Explanatory Statement
Civil Aviation Regulations 1988
Instructions — for approved use of P-RNAV procedures
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and 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, among other things, the method by which an aircraft is to be navigated and how a positive position fix is to be obtained. Under subregulation 179A (2), the pilot in command of an aircraft must not fly it under the I.F.R. if it is not equipped for navigation and to obtain positive position fixes in accordance with instructions issued under subregulation 179A (1). Under subregulations 179A (3) and (3A), if an instruction is not issued in the form of a Civil Aviation Order (CAO), it is a disallowable instrument and 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).
Instructions
The instrument applies to a number of specially equipped Airbus A330-200/300 aircraft (the aircraft) operated by Qantas Airways Limited (the operator). It contains instructions which the operator must follow if using precision area navigation (P-RNAV) procedures. P-RNAV may only be used in a place where P-RNAV procedures are authorised by the air safety authority or air navigation service provider for the place. Under the instrument, the operator is instructed to comply with a series of safety standards and procedures set out in Schedule 2.
Standards and procedures
The operator must comply with the requirements for P-RNAV procedures mentioned in its operations manual and flight manual. These manuals 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).
Airborne systems installed in the aircraft must meet the performance certification criteria 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 tell CASA in writing not later than 14 days after ceasing to be the operator of an aircraft mentioned in Schedule 1.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares instructions that are not in a CAO 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. The instrument revokes two previous instruments (CASA 416/07 and CASA 72/08) and remakes them into 1 instrument with the addition of new aircraft. A similar instrument would be issued to any appropriate operator who could meet its safety conditions.
Duration
The instrument commences on the day after it is registered and stops having effect at the end of 30 June 2011.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 319/08]
Overview
The Civil Aviation Regulations 1988 (CAR 1988), enacted by the Australian Government, addresses the need for precise regulations governing the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations ensuring air navigation safety, while subregulation 179A allows the Civil Aviation Safety Authority (CASA) to issue specific instructions for instrument flight rules (IFR) concerning aircraft navigation methods and positive position fixes. This legislative framework aims to maintain the highest safety standards in air navigation by mandating that aircraft must be equipped for navigation and to obtain positive position fixes in accordance with CASA's instructions. The Civil Aviation Regulations 1988 were enacted by the Australian Parliament and aim to provide comprehensive safety standards and procedures for the operation of aircraft within Australian airspace.
Scope and Application
The Civil Aviation Regulations 1988 Instructions for the approved use of P-RNAV procedures apply specifically to Airbus A330-200/300 aircraft operated by Qantas Airways Limited. These instructions are designed to ensure the safe and compliant use of precision area navigation (P-RNAV) procedures, which are only permitted in areas where such procedures are authorised by the air safety authority or air navigation service provider. The operator must adhere to a series of safety standards and procedures outlined in Schedule 2 of the instrument. This includes ensuring that the aircraft’s operations manual and flight manual comply with the standards set in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority, and that the airborne systems installed in the aircraft meet the criteria specified in sections 6 and 7 of the same leaflet, with prior approval from CASA. Furthermore, the training program for flight crew must align with the standards outlined in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must be adequately briefed as per section 10. Qantas Airways is also required to notify CASA within 14 days of ceasing to operate any of the specified aircraft. This instrument, being a disallowable instrument under subregulation 179A(3A) of the Civil Aviation Regulations 1988, is considered a legislative instrument under the Legislative Instruments Act 2003 and is subject to parliamentary disallowance. The instrument, which consolidates and replaces two previous instruments, will be in effect until the end of June 2011.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) contain a specific set of instructions for the approved use of Precision Area Navigation (P-RNAV) procedures by Qantas Airways Limited for specially equipped Airbus A330-200/300 aircraft. Under subregulation 179A(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) can issue these instructions detailing the navigation method and position fixing for Instrument Flight Rules (IFR) flights. Subregulation 179A(2) mandates that pilots must not operate an aircraft under IFR if it is not equipped to comply with the specified instructions. If these instructions are not issued as a Civil Aviation Order (CAO), they must be served on the relevant party or published in NOTAMS or the Aeronautical Information Publication (AIP) as per subregulations 179A(3) and 179A(3A).
The obligations imposed by these instructions on Qantas Airways Limited include strict adherence to safety standards and procedures for P-RNAV operations as outlined in Schedule 2 of the instrument. Qantas must ensure that its operations manual and flight manual align with the requirements for P-RNAV procedures and that these manuals meet the standards set forth in sections 9 and 10 of the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. Additionally, the airborne systems in the aircraft must satisfy the performance and functional criteria specified in sections 6 and 7 of the temporary guidance leaflet and must have CASA approval for P-RNAV use. The training programs for flight crew must comply with the standards mentioned in paragraph 10.5 of the temporary guidance leaflet, and crew members must receive appropriate briefings and guidance material as outlined in section 10 of the leaflet. Qantas is also required to notify CASA in writing within 14 days of ceasing to operate an aircraft listed in Schedule 1.
Failure to comply with these instructions could lead to civil and criminal consequences. Under subregulation 179A(3A) of CAR 1988, instructions not issued as a CAO are considered disallowable instruments, and thus, the instructions are legislative instruments subject to tabling and disallowance in Parliament as per sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Although consultation under section 17 of the LIA was not undertaken, the instrument revokes previous CASA instruments (CASA 416/07 and CASA 72/08) and incorporates new aircraft into a single instrument, with the possibility of similar instruments being issued to other operators meeting the safety conditions. The instrument comes into effect on the day after its registration and remains in force until the end of 30 June 2011.