Explanatory Statement
Civil Aviation Regulations 1988
Instructions — for approved use of P-RNAV procedures – Qantas A330
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) of CAR 1988, 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) of CAR 1988, 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 Airbus A330 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 the form of 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 because this instrument revokes a previous instrument, CASA 529/09, and remakes it by the addition of 3 new aircraft to the list of aircraft in the previous instrument.
The instrument commences on the day after it is registered and stops having effect at the end of 30 September 2012.
The instrument has been made by a delegate of CASA in accordance with subregulation7 (1) of CAR 1988.
[Instrument number CASA 362/10]
Overview
The Civil Aviation Regulations 1988 Instructions—for approved use of P-RNAV procedures – Qantas A330, enacted in 2010, provide specific instructions for Qantas Airways Limited to follow when using precision area navigation (P-RNAV) procedures on specially equipped Airbus A330 aircraft. This instrument was introduced to address the need for detailed operational guidelines that ensure the safe use of P-RNAV procedures in designated airspace. The Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning air navigation safety, and the Civil Aviation Regulations 1988 further delegate authority to the Civil Aviation Safety Authority (CASA) to issue such instructions. The primary policy objective of these instructions is to maintain high safety standards in air navigation by ensuring that aircraft operations comply with stringent regulatory requirements, thus protecting both the aircraft and the public. The instructions mandate adherence to specified safety standards and procedures, ensuring that Qantas's use of P-RNAV aligns with international guidelines and CASA's approvals.
Scope and Application
The Civil Aviation Regulations 1988 Instructions for the approved use of P-RNAV procedures for Qantas A330 aircraft apply specifically to Qantas Airways Limited, which must adhere to detailed operational and safety standards when utilising precision area navigation (P-RNAV) procedures with its specially equipped Airbus A330 aircraft. These instructions are necessitated by subregulation 179A of the Civil Aviation Regulations 1988, which mandates that aircraft flying under instrument flight rules must be equipped for navigation and positive position fixes in accordance with the issued instructions. The instrument specifies that P-RNAV procedures can only be used in areas where they are authorised by the relevant air safety authority or air navigation service provider. Qantas must ensure that their operations manuals and flight manuals comply with standards detailed in Temporary Guidance Leaflet No. 10, and that airborne systems meet the criteria outlined in the leaflet and approved by the Civil Aviation Safety Authority (CASA). Furthermore, the training programs for flight crew and the provision of appropriate briefings and guidance materials must also align with the standards mentioned in the leaflet. This instrument, being a disallowable instrument, is subject to the Legislative Instruments Act 2003 and must be tabled and potentially disallowed by Parliament. The instrument's commencement and cessation dates are specified, and it was made by a delegate of CASA in accordance with the Civil Aviation Regulations 1988.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include specific instructions (subregulation 179A(1)) for Qantas A330 aircraft when using precision area navigation (P-RNAV) procedures. These instructions require the aircraft to comply with certain safety standards and procedures as detailed in Schedule 2 of the instrument. Such procedures are only to be used in locations where they have been authorised by the air safety authority or the air navigation service provider. Furthermore, under subregulation 179A(2) of CAR 1988, pilots must ensure their aircraft is equipped for navigation and capable of obtaining positive position fixes in accordance with these instructions when flying under instrument flight rules (IFR).
The obligations imposed on Qantas Airways Limited, the operator of the aircraft, include adherence to the safety standards and procedures outlined in its operations manual and flight manual. These manuals must align with the standards in sections 9 and 10 of Temporary Guidance Leaflet No. 10, issued by the Joint Aviation Authority. Additionally, the airborne systems must meet the performance and functional criteria specified in sections 6 and 7 of the temporary guidance leaflet and must be approved by the Civil Aviation Safety Authority (CASA) for use with P-RNAV procedures. The flight crew training program must also comply with the standards in paragraph 10.5 of the guidance leaflet, and crew members must receive appropriate briefings and guidance material as detailed in section 10. Qantas is also required to inform CASA in writing within 14 days of ceasing to operate an aircraft listed in Schedule 1.
Under subregulation 179A(3) of CAR 1988, instructions not issued as a Civil Aviation Order (CAO) are considered disallowable instruments and must be served on the applicable person or published in a Notice to Airmen (NOTAM) or in an Aeronautical Information Publication (AIP). These instructions are also subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Any breach of these regulations can lead to civil or criminal penalties, although specific penalties are not outlined in the instrument. It is essential for Qantas and its pilots to strictly adhere to these regulations to ensure the safety of air navigation and comply with the legislative requirements.