CASA 363/10 - Instructions - for approved use of P-RNAV procedures - Qantas A380

Overview

The Civil Aviation Regulations 1988, as updated by the legislative instrument F2010L02622, address the need for specific navigational procedures for certain aircraft, particularly those operated by Qantas Airways Limited. This legislation was enacted to ensure that the Airbus A380 aircraft operated by Qantas, equipped for precision area navigation (P-RNAV), adhere to safety standards when using P-RNAV procedures in designated airspace. The instrument is made under the authority of the Civil Aviation Act 1988 and Civil Aviation Regulations 1988, which empower the Civil Aviation Safety Authority (CASA) to issue such instructions. The policy objective is to maintain high safety standards in air navigation by specifying the methods for navigation and ensuring that aircraft are equipped accordingly. The instrument outlines compliance requirements for Qantas, including adherence to standards and procedures detailed in manuals and training programs, ensuring that both airborne systems and flight crew are adequately prepared for P-RNAV operations. This legislative instrument, being a disallowable instrument, is subject to parliamentary scrutiny under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 Instructions for approved use of P-RNAV procedures by Qantas A380 applies specifically to certain Airbus A380 aircraft operated by Qantas Airways Limited. This regulation mandates that these aircraft can only use precision area navigation (P-RNAV) procedures in areas where such procedures have been authorised by the air safety authority or the air navigation service provider. The regulation requires the operator to adhere to a set of safety standards and procedures outlined in Schedule 2, ensuring that the aircraft's operations manual and flight manual comply with the standards set forth in sections 9 and 10 of the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. Additionally, airborne systems must meet performance certification criteria and functional criteria as stipulated in sections 6 and 7 of the leaflet, and must be approved by CASA for use with P-RNAV procedures. The training program for flight crew must align with the training program standards mentioned in paragraph 10.5 of the temporary guidance leaflet, with flight crew receiving appropriate briefings and guidance material as detailed in section 10 of the leaflet. Furthermore, Qantas must notify CASA in writing within 14 days of ceasing to operate any aircraft listed in Schedule 1. This instrument, being a disallowable instrument under subregulation 179A(3A) of the Civil Aviation Regulations 1988, is also a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The instrument was made by a delegate of CASA in accordance with subregulation 7(1) of the Civil Aviation Regulations 1988.

Key Provisions

The primary sections of the Civil Aviation Regulations 1988 (CAR 1988) that are relevant to the operation of Qantas Airbus A380 aircraft using precision area navigation (P-RNAV) procedures are subregulations 179A(1) to 179A(3A). These subregulations permit the Civil Aviation Safety Authority (CASA) to issue instructions regarding instrument flight rules (IFR) flights, specifying navigation methods and positive position fix acquisition. They also mandate that an aircraft must not be flown under IFR if it is not equipped in accordance with these instructions (subregulation 179A(2)). Furthermore, if the instructions are not issued in the form of a Civil Aviation Order (CAO), they must be served individually or published in notices to airmen (NOTAMs) or aeronautical information publications (AIP) (subregulations 179A(3) and 179A(3A)). These instructions, as outlined in the instrument, apply to specially equipped Airbus A380 aircraft operated by Qantas Airways Limited and detail the specific safety standards and procedures that must be adhered to when using P-RNAV procedures. The obligations imposed by the Act and the accompanying regulations on Qantas Airways Limited include ensuring that the aircraft are equipped for navigation and obtaining positive position fixes in line with the CASA-issued instructions. Qantas must comply with the P-RNAV procedures outlined in its operations manual and flight manual, which must adhere to the standards set out in sections 9 and 10 of the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. Airborne systems must meet performance and functional criteria specified in the temporary guidance leaflet and be approved by CASA. Moreover, Qantas must ensure that its flight crew training programs and briefings are in accordance with the standards for training programs and guidance material outlined in the temporary guidance leaflet. Qantas is also required to notify CASA within 14 days of ceasing to operate an aircraft listed in Schedule 1 of the instrument. There are no explicit offences, penalties, or civil/criminal consequences for breach detailed in the instrument itself; however, the Legislative Instruments Act 2003 (LIA) declares the instrument to be a disallowable instrument, which is a legislative instrument. This means that the instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. The instrument revokes a previous instrument, CASA 681/08, and remakes it by adding three new aircraft to the list, thus consultation under section 17 of the LIA was not undertaken. The instrument will come into effect on the day after its registration and will cease to have effect at the end of 30 September 2012. It was made by a delegate of CASA, in accordance with subregulation 7(1) of CAR 1988.