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 Boeing 747-400 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 Authorities (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 renews instrument CASA 333/08 that expires at the end of July 2011. It was requested by, and issued for, a particular operator whom CASA has assessed may safely use P-RNAV procedures in accordance with the instrument. A similar instrument would be issued to any appropriate operator who could meet equivalent safety conditions.
The instrument commences on 1 August 2011 and stops having effect at the end of 31 July 2014.
The instrument has been made by a delegate of CASA under regulation 11.260 of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 330/11]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a comprehensive legal framework governing civil aviation in Australia, ensuring the safety and efficiency of air navigation. This regulatory framework allows the Governor-General to make regulations concerning the safety of air navigation and other related matters, as provided under Section 98 of the Civil Aviation Act 1988. The Australian Parliament, as the enacting body, aimed to establish a robust system of air navigation safety and operational standards through these regulations. The instrument in question, which provides instructions for the approved use of P-RNAV procedures by Qantas Airways Limited for specially equipped Boeing 747-400 aircraft, is an example of how these regulations are applied to ensure compliance with specific safety standards and procedures. The instrument, issued under the authority of the Civil Aviation Safety Authority (CASA), mandates adherence to standards outlined in Temporary Guidance Leaflet No. 10 and other relevant criteria to maintain the highest safety standards in air navigation.
Scope and Application
The instrument in question is a set of instructions issued by the Civil Aviation Safety Authority (CASA) to Qantas Airways Limited for the approved use of precision area navigation (P-RNAV) procedures in specially equipped Boeing 747-400 aircraft. This instrument is applicable specifically to the operator and the aircraft identified in Schedule 1, ensuring that the procedures are conducted in compliance with the Civil Aviation Regulations 1988. The instructions are designed to enhance the safety of air navigation by setting out detailed safety standards and procedures that must be adhered to when operating under instrument flight rules (IFR). These include requirements for compliance with the standards and procedures outlined in Qantas' operations and flight manuals, which must align with the standards in the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. Furthermore, the airborne systems used must meet specific certification criteria and functional requirements approved by CASA. The flight crew must also undergo training and receive briefings in accordance with the temporary guidance leaflet. Additionally, the instrument is a legislative instrument subject to the provisions of the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in Parliament. The instrument is effective from 1 August 2011 until 31 July 2014, with CASA retaining the authority to issue similar instruments to other operators meeting the required safety conditions.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) provide a framework for the regulation of civil aviation in Australia, including the issuance of specific instructions for certain operations. Subregulation 179A(1) (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to issue instructions concerning instrument flight rules (IFR) flights, including the methods of navigation and how to obtain a positive position fix. Under subregulation 179A(2) (CAR 1988), pilots must adhere to these instructions when flying under IFR, ensuring their aircraft is equipped accordingly. If an instruction is not issued in the form of a Civil Aviation Order (CAO), it is considered a disallowable instrument and must be served on the applicable person or published in a Notice to Airmen (NOTAM) or an Aeronautical Information Publication (AIP) as per subregulations 179A(3) and 179A(3A) (CAR 1988).
The instrument issued by CASA applies specifically to Boeing 747-400 aircraft operated by Qantas Airways Limited, outlining the approved use of precision area navigation (P-RNAV) procedures. The operator is required to follow the safety standards and procedures detailed in Schedule 2 of the instrument, ensuring compliance with the P-RNAV requirements mentioned in their operations and flight manuals. These manuals must align with the standards and procedures in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. Airborne systems used for P-RNAV must meet the performance and functional criteria specified in sections 6 and 7 of the temporary guidance leaflet and must be approved by CASA. The training program for flight crew using P-RNAV procedures 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 temporary guidance leaflet.
Failure to comply with the instructions and safety standards set out in the instrument may result in serious safety and regulatory consequences. Under subregulation 179A(3A) (CAR 1988), the instructions are considered a disallowable instrument under the Legislative Instruments Act 2003 (LIA). This means the instrument is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. The instrument is also subject to the requirements of the LIA, although consultation under section 17 of the LIA has not been undertaken in this case. The instrument renews CASA 333/08, which expires at the end of July 2011, and it was issued to Qantas Airways Limited, which CASA has assessed as capable of safely using P-RNAV procedures in accordance with the instrument. The instrument commences on 1 August 2011 and will cease to have effect at the end of 31 July 2014. It was made by a delegate of CASA under regulation 11.260 of the Civil Aviation Safety Regulations 1998.