CASA 249/08 - Instructions - for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988 were amended through the issuance of F2008L01324 to address specific navigational requirements for certain aircraft operated by Qantas Airways Limited. This legislative instrument, issued under the authority granted by Section 98 of the Civil Aviation Act 1988, targets the safe and effective use of precision area navigation (P-RNAV) procedures for specially equipped Boeing 767-300 aircraft. The primary function of these regulations is to ensure that Qantas Airways adheres to stringent safety standards and procedures when utilising P-RNAV, thereby maintaining the high safety standards expected in air navigation. The instrument is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance processes in Parliament. It has been enacted to correct typographical errors in the previous instrument CASA 41/08, and it remains in effect until the end of 31 May 2009.

Scope and Application

The Civil Aviation Regulations 1988 Instructions for approved use of P-RNAV procedures apply specifically to specially equipped Boeing 767-300 aircraft operated by Qantas Airways Limited. These instructions pertain to the operation of precision area navigation (P-RNAV) procedures, which must only be used in locations where such procedures are authorised by the relevant air safety authority or air navigation service provider. The operator, Qantas Airways Limited, is required to adhere to a series of safety standards and procedures outlined in Schedule 2 of the instrument. These include compliance with the requirements for P-RNAV procedures as specified in its operations manual and flight manual, which must align with the standards and procedures set out in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. The airborne systems installed in the aircraft must also meet the performance and functional criteria mentioned 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. Additionally, 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, and flight crew members must receive appropriate briefings and guidance material as set out in section 10 of the leaflet. Qantas Airways Limited must notify CASA in writing within 14 days of ceasing to operate any of the specified aircraft. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. The instrument commences on the day after registration and ceases to have effect at the end of 31 May 2009.

Key Provisions

The key operative sections of the Civil Aviation Regulations 1988, as amended, pertain to the instructions issued for approved use of Precision Area Navigation (P-RNAV) procedures by specially equipped Boeing 767-300 aircraft operated by Qantas Airways Limited. Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations concerning the Act and air navigation safety, while subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to issue instructions regarding instrument flight rules (I.F.R.) flights. Importantly, subregulation 179A(2) of CAR 1988 mandates that aircraft must not be flown under I.F.R. if they are not equipped for navigation and to obtain positive position fixes in accordance with CASA instructions. The instrument specifically applies to Qantas' Boeing 767-300 aircraft, detailing the procedures and safety standards required for the use of P-RNAV. The obligations imposed on the parties governed by this Act are comprehensive. The operator, Qantas Airways Limited, must ensure that all P-RNAV procedures comply with the safety standards and procedures outlined in Schedule 2. This includes adhering to the requirements set out in their operations manual and flight manual, which must align with the standards detailed in sections 9 and 10 of the Joint Aviation Authority’s Temporary Guidance Leaflet No. 10. 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 be approved by CASA. The training program for flight crew must also comply with the training 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 leaflet. Qantas is further required to notify CASA in writing if it ceases to operate any aircraft listed in Schedule 1. Violations of the Civil Aviation Regulations 1988 can lead to various consequences. Under subregulation 179A(3) of CAR 1988, if an instruction is not issued in the form of a Civil Aviation Order (CAO), it is a disallowable instrument and must be served on the applicable person or published in a notice to airmen (NOTAMS) or an aeronautical information publication (AIP). Additionally, subregulation 179A(3A) of CAR 1988 and subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA) declare such instructions to be legislative instruments, subject to tabling and disallowance in Parliament. Consequently, failure to comply with these regulations could result in the instrument being disallowed by Parliament, potentially leading to legal repercussions for the operator. The penalties for non-compliance could include fines and other civil or criminal sanctions, although the specific maximum penalties are not detailed in the provided text.