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 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 renews instrument CASA 192/07 that expired at the end of June 2008. 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 July 2008 and stops having effect at the end of 31 July 2011.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 333/08]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This regulatory instrument, F2008L02161, was introduced to address the specific need for precision area navigation (P-RNAV) procedures for certain Boeing 747-400 aircraft operated by Qantas Airways Limited. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for air navigation safety, and under Section 98 of the Act, the Civil Aviation Safety Authority (CASA) is authorised to issue instructions regarding instrument flight rules (I.F.R.) flights. The policy objective of this instrument is to ensure that Qantas Airways Limited adheres to stringent safety standards when employing P-RNAV procedures, thereby maintaining high safety standards in air navigation. This regulation is intended to align Qantas' operations with international safety standards, ensuring both domestic and international flights meet required safety benchmarks.
Scope and Application
The Civil Aviation Regulations 1988 Instructions pertain specifically to Qantas Airways Limited, focusing on the approved use of precision area navigation (P-RNAV) procedures by specially equipped Boeing 747-400 aircraft. This instrument outlines the mandatory safety standards and procedures that the operator must adhere to when employing P-RNAV procedures, ensuring compliance with the overarching Civil Aviation Act 1988 and its subsidiary regulations. These procedures can only be used in areas where they have been authorised by the relevant air safety authority or air navigation service provider. The instructions necessitate that Qantas conform to detailed requirements outlined in their operations and flight manuals, which in turn must meet the standards set by the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. Additionally, any airborne systems employed must satisfy specified performance and functional criteria, approved by the Civil Aviation Safety Authority (CASA). Training programs for flight crew must also align with the stipulated standards, ensuring that crew members are adequately briefed and provided with necessary guidance materials.
The instrument is a disallowable instrument under the Legislative Instruments Act 2003, subject to parliamentary scrutiny and disallowance if necessary. Although consultation under the Legislative Instruments Act has not been undertaken for this particular instrument, it serves as a renewal of an expired instrument and was issued following an assessment by CASA of Qantas's capability to safely implement P-RNAV procedures. This instrument is effective from 1 July 2008 until 31 July 2011, and was authorised under subregulation 7(1) of the Civil Aviation Regulations 1988 by a delegate of CASA.
Key Provisions
The primary operative sections of the Civil Aviation Regulations 1988, as referenced in this legislation, are sections 98, 179A, and 6. Section 98 provides the overarching authority for the Governor-General to make regulations for the Act and the safety of air navigation. Subregulation 179A(1) allows the Civil Aviation Safety Authority (CASA) to issue specific instructions regarding instrument flight rules (IFR) flights, including navigation methods and positive position fix procedures. Subregulation 179A(2) mandates that an aircraft must not be flown under IFR unless it is equipped as per these instructions. Additionally, subregulation 179A(3) and (3A) state that if instructions are not issued in the form of a Civil Aviation Order (CAO), they are disallowable instruments and must be served or published in specified aviation notices or publications.
The obligations and requirements imposed by this Act on the parties governed by it, particularly the specified Boeing 747-400 aircraft operated by Qantas Airways Limited, are comprehensive. The operator must adhere to a series of safety standards and procedures detailed in Schedule 2 of the instrument. These include ensuring that the operations manual and flight manual comply with the standards outlined in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Airborne systems must meet the performance and functional criteria specified in sections 6 and 7 of the temporary guidance leaflet and be approved by CASA for use with P-RNAV procedures. Furthermore, the training program for flight crew must align with the standards in paragraph 10.5 of the temporary guidance leaflet, and crew members must receive appropriate briefings and guidance material as specified in section 10 of the leaflet. The operator is also required to notify CASA within 14 days of ceasing to operate an aircraft listed in Schedule 1.
The consequences for non-compliance with this legislation are significant. Subregulation 179A(3A) of the Civil Aviation Regulations 1988 states that instructions not in the form of a CAO are disallowable instruments, subject to the Legislative Instruments Act 2003. Under subparagraph 6(d)(i) of the LIA, these instructions are considered legislative instruments and are thus subject to tabling and disallowance in Parliament. Additionally, the failure to comply with the specified safety standards and procedures could lead to severe civil or criminal penalties, though the exact nature and severity of these penalties are not detailed in the text. It is implied, however, that non-compliance could result in significant regulatory action, including potential grounding of aircraft and other enforcement measures.