CASA 392/06 - Instructions – for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988 were amended in 2006 to include instructions for the approved use of precision area navigation (P-RNAV) procedures by specially equipped Airbus 330-200/300 aircraft operated by Qantas Airways Limited. The instrument was introduced to ensure the safe use of P-RNAV procedures by Qantas, addressing the need for specific guidelines for this technology. Enacted by the Civil Aviation Safety Authority (CASA), an agency of the Australian Government, the instrument aims to maintain the highest safety standards in air navigation by specifying the requirements for P-RNAV procedures, including compliance with standards outlined in the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. The instrument, which is a legislative instrument under the Legislative Instruments Act 2003, applies to Qantas's use of P-RNAV procedures and sets out detailed safety standards and procedures that must be adhered to, ensuring that both the aircraft and flight crew are appropriately equipped and trained for these operations.

Scope and Application

The instrument, which is an instruction under the Civil Aviation Regulations 1988, applies specifically to specially equipped Airbus 330-200/300 aircraft operated by Qantas Airways Limited. These instructions are necessary for the approved use of precision area navigation (P-RNAV) procedures, which can only be used in locations where such procedures are authorised by the relevant air safety authority or air navigation service provider. The instruction mandates that the operator adhere to a series of safety standards and procedures detailed in Schedule 2, ensuring compliance with the requirements outlined in the operations manual and flight manual. These manuals must conform to the standards and procedures specified in the relevant sections of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority, concerning airworthiness and operational approval for Precision RNAV operations in designated European airspace. Additionally, the airborne systems installed in the aircraft must meet the performance and functional criteria outlined in the temporary guidance leaflet and must be approved by the Civil Aviation Safety Authority (CASA) for use with P-RNAV procedures. The instruction also specifies that the training program for flight crew must align with the standards for training programs mentioned in the temporary guidance leaflet, and that flight crew members must receive appropriate briefings and guidance material as set out in the document. Qantas Airways Limited is required to notify CASA in writing within 14 days of ceasing to operate any aircraft specified in Schedule 1.

Key Provisions

The main operative sections of this legislation include subregulations 179A(1) and 179A(2) of the Civil Aviation Regulations 1988 (CAR 1988), which permit the issuance of instructions concerning instrument flight rules (IFR) and require pilots to comply with these instructions. Subregulations 179A(3) and 179A(3A) further detail how such instructions must be communicated and their status as disallowable instruments. This particular instrument provides specific instructions for Qantas Airways Limited regarding the approved use of precision area navigation (P-RNAV) procedures on specially equipped Airbus 330-200/300 aircraft. The operator must adhere to a series of safety standards and procedures outlined in Schedule 2, ensuring compliance with the operations manual, flight manual, and training program standards as specified in the temporary guidance leaflet. The obligations imposed by this legislation on the parties it governs are comprehensive and multi-faceted. Firstly, Qantas Airways Limited must ensure that all Airbus 330-200/300 aircraft intended for P-RNAV operations are appropriately equipped and certified by the Civil Aviation Safety Authority (CASA). This includes compliance with the standards and procedures set forth in the operations manual and flight manual, as well as adherence to the training program standards and functional criteria for airborne systems. Flight crew members must receive appropriate briefings and guidance material, and CASA must be notified in writing within 14 days of ceasing to operate the specified aircraft. The instructions themselves must be followed meticulously, ensuring that P-RNAV procedures are only used in places where they are authorised by the relevant authorities. The Civil Aviation Regulations 1988, under subregulation 179A(3A), and the Legislative Instruments Act 2003 outline the potential consequences for non-compliance. Should Qantas Airways Limited or any other party fail to comply with the specified instructions, they may be subject to both civil and criminal penalties. Although the specific maximum penalties are not detailed in the provided text, it is clear that non-compliance could lead to disallowance of the instrument in Parliament, rendering the instructions null and void. Additionally, operating an aircraft under IFR without the necessary equipment and compliance with the instructions could result in severe civil penalties, including fines and potential criminal charges for endangering aviation safety. This instrument, being a disallowable instrument as per subregulation 179A(3A) of CAR 1988 and subparagraph 6(d)(i) of the Legislative Instruments Act 2003, is subject to the scrutiny of the Parliament. It must be tabled and can be disallowed, although in this case, consultation as per section 17 of the LIA was not undertaken because it was issued for a specific operator assessed by CASA. The duration of this instrument is limited, commencing on the day after its registration and expiring at the end of September 2007. The exemption was made by a delegate of CASA under subregulation 7(1) of CAR 1988, highlighting the regulatory oversight and approval process inherent in such specialised operations.