CASA 345/11 – Instructions – for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988, as amended by F2011L01610, were enacted to address the need for specific instructions regarding the use of precision area navigation (P-RNAV) procedures by specially equipped Boeing 777 aircraft operated by Virgin Australia International Airlines. The Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning the safety of air navigation, and under section 98, the Civil Aviation Safety Authority (CASA) has the authority to issue instructions regarding instrument flight rules (IFR) flights. The policy objective of this instrument is to ensure that the specified aircraft are navigated safely and that positive position fixes are obtained in accordance with prescribed standards and procedures. The instrument, which is a disallowable instrument under the Legislative Instruments Act 2003, requires the operator to adhere to safety standards and procedures detailed in Schedule 2, ensuring compliance with Joint Aviation Authorities’ Temporary Guidance Leaflet No. 10 and CASA's performance certification criteria. The instrument also mandates specific training for flight crew and communication with CASA regarding the cessation of operations involving these aircraft.

Scope and Application

The instrument pertains to specific Boeing 777 aircraft operated by Virgin Australia International Airlines Pty Ltd, trading as V Australia, which must adhere to precision area navigation (P-RNAV) procedures as instructed. This legislative measure is a part of the Civil Aviation Regulations 1988, which is grounded in Section 98 of the Civil Aviation Act 1988 that empowers the Governor-General to enact regulations ensuring aviation safety. The regulations apply nationally, as they are issued by the Civil Aviation Safety Authority (CASA) under the authority of the Commonwealth. The instrument mandates that the aircraft be equipped to navigate and ascertain a positive position fix in compliance with the provided instructions, which are to be strictly followed by the pilot in command during instrument flight rules (I.F.R.) operations. These instructions are subject to disallowance and must be tabled in Parliament as per the Legislative Instruments Act 2003, given their status as disallowable instruments. The instrument does not require consultation as it merely updates the operator's name from Virgin Blue International Airlines Pty Ltd to Virgin Australia International Airlines Pty Ltd. The instrument will be effective from the day after its registration and will cease to have effect at the end of June 2014.

Key Provisions

The primary operative sections of the Civil Aviation Regulations 1988 (CAR 1988) concerning the approved use of Precision Area Navigation (P-RNAV) procedures are outlined in subregulation 179A(1) and (2). Subregulation 179A(1) permits the Civil Aviation Safety Authority (CASA) to issue specific instructions regarding the navigation methods and the methods for obtaining positive position fixes for aircraft flying under instrument flight rules (IFR). Subregulation 179A(2) mandates that pilots must not operate an aircraft under IFR unless it is equipped for navigation and obtaining positive position fixes in accordance with the instructions issued under subregulation 179A(1). Additionally, subregulations 179A(3) and (3A) specify that instructions not issued in the form of a Civil Aviation Order (CAO) must either be served on the relevant person or published in a notice to airmen (NOTAM) or in an aeronautical information publication (AIP). The obligations imposed by the Act on the parties governed by it, specifically Virgin Australia International Airlines Pty Ltd trading as V Australia, are comprehensive and include adherence to detailed safety standards and procedures. The operator must ensure that their operations manual and flight manual comply with the requirements for P-RNAV procedures, aligning with the standards set out in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. The airborne systems installed in the aircraft must meet the performance and functional criteria mentioned in sections 6 and 7 of the temporary guidance leaflet and must be approved by CASA for use with P-RNAV procedures. Furthermore, the training program for flight crew must comply with the training program standards in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance material as stipulated in section 10 of the leaflet. The operator is also required to notify CASA in writing within 14 days of ceasing to operate an aircraft listed in Schedule 1. The Civil Aviation Regulations 1988, through subregulation 179A(3A), declare instructions that are not in the form of a CAO to be disallowable instruments. Under the Legislative Instruments Act 2003 (LIA), these instructions are considered legislative instruments and are subject to tabling and disallowance in the Parliament. Consultation under section 17 of the LIA has not been necessary in this case as the instrument revokes a previous instrument, CASA 31/11, and remakes it to reflect the change of the operator's name. The instrument comes into effect the day after registration and ceases to have effect at the end of June 2014. The instrument was made by a delegate of CASA under subregulation 11.260(1) of the Civil Aviation Safety Regulations 1998. Failure to comply with the regulations can result in significant consequences, including civil or criminal penalties, although the specific penalties are not detailed in the provided text.