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 a number of specially equipped Boeing 767-300 aircraft (the aircraft) operated by Qantas Airways Limited (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 2.
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 Authority (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 an 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
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is a re‑issue of a previous instrument. Apart from the addition of new aircraft to the list of aircraft, the instrument is identical to the previous instrument.
Duration
The instrument commences on the day after it is registered and stops having effect at the end of 31 May 2009.
The instrument has been made by a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA 41/08]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation and provide a regulatory framework for civil aviation in Australia. These regulations empower the Governor-General to make rules governing civil aviation, including instrument flight rules, navigation methods, and the requirements for positive position fixes. The problem or gap this legislation addresses is the need for a comprehensive and authoritative legal framework to manage and regulate the complex operations of civil aviation, ensuring safety and efficiency. The instrument in question, which applies to specially equipped Boeing 767-300 aircraft operated by Qantas Airways Limited, aims to provide specific instructions for the use of precision area navigation (P-RNAV) procedures, ensuring these operations comply with stringent safety standards and procedures. The policy objective is to maintain high safety standards in civil aviation by setting precise operational guidelines for advanced navigation procedures.
Scope and Application
The instrument under F2008L00095 pertains specifically to Qantas Airways Limited's operation of certain Boeing 767-300 aircraft that are equipped for precision area navigation (P-RNAV) procedures. These instructions are designed to ensure that the aircraft can be navigated safely and that pilots obtain positive position fixes in compliance with the instrument flight rules. The regulations apply to the named aircraft within Qantas' fleet and are subject to compliance with safety standards and procedures outlined in Schedule 2, which references the Joint Aviation Authority’s Temporary Guidance Leaflet No. 10. The instrument mandates that the aircraft's operations manual and flight manual adhere to these standards and that the airborne systems meet specific performance and functional criteria approved by the Civil Aviation Safety Authority (CASA). Additionally, flight crew must undergo training and receive appropriate briefings and guidance materials as stipulated in the temporary guidance leaflet. The instrument, being a disallowable instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in Parliament. Although consultation under the Legislative Instruments Act has not been undertaken for this reissue, the instrument is effective from the day after its registration until the end of 31 May 2009.
Key Provisions
The primary operative sections of this Civil Aviation Regulation pertain to the approved use of P-RNAV procedures by certain Boeing 767-300 aircraft operated by Qantas Airways Limited. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, including matters related to air navigation safety. Under subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) is authorised to issue instructions regarding instrument flight rules (I.F.R.) flights, specifically detailing navigation methods and the acquisition of positive position fixes. Subregulation 179A(2) further mandates that an aircraft must not be flown under I.F.R. unless it is equipped to comply with these instructions.
The regulations impose a series of obligations and requirements on Qantas Airways Limited. The operator must adhere to the safety standards and procedures outlined in Schedule 2 of the instrument, ensuring these align with the standards specified in Temporary Guidance Leaflet No. 10 by the Joint Aviation Authority. These include compliance with the operations manual and flight manual, which must meet criteria set in sections 9 and 10 of the guidance leaflet. Additionally, airborne systems must meet performance and functional certification criteria mentioned in sections 6 and 7 of the leaflet and must be approved by CASA. The training program for flight crew must comply with standards in paragraph 10.5, and flight crew members must receive appropriate briefings and guidance material as stipulated in section 10 of the leaflet. Qantas must notify CASA in writing within 14 days of ceasing to operate the specified aircraft.
Failure to comply with these regulations can lead to significant consequences. Under subregulation 179A(3A) of CAR 1988, instructions that are not issued as Civil Aviation Orders (CAO) are considered disallowable instruments, subject to tabling and disallowance under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Although consultation under section 17 of the LIA was not undertaken in this case, the instrument is subject to the disallowance process. The instrument comes into effect on the day following its registration and ceases to have effect on 31 May 2009. The instrument has been made by a delegate of CASA, in accordance with subregulation 7(1) of CAR 1988.