CASA 349/10 – Instructions – for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988, as amended, include provisions that allow the Civil Aviation Safety Authority (CASA) to issue instructions regarding Instrument Flight Rules (I.F.R.) flights, including methods of aircraft navigation and obtaining positive position fixes. Specifically, subregulation 179A(1) empowers CASA to issue such instructions, which must be followed by the pilot in command of an aircraft, as per subregulation 179A(2). This regulatory framework ensures that aircraft are equipped and operated in accordance with established safety standards, with non-compliant instructions being disallowable instruments under subregulations 179A(3) and 179A(3A). This legislative instrument, F2010L02565, targets the Gulfstream IV-SP aircraft operated by Garuda Aviation Pty Ltd, providing specific instructions for the approved use of precision area navigation (P-RNAV) procedures. These instructions mandate compliance with safety standards and procedures outlined in Schedule 3, ensuring that the aircraft’s operations align with both CASA’s and the Joint Aviation Authority’s guidelines. The instrument is a legislative instrument subject to parliamentary disallowance under the Legislative Instruments Act 2003, although no consultation was undertaken due to the similarity of these requirements to those already in place for other operators.

Scope and Application

The instrument issued under section 98 of the Civil Aviation Act 1988 applies specifically to the Gulfstream IV-SP aircraft, with the nationality and registration marks VH-OSW, operated by Garuda Aviation Pty Ltd. This instrument provides detailed instructions for the approved use of precision area navigation (P-RNAV) procedures, ensuring that these are only employed in locations where such procedures have been authorised by the air safety authority or air navigation service provider. The operator is mandated to adhere to safety standards and procedures outlined in Schedule 3, which are further elaborated in the operations manual and flight manual of the aircraft. These manuals must align with the standards and procedures detailed in sections 9 and 10 of Temporary Guidance Leaflet No. 10 by the Joint Aviation Authority. Additionally, the airborne systems installed in the aircraft must meet specific performance and functional criteria and must be approved by CASA for use with P-RNAV procedures. The training program for flight crew must also comply with the standards for training programs as specified in paragraph 10.5 of the temporary guidance leaflet, with flight crew members receiving appropriate briefings and guidance material as outlined in section 10 of the leaflet. Garuda Aviation Pty Ltd is required to inform CASA in writing within 14 days of ceasing to operate the specified aircraft. The instrument, being a disallowable instrument under subregulation 179A(3A) of the Civil Aviation Regulations 1988, is also a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. Despite this, consultation under section 17 of the Legislative Instruments Act 2003 was not undertaken as the instrument mirrors those issued to other operators with similar requirements for P-RNAV operations. The instrument will remain in effect from the day after its registration until the end of 31 August 2012.

Key Provisions

The Civil Aviation Regulations 1988 include specific instructions for the approved use of P-RNAV procedures, which are detailed in section 179A(1) (CAR 1988). These instructions pertain to the Gulfstream IV-SP aircraft operated by Garuda Aviation Pty Ltd and require compliance with a set of safety standards and procedures outlined in Schedule 3. Pilots must not fly under Instrument Flight Rules (I.F.R.) if their aircraft is not equipped to navigate and obtain positive position fixes according to these instructions, as stipulated in section 179A(2) (CAR 1988). Furthermore, any instructions not issued as Civil Aviation Orders (CAO) are considered disallowable instruments and must either be served individually or published, as stated in sections 179A(3) and 179A(3A) (CAR 1988). The obligations imposed by these regulations require Garuda Aviation Pty Ltd to adhere to stringent standards and procedures for the use of P-RNAV procedures. This includes ensuring that all airborne systems installed in the aircraft meet the performance and functional criteria set out in the temporary guidance leaflet issued by the Joint Aviation Authority, and that these systems have been approved by CASA. Additionally, the operator must ensure that its operations manual and flight manual comply with the standards mentioned in sections 9 and 10 of the temporary guidance leaflet, and that the training program for flight crew aligns with the standards outlined in paragraph 10.5 of the same leaflet. Flight crew members must receive appropriate briefings and guidance material as specified in section 10 of the temporary guidance leaflet. Failure to comply with the instructions outlined in the instrument may lead to significant consequences. Under the Legislative Instruments Act 2003 (LIA), the instrument is classified as a legislative instrument and is subject to tabling and disallowance in Parliament, as per sections 38 and 42 of the LIA. The maximum penalties for non-compliance are not explicitly stated in the text, but they could potentially include fines and other civil or criminal sanctions, depending on the severity of the breach and the specific regulations involved. It is crucial for the operator to ensure full compliance to avoid these potential penalties.