Explanatory Statement
Civil Aviation Regulations 1988
Instructions — RNP as primary means of navigation for NDB, VOR or DME overlay approaches (Skytraders A319 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.
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 allows aircraft operated by Skytraders Pty Ltd (the operator) to fly non‑precision approaches using their RNP capabilities in the absence of ground-based navigation aids. The approaches flown in this manner are referred to as overlay approaches, a term defined in the instrument. The instrument applies to Airbus A319 aircraft, being aircraft that have the required technology.
The use of overlay approaches is subject to conditions. The approach must be flown in accordance with Airbus standard operating procedures for non-precision approach as set out in the operator’s Flight Crew Operating Manual. The approach must not be flown if the relevant ground-based navigation aid has been decommissioned or the relevant instrument approach has been withdrawn. The operator’s policy, procedures and limitations regarding the conduct of overlay approaches must be included in its operations manual suite. The operator must inform CASA should any condition, operational bulletin, airworthiness directive or flight manual amendment affect this instrument.
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.
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.
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 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 solution 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.
The instrument has been made by a delegate of CASA relying on the power of delegation under regulation 11.260 of the Civil Aviation Safety Regulations 1998.
Compatibility with human rights and freedoms
A statement of compatibility with human rights is at Attachment 1.
Commencement and making
The instrument commences on the day after registration and stops having effect at the end of February 2016.
The instrument has been made by a delegate of CASA relying on the power of delegation under regulation 11.260 of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 31/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Instructions — RNP as primary means of navigation for NDB, VOR or DME overlay approaches (Skytraders A319 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 legislative instrument allows the Australian aircraft mentioned to reduce their dependence on ground-based navigation systems and to take advantage of the capabilities of the navigation systems with which they are equipped. Use of the instrument is subject to compliance with the operational requirements mentioned as conditions.
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