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]
Overview
The Civil Aviation Regulations 1988, as updated with instructions on the use of the Global Positioning System (GPS) under instrument CASA 608/08, address the need for clear guidelines and safety standards for the use of GPS in aviation, particularly in Visual Flight Rules (VFR) and Instrument Flight Rules (IFR) operations. This legislation was enacted to ensure that pilots using GPS in their aircraft adhere to stringent safety protocols and to clarify the operational parameters under which GPS can be used. The problem it addresses is the requirement for precise and up-to-date navigational procedures to maintain air safety as technology advances. The instrument was introduced by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988, and it serves to renew previous instructions that had already undergone consultation and were found to be effective. The overarching policy objective is to ensure that the use of GPS in aviation remains safe and compliant with regulatory standards.
Scope and Application
The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, empowers the Governor-General to make regulations concerning the safety of air navigation. Specifically, subregulation 174A(1) allows the Civil Aviation Safety Authority (CASA) to issue instructions regarding the 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). Similarly, subregulation 179A(1) enables CASA to issue instructions pertaining to Instrument Flight Rules, specifying navigation methods and procedures for obtaining a positive position fix. CASA 608/08, which has been renewed in CASA 366/10, provides detailed instructions to pilots in command of aircraft on the use of Global Positioning System (GPS) equipment under various flight conditions, including VFR operations, instrument approaches, and departures. This instrument, being a legislative instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in Parliament. Although consultation under the Legislative Instruments Act was not undertaken separately for this instrument as it renews a previous instrument issued after consultation, it comes into effect on 1 November 2010 and will cease at the end of 31 October 2012.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) set forth specific requirements and procedures for the use of Global Positioning System (GPS) equipment in aircraft, as detailed in instrument CASA 608/08 issued by CASA. Under subregulation 174A(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) has the authority to issue instructions regarding the communications and navigation equipment that must be on board or installed in an aircraft before it embarks on a flight under Visual Flight Rules (VFR). Similarly, under subregulation 179A(1) of CAR 1988, CASA can issue instructions concerning Instrument Flight Rules, specifying the navigation methods and procedures for obtaining a positive position fix. These instructions are intended to ensure the safe use of GPS in various flight conditions, including VFR operations, instrument approaches, departures, and specific areas where GPS can be employed for navigation purposes.
The obligations imposed by these regulations and instructions on the parties they govern, particularly the pilots in command of aircraft, are significant. Pilots must adhere to the specified procedures for using GPS equipment, ensuring that it is used in compliance with the detailed guidelines provided in instrument CASA 608/08. This includes following the correct protocols for GPS navigation in different flight conditions and ensuring that all necessary equipment is properly installed and operational before any flight. Failure to comply with these obligations could potentially compromise the safety of the flight and the aircraft's navigation capabilities.
In terms of legal consequences, any breach of these regulations or the associated instructions can result in both civil and criminal penalties. Although specific penalties are not detailed in the explanatory statement, violations of civil aviation regulations can generally lead to fines, licence suspensions, or revocations for pilots. Additionally, severe breaches that result in accidents or endanger safety can lead to criminal charges, including imprisonment. The maximum penalties would depend on the specific nature and severity of the breach, as outlined in the Civil Aviation Act 1988 and other relevant aviation legislation. It is crucial for all parties involved to fully understand and comply with these regulations to avoid such serious consequences.