Explanatory Statement
Civil Aviation Regulations 1988
Instructions — GLS approach procedures
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.) flights specifying the method by which an aircraft is to be navigated when in such flight. CASA has issued instructions for the navigation of certain I.F.R. landing approach flights at Kingsford Smith International Airport, Sydney (KSA) as follows.
Trial of GLS approaches using GBAS
Under subregulation 173.035 (4) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA is taken to be a certified designer of instrument approach procedures, including GLS approaches. GLS approaches are aircraft landing approaches in which appropriately equipped aircraft use the Global Navigation Satellite System, augmented by a local ground-based augmentation system (GBAS). The GBAS transmits navigation and GPS correction data to the aircraft.
CASA has delegated its design powers to Airservices Australia (AA). Under this delegation, AA designs new GLS approach procedures for KSA which use the Honeywell Beta+ GBAS facility installed at KSA (the KSA GBAS).
The Boeing Company and the Federal Aviation Administration of the United States of America have demonstrated to CASA’s satisfaction GLS operational capability using Boeing 737-800 aircraft and GBAS ground installations similar to that which will be used at KSA. Although the Honeywell Beta+ installation at KSA is a more advanced version of the GBAS installations used in the demonstrations, it does not meet all of the International Civil Aviation Organization (ICAO) requirements. A fully ICAO-compliant GBAS is not yet available anywhere in the world, and the trial of the KSA GBAS, subject to safety conditions, will assist in the development of a fully ICAO-compliant GBAS.
In the interests of safety, therefore, CASA has issued previous instruments to enable the GLS approaches at KSA to undergo a suitable trial in association with the KSA GBAS. Qantas Airways Limited (Qantas) had proposed such a trial. Qantas had taken delivery of a number of Boeing 737-800 aircraft that are equipped with certified GLS-capable receivers and the operator wished to gain GLS operational experience, conduct crew training and demonstrate the capability of the GLS approaches.
Instructions
The instrument applies only to GLS approaches at KSA. It instructs the pilot in command of an aircraft to use the KSA GBAS. It instructs the pilot that he or she may only conduct a GLS approach below the lowest safe altitude on the relevant radar terrain clearance chart if the ceiling is at least 3 000 feet and the flight crew has the runway threshold in sight. It instructs the pilot to use the GBAS only in accordance with the Qantas trial. The instructions relating to the conduct of GLS approaches using autoland require such approaches to be conducted under visual meteorological conditions, using the procedures that apply to operations under the I.F.R.
Conditions
The conditions of the trial require that GLS approaches may only be conducted by specially trained Qantas pilots in Boeing 737-800 aircraft. The aircraft must be equipped with approved and serviceable GLS receivers identified in the flight manual. A GLS approach must be in accordance with the Qantas Operations Manual approved by CASA and as in force at the date of the instrument. Qantas must make regular incident reports to CASA. Qantas must also provide the flight crew and other relevant personnel with incident and feedback forms and encourage their uninhibited completion and submission for the reports to CASA. CASA must be immediately informed of any matter related to the safety of a GLS approach. GLS approaches must not be used for alternate aerodrome planning or in land and hold short operations.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares that instructions not in the form of a Civil Aviation Order are 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 is a renewal of instrument CASA 478/09 that ceases to have effect at the end of 31 July 2011. The renewal has been requested by Qantas to enable the continuation of the trial of GLS approaches at KSA in accordance with the Qantas proposal.
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 336/11]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation within Australian airspace. The regulations provide a comprehensive framework for governing civil aviation activities, including the establishment of standards for aircraft operations, pilot qualifications, and air traffic control procedures. The Civil Aviation Regulations 1988 are administered by the Civil Aviation Safety Authority (CASA) and are subject to oversight by the Australian Parliament. One of the key policy objectives of the Civil Aviation Regulations 1988 is to ensure the highest level of safety in all aspects of civil aviation, including the development and implementation of advanced navigation systems such as the Ground-Based Augmentation System (GBAS) used in GNSS Landing System (GLS) approaches. In 2011, CASA issued instructions for the navigation of certain Instrument Flight Rules (IFR) landing approach flights at Kingsford Smith International Airport, Sydney, using GLS approaches with the KSA GBAS. The instructions were issued to facilitate a trial of GLS approaches at the airport, in association with the KSA GBAS, and were subject to specific conditions to ensure the safety of the trial. The trial was conducted by Qantas Airways Limited using specially trained pilots in Boeing 737-800 aircraft equipped with certified GLS-capable receivers.
Scope and Application
The Civil Aviation Regulations 1988, as amended by instructions issued under section 98 of the Civil Aviation Act 1988, pertain to the navigation of Instrument Flight Rules (I.F.R.) flights, specifically the trial of Ground-based Localiser System (GLS) approaches using Ground-Based Augmentation System (GBAS) at Kingsford Smith International Airport, Sydney. The regulations apply to GLS approaches at this airport and specifically mandate the use of the KSA GBAS by the pilot in command of an aircraft, subject to certain conditions. These conditions include the necessity for the aircraft to be equipped with certified GLS-capable receivers, the requirement for specially trained Qantas pilots to conduct the GLS approaches, and the stipulation that such approaches must be in accordance with the Qantas Operations Manual approved by the Civil Aviation Safety Authority (CASA) and in force at the time of the instrument. The trial is limited to the use of Boeing 737-800 aircraft and must adhere to visual meteorological conditions and procedures under the I.F.R. The instrument is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. It represents a renewal of a previous instrument, CASA 478/09, and is in effect from 1 August 2011 until 31 July 2014.
Key Provisions
The Civil Aviation Regulations 1988 provide a framework for the regulation of civil aviation in Australia, and under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the Act and in relation to the safety of air navigation. The Civil Aviation (Trial of GLS Approaches Using GBAS) Instrument 2011 pertains to Instrument Flight Rules (IFR) flights at Kingsford Smith International Airport, Sydney (KSA), detailing the navigation methods for certain IFR landing approach flights. The instrument specifies the use of Ground-Based Augmentation System (GBAS) for Global Navigation Satellite System (GNSS) approaches, as per subregulation 179A(1) of the Civil Aviation Regulations 1988. The Civil Aviation Safety Authority (CASA) has delegated its design powers to Airservices Australia (AA) for designing new GNSS Approach with Lateral Navigation (GLS) approach procedures for KSA, utilising the Honeywell Beta+ GBAS facility installed at the airport. This delegation is in line with subregulation 173.035(4) of the Civil Aviation Safety Regulations 1998. Qantas Airways Limited has proposed a trial of these GLS approaches, which is permitted under the instrument.
The obligations imposed by the instrument on the parties it governs are stringent. Pilots conducting GLS approaches must be specially trained Qantas pilots flying Boeing 737-800 aircraft equipped with approved and serviceable GLS receivers. The aircraft must be configured in accordance with the Qantas Operations Manual, which must be approved by CASA and in force on the date of the instrument. Qantas is required to make regular incident reports to CASA, provide incident and feedback forms to flight crew and other relevant personnel, and encourage their uninhibited completion and submission. CASA must be immediately informed of any safety-related matters. Additionally, GLS approaches cannot be used for alternate aerodrome planning or in land and hold short operations. The instrument also declares that GLS approaches can only be conducted under visual meteorological conditions and when the flight crew has the runway threshold in sight.
The instrument carries specific consequences for breaches of its provisions. Non-compliance with the conditions specified in the instrument could lead to safety risks, given the experimental nature of the GLS approach procedures. As a legislative instrument, the instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. While consultation under section 17 of the LIA has not been undertaken in this instance, the instrument is a renewal of instrument CASA 478/09, which was set to cease on 31 July 2011. The renewal was requested by Qantas to allow the continuation of the trial. The instrument comes into effect on 1 August 2011 and remains in effect until the end of 31 July 2014.