CASA 31/11 – Instructions — for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations for the safety of air navigation and the operation of aircraft within Australia, aligning with the overarching Civil Aviation Act 1988. This legislative framework was introduced to address the need for a structured and stringent regulatory system to ensure the safety and efficiency of air navigation and aircraft operations, thereby mitigating risks associated with civil aviation. The Civil Aviation Regulations 1988 are administered by the Civil Aviation Safety Authority (CASA), which has the authority to issue specific instructions under the Act to ensure compliance with safety standards, as exemplified by the recent instrument concerning the approved use of P-RNAV procedures for certain Boeing 777 aircraft operated by Virgin Blue International Airlines. The policy objective is to maintain and enhance aviation safety by ensuring that aircraft operations adhere to stringent safety standards and procedures.

Scope and Application

The instrument applies to specially equipped Boeing 777 aircraft operated by Virgin Blue International Airlines Pty Ltd trading as V Australia, mandating compliance with a series of safety standards and procedures when using precision area navigation (P-RNAV) procedures. These instructions are specifically tailored to ensure the safe implementation of P-RNAV, which is only permissible in locations where such procedures are authorised by the air safety authority or air navigation service provider. The operator must adhere to the standards outlined in their operations manual and flight manual, which must align with the guidelines set forth in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Additionally, airborne systems must meet performance and functional criteria stipulated in sections 6 and 7 of the temporary guidance leaflet and be approved by the Civil Aviation Safety Authority (CASA) for P-RNAV procedures. The flight crew's training program must also comply with the training standards mentioned in paragraph 10.5 of the leaflet, and crew members must be appropriately briefed and provided with guidance material as outlined in section 10. The instrument, being a disallowable instrument under subregulation 179A(3A) of the Civil Aviation Regulations 1988, is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The instrument revokes and remakes a previous instrument, CASA 477/10, with the addition of two new aircraft, hence consultation under section 17 of the Legislative Instruments Act has not been undertaken. The instrument is effective from the day after its registration and will cease to have effect at the end of January 2013.

Key Provisions

The main operative sections of this piece of legislation are subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988), which allows the Civil Aviation Safety Authority (CASA) to issue instructions on the method by which an aircraft is to be navigated and how a positive position fix is to be obtained, and subregulation 179A(2) which mandates that an aircraft must not be flown under Instrument Flight Rules (IFR) if it is not equipped for navigation and to obtain positive position fixes in accordance with the instructions issued under subregulation 179A(1). Subregulations 179A(3) and (3A) detail the form these instructions must take, stating they 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). The obligations and requirements imposed by this Act on the parties it governs, specifically Virgin Blue International Airlines Pty Ltd trading as V Australia (the operator), include compliance with a series of safety standards and procedures outlined in Schedule 2 of the instrument. The operator must ensure that their operations manual and flight manual adhere to the requirements for P-RNAV procedures, which 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). Furthermore, the airborne systems installed in the aircraft must meet the performance 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 also inform CASA in writing not later than 14 days after ceasing to be the operator of an aircraft mentioned in Schedule 1. The Act imposes several potential consequences for breach. Firstly, subregulation 179A(2) of CAR 1988 makes it an offence for the pilot in command of an aircraft to fly it under IFR if it is not equipped for navigation and to obtain positive position fixes in accordance with instructions issued under subregulation 179A(1). Subregulations 179A(3) and (3A) of CAR 1988 declare that if an instruction is not issued in the form of a Civil Aviation Order (CAO), it is a disallowable instrument. Under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (the LIA), these instructions are a legislative instrument and are subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. However, the specific penalties or consequences for breach are not detailed in the Act, and would likely depend on the specific circumstances and the severity of the breach.