Explanatory Statement
Civil Aviation Regulations 1988
Instructions — GNSS primary means navigation (B787-8 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.), specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
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 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 applies to Boeing 787-8 aircraft, being aircraft that have the required technology. The instrument is required to allow them to be introduced into service by the operator to whom the instructions apply and used in accordance with their capabilities. The instrument sets out the conditions subject to which non-precision instrument approaches to aerodromes may be conducted by the operator using the aircraft’s navigation systems.
These conditions include the following. The aircraft must be capable of the required navigation performance for the relevant operations. The aircraft must be operated in accordance with the manufacturer’s instructions. The procedure to be flown by the flight crew must be extracted from an approved navigation database. The operator must ensure that flight crew are appropriately trained in the minimum equipment required for dispatch, commencement of the approach, the approach procedures and the reasons to discontinue the approach.
The training syllabus for training of flight crew must be included in the operator’s approved training and checking manual.
The operator’s policy, procedures and limitations on the use of GNSS as the primary means of navigation must be included in the operator’s operations manual.
This instrument repeals and replaces instrument CASA 163/14. The only change is the amendment of paragraph 3 (4) in Schedule 1 so that it refers to all destination alternate minima rather than only international destination alternate minima.
Legislative Instruments Act
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 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 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.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Consultation
Consultation under section 17 of the LIA has not been undertaken. The instrument applies only to a single operator and there was no need for general consultation. It allows recently introduced and more accurate navigation equipment to be used that was not provided for in the current CAR 1988.
It reissues a previous instrument, CASA 163/14, with the omission of words in paragraph 3 (4) that unintentionally restricted the exemption.
Consultation is also not necessary because the instrument is consistent with previous instruments issued to Australian airlines to allow them to reduce their dependence on ground-based navigation systems. It applies substantially the same rules and conditions that have already been accepted and put into practice.
The use of this equipment provides an increase in safety as it improves the reliability of the navigation solutions provided to the aircraft crew. Airlines are satisfied with the effect of instructions of this sort.
Similar instruments would be issued to any Australian airline that meets the requirements outlined in the relevant aircraft flight manual and is assessed by CASA as suitable to use overlay approach procedures when conducting non-precision approaches.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The instrument commences on the day of registration and expires at the end of June 2017, as if it had been repealed by another instrument.
[Instrument number CASA 245/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Instructions — GNSS primary means navigation (B787‑8 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 purpose of this legislative instrument is to reissue instructions for the conduct of specified non-precision approach procedures by Jetstar Airways Pty Ltd in Boeing 787-8 aircraft. These aircraft have a navigation system that is capable of meeting the relevant navigation performance requirements.
The purpose of the reissue is to correct a minor error in the conditions of the exemption.
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