Explanatory Statement
Civil Aviation Act 1988
Instructions — GLS approach procedures
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 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 the method by which an aircraft is to be navigated when in such flight. CASA has issued instructions for the navigation of certain I.F.R. landing approach flights at Kingsford Smith International Airport, Sydney (KSA) as follows.
Trial of GLS approaches using GBAS
Under subregulation 173.035 (4) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA is taken to be a certified designer of instrument approach procedures including GLS approaches. GLS approaches are aircraft landing approaches in which appropriately equipped aircraft use the Global Navigation Satellite System, augmented by a local ground-based augmentation system (GBAS). The GBAS transmits navigation and GPS correction data to the aircraft.
CASA has delegated its design powers to Airservices Australia (AA). Under this delegation, AA designs new GLS approach procedures for KSA which use the Honeywell Beta+ GBAS facility installed at KSA (the KSA GBAS).
The Boeing Company and the Federal Aviation Administration of the United States of America have demonstrated to CASA’s satisfaction GLS operational capability using Boeing 737-800 aircraft and GBAS ground installations similar to that which will be used at KSA. Although the Honeywell Beta+ installation at KSA is a more advanced version of the GBAS installations used in the demonstrations, it does not meet all of the International Civil Aviation Organization (ICAO) requirements. A fully ICAO-compliant GBAS is not yet available anywhere in the world, and the trial of the KSA GBAS, subject to safety conditions, will assist in the development of a fully ICAO-compliant GBAS.
In the interests of safety, therefore, CASA has issued previous instruments to enable the GLS approaches at KSA to undergo a suitable trial in association with the KSA GBAS. Qantas Airways Limited (Qantas) had proposed such a trial. Qantas had taken delivery of a number of Boeing 737-800 aircraft that are equipped with certified GLS-capable receivers and the operator wished to gain GLS operational experience, conduct crew training and demonstrate the capability of the GLS approaches.
Instructions
Previous instrument CASA 399/06 expired at the end of October 2007 and this instrument has been issued to extend the operation. It is in the same terms as CASA 399/06 except for new instructions relating to the use of autoland, referred to in the next paragraph.
The instrument applies only to GLS approaches at KSA. It instructs the pilot in command of an aircraft to use the KSA GBAS. It instructs the pilot that he or she may only conduct a GLS approach below the lowest safe altitude on the relevant air traffic control chart if the ceiling is at least 3 000 feet and the flight crew has the runway threshold in sight. It instructs the pilot to use the GBAS only in accordance with the Qantas trial. New instructions relating to the conduct of GLS approaches using autoland require such approaches to be conducted under visual meteorological conditions, using the procedures that apply to operations under the I.F.R.
Conditions
The conditions of the trial require that GLS approaches may only be conducted by specially trained Qantas pilots in Boeing 737-800 aircraft. The aircraft must be equipped with approved and serviceable GLS receivers identified in the flight manual. A GLS approach must be in accordance with the Qantas Operations Manual approved by CASA and as in force at the date of the instrument. Qantas must make regular incident reports to CASA. Qantas must also provide the flight crew and other relevant personnel with incident and feedback forms and encourage their uninhibited completion and submission for the reports to CASA. CASA must be immediately informed of any matter related to the safety of a GLS approach. GLS approaches must not be used for alternate aerodrome planning or in land and hold short operations.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares that instructions not in the form of a Civil Aviation Order are 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
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is a renewal of an instrument that ceased to have effect at the end of October 2007. The renewal has been requested by Qantas to enable the continuation of trial of GLS approaches at KSA in accordance with the Qantas proposal.
The instrument commences on 1 November 2007 and stops having effect at the end of 31 October 2008.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 388/07]
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations. The Act empowers the Governor-General to make regulations relating to the safety of air navigation, with the Civil Aviation Safety Authority (CASA) acting as the regulator under the Act. In extending the trial of Ground-Based Augmentation System (GBAS) approaches at Sydney's Kingsford Smith International Airport, the Act facilitates the integration of advanced navigation technologies to enhance safety and operational efficiency. The instructions issued under the Act by CASA aim to provide clear guidelines for the use of GBAS in Instrument Flight Rules (IFR) landing approaches, enabling Qantas to gain operational experience and train crew, ultimately contributing to the global development of fully compliant GBAS systems.
Scope and Application
The Civil Aviation Regulations 1988 provide the regulatory framework for the safety of air navigation in Australia, allowing the Civil Aviation Safety Authority (CASA) to issue instructions pertaining to Instrument Flight Rules (IFR) flights. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, including those related to the safety of air navigation, with CASA being the entity empowered to issue such instructions. In relation to the trial of GNSS Landing System (GLS) approach procedures at Kingsford Smith International Airport in Sydney, CASA has issued specific instructions that apply to these particular approaches. The instructions mandate that only specially trained Qantas pilots in Boeing 737-800 aircraft equipped with approved GLS receivers can conduct these approaches. The trial is subject to stringent conditions, such as visual meteorological conditions, specific altitude and visibility requirements, and adherence to Qantas's Operations Manual. Qantas is also required to submit regular incident reports to CASA and ensure all relevant personnel complete and submit feedback forms. Additionally, any safety-related matters must be immediately reported to CASA, and GLS approaches cannot be used for alternate aerodrome planning or in land and hold short operations. The instructions are considered a legislative instrument under the Legislative Instruments Act 2003 and are subject to disallowance in Parliament. This instrument is a renewal of a previous one that expired at the end of October 2007, requested by Qantas to continue the trial, and it is in effect from 1 November 2007 to 31 October 2008.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as outlined in the Explanatory Statement, focus on the regulations and instructions governing the trial of Ground-Based Augmentation System (GBAS) approaches using Global Navigation Satellite System (GLS) for Instrument Flight Rules (I.F.R.) flights at Kingsford Smith International Airport, Sydney (KSA). Under section 98 of the Act, the Governor-General may make regulations for the Act and in relation to the safety of air navigation (section 98). Specifically, subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to issue instructions specifying the method by which an aircraft is to be navigated during I.F.R. flights (subregulation 179A(1)). In this instance, CASA has issued instructions for GLS approaches at KSA, which are designed to be conducted using the Honeywell Beta+ GBAS facility installed at the airport (subregulation 173.035(4) of the Civil Aviation Safety Regulations 1998 (CASR 1998)).
The obligations and requirements imposed by the Act and the regulations on the parties involved are stringent and safety-focused. CASA has delegated its design powers to Airservices Australia (AA) for the creation of new GLS approach procedures, which must comply with Qantas’ trial proposal. The Boeing Company and the Federal Aviation Administration of the United States of America have already demonstrated GLS operational capability using similar GBAS installations. Qantas, as the operator conducting the trial, must ensure that GLS approaches are performed by specially trained pilots using Boeing 737-800 aircraft equipped with approved and serviceable GLS receivers. The trial must adhere to the Qantas Operations Manual, which has been approved by CASA and is in force at the date of the instrument. Qantas must also submit regular incident reports to CASA and provide feedback forms to the flight crew and other relevant personnel, encouraging their uninhibited completion and submission.
The Act and the regulations impose specific offences, penalties, or civil/criminal consequences for any breach of the provisions outlined. Instructions not in the form of a Civil Aviation Order are considered disallowable instruments under subregulation 179A(3A) of CAR 1988, and are thus legislative instruments subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). While the specific penalties for breaches are not detailed in the Explanatory Statement, the critical nature of the safety measures and the stringent requirements suggest that any non-compliance could lead to severe consequences, including potential grounding of aircraft and legal action against Qantas and CASA. The trial, as detailed, is strictly governed to ensure that all operations meet the highest safety standards and contribute to the development of fully ICAO-compliant GBAS systems.