CASA 371/06 - Instructions - for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988, as amended by the instrument F2006L03353, introduces specific instructions for the approved use of precision area navigation (P-RNAV) procedures by specially equipped Boeing 747-400 aircraft operated by Qantas Airways Limited. Enacted under the authority of the Civil Aviation Act 1988, this regulation aims to ensure that P-RNAV procedures are safely implemented in designated areas, thereby enhancing air navigation safety and efficiency. The Australian Parliament, through the Civil Aviation Authority of Australia (CASA), has established these regulations to address any gaps in the safety standards and procedures necessary for the use of P-RNAV by Qantas's specified aircraft. The overarching policy objective is to maintain stringent safety protocols while accommodating the advanced navigation capabilities of these aircraft.

Scope and Application

The Civil Aviation Regulations 1988 Instructions, specified under subregulation 179A(1) of the Civil Aviation Regulations 1988, apply specifically to Boeing 747-400 aircraft operated by Qantas Airways Limited that are specially equipped for the use of precision area navigation (P-RNAV) procedures. The instrument mandates that these aircraft can only fly under instrument flight rules if they are equipped and comply with the navigation and position-fixing methods outlined in the instructions. Furthermore, the pilot in command must ensure adherence to these procedures, which are subject to detailed safety standards and requirements outlined in Schedule 2. These standards mandate that the aircraft's operations manuals and flight manuals align with the criteria set in the Joint Aviation Authority's Temporary Guidance Leaflet No. 10 concerning airworthiness and operational approval for P-RNAV operations in designated European airspace. The airborne systems must meet specific performance and functional criteria, and flight crew must undergo training and receive appropriate briefings in line with the guidance leaflet's standards. The instrument, not being a Civil Aviation Order, is classified as a disallowable instrument under the Legislative Instruments Act 2003 and is subject to parliamentary disallowance. Notably, while consultation under the Legislative Instruments Act was not undertaken, the instrument was issued based on a specific assessment by the Civil Aviation Safety Authority (CASA) deeming Qantas Airways Limited suitable for using P-RNAV procedures. The instrument is effective from the day after its registration and remains in force until the end of June 2007. This targeted approach ensures that only operators meeting the stringent safety conditions can utilise P-RNAV procedures, thereby enhancing aviation safety.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide specific instructions for Qantas Airways Limited regarding the approved use of precision area navigation (P-RNAV) procedures on certain Boeing 747-400 aircraft. Under subregulation 179A(1) of CAR 1988, these instructions detail the method by which the aircraft must be navigated and how a positive position fix is to be obtained, among other things. As per subregulation 179A(2), the pilot in command must not fly the aircraft under instrument flight rules (IFR) if it is not equipped for navigation and to obtain positive position fixes in accordance with these instructions. The regulations further specify in subregulations 179A(3) and (3A) that if these instructions are not issued in the form of a Civil Aviation Order (CAO), they must be either served on the person to whom they apply or published in a notice to aviators (NOTAMS) or in an aeronautical information publication (AIP). The obligations imposed on Qantas Airways Limited are extensive and cover various aspects of operating P-RNAV procedures. The operator must ensure that its operations manual and flight manual comply with the requirements for P-RNAV procedures, which must align with the standards and procedures outlined in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Additionally, the 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 the Civil Aviation Safety Authority (CASA) for use with P-RNAV procedures. The training program for flight crew using P-RNAV procedures must also comply with the standards for training programs mentioned in paragraph 10.5 of the temporary guidance leaflet. Flight crew members must receive appropriate briefings and guidance material as outlined in section 10 of the temporary guidance leaflet. Moreover, the operator is required to inform CASA in writing not later than 14 days after ceasing to be the operator of an aircraft mentioned in Schedule 1. Any breach of the requirements outlined in the Civil Aviation Regulations 1988 may lead to significant legal consequences. Under subregulation 179A(3A) of CAR 1988, instructions that are not in the form of a CAO are considered disallowable instruments and thus subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. Failure to comply with the specified instructions for P-RNAV procedures could potentially result in fines or other penalties, as determined by CASA or the relevant court. The exact penalties for non-compliance are not detailed in the provided text but could include financial penalties, suspension or revocation of operational approvals, and other enforcement actions deemed necessary to ensure compliance with safety regulations.