Explanatory Statement
Civil Aviation Regulations 1988
Instructions — use of Global Positioning System (GPS)
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 174A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions specifying communications and navigation equipment that must be carried on, or installed in, an aircraft before it undertakes a flight under the Visual Flight Rules (VFR). Under subregulation 179A (1) of CAR 1988, CASA may issue instructions in relation to Instrument Flight Rules, specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
Instructions
CASA issued instructions in instrument CASA 608/08 directed to pilots in command of aircraft using a Global Positioning System (GPS) and equipment in aircraft, and set out procedures to be followed when GPS is used under different flight conditions.
GPS may be used as a navigation system in certain areas, flights, instrument approaches and departures and in VFR operations. Instructions are given for using GPS for these purposes in instrument CASA 608/08. This instrument renews CASA 608/08 which expires at the end of October 2010.
Legislative Instruments Act
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 under legislation in force before the commencement of the LIA. The instruction instrument is, therefore, a legislative instrument and it is 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 as consultation took place as part of the process of consultation for the amendment of the Manual of Standards Part 172. This instrument renews a previous instrument, CASA 608/08, which was issued after consultation and no changes have been made to that instrument.
The instrument commences on 1 November 2010 and ceases to have effect at the end of 31 October 2012.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA 366/10]