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]
Overview
The Civil Aviation Act 1988, enacted to ensure the safety and efficiency of civil aviation in Australia, establishes the framework within which the Civil Aviation Safety Authority (CASA) can issue regulations and instructions for air navigation. The Act empowers CASA to make rules and issue instructions to ensure the safety of aviation operations, as outlined in section 98. The Civil Aviation Regulations 1988 further delegate specific powers to CASA, allowing it to issue instructions regarding Instrument Flight Rules (I.F.R.) flights, as stated in subregulation 179A. In the spirit of advancing aviation safety and technology, CASA has authorised a trial for GNSS Landing System (GLS) approach procedures using Ground-Based Augmentation System (GBAS) at Sydney Airport. This trial, conducted in collaboration with Qantas Airways Ltd, seeks to evaluate the operational capabilities of GLS approaches, which utilise the Global Navigation Satellite System augmented by GBAS. The trial is subject to stringent safety conditions, ensuring that only specially trained pilots in Boeing 737-800 aircraft equipped with approved GLS receivers can conduct the approaches. The trial aims to gather data for the development of a fully ICAO-compliant GBAS system, contributing to the overall enhancement of aviation safety standards.
Scope and Application
The Civil Aviation (GLS Approach Procedures) Instrument 2006 (F2006L03603) outlines specific instructions for the navigation of Instrument Flight Rules (I.F.R.) flights when conducting Ground-based Localiser (GLS) approach procedures using Ground-based Augmentation System (GBAS) at Kingsford Smith Aerodrome, Sydney (KSA). This legislation applies exclusively to GLS approaches at KSA and mandates that these approaches can only be executed by Qantas pilots who have been specially trained and are operating Boeing 737-800 aircraft equipped with approved and serviceable GLS receivers. The instructions are intended to ensure that the trial of these GLS approaches is conducted in a controlled manner, adhering to the specific proposal submitted by Qantas to the Civil Aviation Safety Authority (CASA) and any additional safety conditions imposed by CASA. Furthermore, the instrument stipulates that GLS approaches should only be conducted under certain weather conditions and visibility requirements, and prohibits their use for alternate aerodrome planning or in land and hold short operations. The instrument is subject to the Legislative Instruments Act 2003, meaning it is a disallowable instrument and must be tabled and potentially disallowed in the Parliament. The instrument was issued as a renewal of a previous instrument that expired in October 2006, allowing the continuation of the GLS approach trial at KSA as per Qantas' proposal.
Key Provisions
The main operative sections of this legislation pertain to the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Safety Regulations 1998 (CASR 1998). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act and in relation to the safety of air navigation. Subregulation 179A(1) of the CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to issue instructions for the navigation of Instrument Flight Rules (I.F.R.) flights. The specific instructions here relate to GLS approach procedures using the Global Navigation Satellite System (GNSS) augmented by a Ground Based Augmentation System (GBAS) at Kingsford Smith Aerodrome (KSA), Sydney Airport. These instructions specify how aircraft are to be navigated during GLS approaches, outlining conditions under which such approaches can be conducted.
The obligations and requirements imposed by this Act on the parties involved, primarily Qantas Airways Ltd, are stringent and designed to ensure safety. Qantas must conduct the trial using specially trained pilots operating Boeing 737-800 aircraft equipped with certified GLS-capable receivers. The pilots must adhere to the Qantas operations manual approved by CASA, and CASA must be permitted to attend GLS approach simulator training and actual flights. Qantas must also make regular incident reports to CASA, provide feedback forms to flight crew and other relevant personnel, and encourage their completion and submission. Any matters related to the safety of a GLS approach must be immediately reported to CASA. Additionally, GLS approaches cannot be used for alternate aerodrome planning or in land and hold short operations.
Offences and penalties for breach of the conditions outlined in these instructions are not explicitly stated in the provided text. However, the importance of safety and compliance is underscored by the requirement for immediate reporting of safety-related matters to CASA and the regulatory oversight provided by CASA’s attendance at training and actual flights. Failure to comply with these conditions could result in serious safety implications, potentially leading to regulatory action by CASA. The legislative instrument itself is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, providing a formal mechanism for oversight and accountability. The renewal of the instrument is also subject to these legislative processes, ensuring that the trial remains within the bounds of regulatory approval and safety requirements.