Explanatory Statement
Civil Aviation Regulations 1988
Instructions — RNP APCH LNAV and RNP APCH LNAV/VNAV on National Jet Systems, trading as Cobham Aviation Services Australia – Airline Services, B717-200 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.) flights specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
This instrument contains instructions to enable B717-200 type aircraft operated by National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services (the operator) to conduct new required navigation performance approach (RNP APCH) procedures on the basis of their RNP capability.
Conditions and procedures
The instrument sets out the conditions to be satisfied by the operator and the specified aircraft. It also sets out the procedures to be followed while carrying out the approaches.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares instructions 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. A number of similar instruments have been issued to aircraft operators to enable them to use modern navigation systems. A similar instrument would be issued to any operator whose relevant aircraft can meet the required standard of navigation performance and whose flight crew have been adequately trained.
Compatibility with human rights and freedoms
This 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 as it does not raise any human rights issues. It does not engage any of the applicable rights or freedoms.
Commencement and making
The instrument commences on the day after registration and stops having effect at the end of August 2015.
The instrument has been made by a delegate of CASA under 11.260 of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 301/12]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation in Australia, providing a framework for the regulation of civil aviation and the operation of aircraft. In 2012, an instrument was introduced to allow the operation of required navigation performance approach procedures on the basis of RNP capability for B717-200 type aircraft operated by National Jet Systems, trading as Cobham Aviation Services Australia – Airline Services. This instrument was developed under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations relating to the safety of air navigation, and subregulation 179A(1) of the Civil Aviation Regulations 1988, which permits the issuance of instructions regarding Instrument Flight Rules flights. The policy objective is to enable the use of modern navigation systems by appropriately qualified aircraft operators, thereby enhancing the safety and efficiency of air navigation procedures. The instrument is subject to tabling and disallowance in Parliament, as declared under the Legislative Instruments Act 2003, although consultation under the Legislative Instruments Act has not been undertaken in this instance.
Scope and Application
The Civil Aviation Regulations 1988 Instructions, specifically instrument number CASA 301/12, pertain to the operation of B717-200 type aircraft by National Jet Systems, trading as Cobham Aviation Services Australia – Airline Services. This legislation allows the specified aircraft to conduct required navigation performance approach (RNP APCH) procedures on the basis of their RNP capabilities, thereby enabling the operator to perform advanced Instrument Flight Rules (IFR) flights with enhanced precision. The instrument sets out conditions and procedures that the operator and the aircraft must satisfy and adhere to while carrying out these approaches. The instructions are a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament. Despite not being subject to consultation under the Legislative Instruments Act, the instrument aligns with existing practices as similar instruments have been issued to other operators meeting the required navigation performance standards and having adequately trained flight crews. This instrument ensures compatibility with human rights and freedoms, as it does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument commences on the day after registration and ceases to have effect at the end of August 2015.
Key Provisions
The Civil Aviation Regulations 1988 Instructions, specifically pertaining to the RNP APCH LNAV and RNP APCH LNAV/VNAV on the B717-200 aircraft operated by National Jet Systems, trading as Cobham Aviation Services Australia – Airline Services, lay out the conditions and procedures necessary for conducting these advanced navigation approaches (subregulation 179A). This regulatory instrument is underpinned by Section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act and specifically for the safety of air navigation. Under subregulation 179A(1) of the Civil Aviation Regulations 1988, the Civil Aviation Safety Authority (CASA) has the authority to issue instructions regarding Instrument Flight Rules (IFR) flights, outlining the navigation methods and how to obtain a positive position fix. This instrument is designed to enable Cobham Aviation Services Australia – Airline Services to use their B717-200 aircraft's RNP capabilities to conduct new required navigation performance approaches.
The obligations imposed on the operator include ensuring that their B717-200 aircraft meet the specified conditions for RNP APCH LNAV and RNP APCH LNAV/VNAV approaches. This involves satisfying the technical requirements of the aircraft and ensuring that the flight crew are adequately trained in these advanced navigation procedures. The operator must adhere to the procedures outlined in the instrument to ensure the safe conduct of these approaches, which may include specific flight paths, altitude restrictions, and other operational parameters. Additionally, the operator must maintain records and documentation demonstrating compliance with these conditions and procedures.
Failure to comply with the conditions and procedures specified in these instructions may result in civil or criminal consequences. Under the Legislative Instruments Act 2003, the instrument is considered a disallowable instrument and is subject to tabling and disallowance in Parliament. Although consultation under section 17 of the LIA was not undertaken for this specific instrument, similar instruments have been issued to other operators with comparable capabilities and training. Non-compliance with these regulations could potentially result in penalties under the Civil Aviation Act 1988 or other relevant legislation, although specific penalties are not detailed in the explanatory statement. The instrument is designed to ensure the safety and efficiency of air navigation, and adherence to its provisions is critical for the safe operation of the aircraft.