Explanatory Statement
Civil Aviation Regulations 1988
Instructions — for approved use of P-RNAV procedures
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 the Bombardier BD-700-1A10 aircraft with nationality and registration marks VH-VDX (the aircraft) operated by Pratt Aviation Pty Ltd (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 3.
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 Authorities (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 the 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
The operator applied for the issue of this instrument. Further consultation under section 17 of the LIA has not been undertaken in this case because the instrument is similar to a number of instruments for other operators and there was initial consultation for those instruments.
The instrument commences on the day after registration and stops having effect at the end of July 2014.
The instrument has been made by a delegate of CASA under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 386/11]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety and regulation of air navigation in Australia. The problem these regulations were introduced to address included the need for comprehensive standards and procedures to guide the operation of aircraft under instrument flight rules (IFR). These regulations were developed under the authority provided by Section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations for the Act and the safety of air navigation. The Civil Aviation Safety Authority (CASA) was tasked with issuing instructions in relation to IFR flights, specifying navigation methods and position fixes, ensuring compliance with established safety standards. The policy objective of these regulations is to maintain the highest safety standards in civil aviation, ensuring that aircraft operations are conducted in a manner that minimises risks to passengers, crew, and the general public.
Scope and Application
The Civil Aviation Regulations 1988 Instructions for approved use of P-RNAV procedures apply specifically to Pratt Aviation Pty Ltd, which operates the Bombardier BD-700-1A10 aircraft with the registration marks VH-VDX. These instructions are integral to ensuring that the aircraft can use precision area navigation (P-RNAV) procedures in accordance with civil aviation safety standards. The instructions mandate that Pratt Aviation must adhere to detailed safety standards and procedures as outlined in Schedule 3, ensuring that their operations comply with both the Civil Aviation Regulations 1988 and the standards set forth by the Joint Aviation Authorities in Temporary Guidance Leaflet No. 10. This includes ensuring that the aircraft's airborne systems meet specified performance and functional criteria approved by the Civil Aviation Safety Authority (CASA) and that the training programs for flight crew are in line with the stipulated guidelines. Additionally, the operator is required to notify CASA within 14 days of ceasing operations of the specified aircraft. This instrument, which is not in the form of a Civil Aviation Order, is a disallowable instrument under the Legislative Instruments Act 2003, thereby necessitating its tabling and potential disallowance in Parliament. The instrument came into effect post-registration and was in force until the end of July 2014, having been issued under the authority of CASA.
Key Provisions
The Civil Aviation Regulations 1988, as amended, include specific instructions regarding the use of precision area navigation (P-RNAV) procedures for the Bombardier BD-700-1A10 aircraft with registration marks VH-VDX operated by Pratt Aviation Pty Ltd. Under subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) can issue instructions that specify the method by which an aircraft must be navigated under instrument flight rules (IFR), including how to obtain a positive position fix. Pratt Aviation is required to adhere to these instructions when operating the aircraft under IFR, as stipulated in subregulation 179A(2) of CAR 1988. These instructions are further detailed in Schedule 3 of the instrument, which outlines the specific safety standards and procedures Pratt Aviation must follow when using P-RNAV procedures.
Pratt Aviation must ensure that the operations manual and flight manual for the aircraft comply with the standards and procedures outlined in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. The airborne systems installed in the aircraft must meet the performance and functional criteria set out in sections 6 and 7 of this temporary guidance leaflet and must be approved by CASA. Additionally, Pratt Aviation must implement a training program for flight crew that meets the standards outlined in paragraph 10.5 of the temporary guidance leaflet, and ensure that all flight crew receive the appropriate briefings and guidance material as specified in section 10 of the leaflet. Pratt Aviation is also required to notify CASA in writing within 14 days of ceasing to operate the aircraft.
The instrument, not being in the form of a Civil Aviation Order (CAO), is a disallowable instrument under subregulation 179A(3) and (3A) of CAR 1988. As such, it is subject to the provisions of the Legislative Instruments Act 2003 (LIA), meaning it must be tabled and is subject to disallowance in Parliament under sections 38 and 42 of the LIA. The instrument was applied for by Pratt Aviation and, given its similarity to previous instruments, further consultation under section 17 of the LIA was deemed unnecessary. The instrument will commence on the day after its registration and will cease to have effect at the end of July 2014. It was made by a delegate of CASA under subregulation 11.260(1) of the Civil Aviation Safety Regulations 1998. Failure to comply with these instructions can result in serious safety implications, and CASA retains the authority to take enforcement actions against Pratt Aviation for any non-compliance.