Key Provisions
The main operative sections of this legislation, specifically the Civil Aviation Regulations 1988 (CAR 1988), include subregulation 179A(1) which allows the Civil Aviation Safety Authority (CASA) to issue instructions concerning instrument flight rules (IFR) flights. This includes specifying the method of navigation and the means to obtain a positive position fix. Subregulation 179A(2) mandates that a pilot in command may not fly an aircraft under IFR if it is not equipped for navigation and to obtain positive position fixes in accordance with the aforementioned instructions. Furthermore, subregulations 179A(3) and (3A) establish that any instruction not issued in the form of a Civil Aviation Order (CAO) is a disallowable instrument and must either be served on the relevant person or published in a notice to airmen (NOTAM) or in an aeronautical information publication (AIP). These provisions are crucial as they ensure that specific navigation methods and equipment are used to maintain flight safety.
The obligations and requirements imposed by this legislation on the parties governed, primarily Qantas Airways Limited, include strict adherence to the safety standards and procedures outlined in Schedule 2. These standards and procedures must align with those specified in the operations manual and flight manual of the Boeing 767-300ER aircraft. Additionally, any airborne systems must meet the performance and functional criteria set forth in the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. Moreover, the training program for flight crew must comply with the standards mentioned in the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance material. Qantas is also required to notify CASA in writing within 14 days of ceasing to operate an aircraft listed in Schedule 1.
Any breach of the provisions outlined in this legislation could lead to significant consequences. Under subregulation 179A(2) of CAR 1988, pilots operating under IFR without the appropriate equipment and procedures could face civil penalties. Furthermore, the instructions are considered a disallowable instrument under the Legislative Instruments Act 2003, meaning they can be subject to disallowance in Parliament. Non-compliance with these regulations could thus result in legal action, penalties, or other regulatory sanctions as deemed appropriate by the relevant authorities. The severity of the penalties would depend on the nature and extent of the breach, but could include fines, suspension of operations, or other measures to ensure compliance with safety standards.