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 purposes of 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 Sydney Airport 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) and under this delegation, AA designs new GLS approach procedures for Kingsford Smith Aerodrome, Sydney (KSA) which use the Honeywell Beta+ GBAS facility installed at KSA (the KSA GBAS).
The Boeing Company and the FAA have demonstrated to CASA’s satisfaction GLS operational capability using B737-800 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 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 wishes the particular GLS approaches at KSA to undergo a suitable trial in association with the KSA GBAS. Qantas Airways Ltd (Qantas) has proposed such a trial. Qantas has taken delivery of a number of Boeing B737-800 aircraft that are equipped with certified GLS-capable receivers and the operator wishes to gain GLS operational experience, conduct crew training and demonstrate the capability of the GLS approaches.
Instructions
The instrument enables the trial to take place in controlled circumstances by issuing instructions on how an aircraft is to be navigated in I.F.R. flight for the purposes of a GLS approach using GBAS.
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. It defines the Qantas trial as that which is documented in the specific Qantas proposal to CASA and which also complies with further conditions imposed by CASA for safety purposes.
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. CASA must be permitted to attend GLS approach simulator training and actual flights. 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 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 2006. 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 the day after it is registered and stops having effect at the end of 31 October 2007.
The instrument has been made by the Acting Deputy Chief Executive and Chief Operating Officer, a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 399/06]