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 the Aeronautical Information Publication (AIP).
The instrument applies to a number of specially equipped Airbus 330-202 aircraft listed in Schedule 1 (the aircraft) and operated by Jetstar Airways Pty 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 Schedule 3 to the instrument, 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 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 replaces a previous instrument, CASA 71/11, issued to the same operator. It includes new aircraft that CASA has assessed may safely use P-RNAV procedures in accordance with the instrument. A similar instrument would be issued to any appropriate operator who could meet equivalent safety conditions.
Duration
The instrument commences on the day of registration and stops having effect at the end of 30 September 2013.
The instrument has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 419/11]
Overview
The Civil Aviation Regulations 1988, amended by the F2011L01935 instrument, were enacted to address the need for specific instructions governing the use of precision area navigation (P-RNAV) procedures by specially equipped aircraft. This legislation was enacted to ensure the safety of air navigation and is administered by the Civil Aviation Safety Authority (CASA). The primary policy objective is to ensure that aircraft using P-RNAV procedures adhere to stringent safety standards and are equipped appropriately to obtain positive position fixes as required under the Civil Aviation Act 1988. The instrument applies to Airbus 330-202 aircraft operated by Jetstar Airways and mandates compliance with detailed standards and procedures outlined in the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. This includes specific requirements for airborne systems, flight crew training, and operational manuals, all of which must align with CASA's approvals and safety criteria. The instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, although consultation under the Legislative Instruments Act has not been undertaken for this specific case.
Scope and Application
The Civil Aviation Regulations 1988 Instructions for approved use of P-RNAV procedures apply specifically to Airbus 330-202 aircraft listed in Schedule 1, operated by Jetstar Airways Pty Limited. These regulations mandate the procedures and compliance requirements for utilising precision area navigation (P-RNAV) procedures in instrument flight rules (IFR) flights. The instructions specify the method of navigation and obtaining a positive position fix, which must align with the standards outlined in the Joint Aviation Authority's Temporary Guidance Leaflet No. 10, including criteria for airborne systems and crew training. The operator is required to ensure that their operations manual and flight manual conform to these standards, and the flight crew must receive appropriate briefings and guidance. The instrument is a disallowable instrument under subregulation 179A(3A) of the Civil Aviation Regulations 1988 and is subject to the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in Parliament. The instrument came into effect on the date of registration and ceased operation on 30 September 2013.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) contain specific instructions regarding the approved use of precision area navigation (P-RNAV) procedures for certain Airbus 330-202 aircraft operated by Jetstar Airways. Subregulation 179A(1) of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue instructions concerning instrument flight rules (I.F.R.) flights, including navigation methods and obtaining positive position fixes. These instructions are detailed in the instrument issued by CASA and apply to the aircraft listed in Schedule 1 of the instrument.
The operator, Jetstar Airways, is required to adhere to several obligations and requirements outlined in the instrument. Firstly, the aircraft must be equipped for navigation and to obtain positive position fixes in accordance with the instructions (subregulation 179A(2) of CAR 1988). The airborne systems must meet specific performance and functional criteria, as detailed in sections 6 and 7 of the Joint Aviation Authority’s Temporary Guidance Leaflet No. 10, and must be approved by CASA for use with P-RNAV procedures. The operations manual and flight manual of the aircraft must comply with the standards and procedures mentioned in sections 9 and 10 of the Temporary Guidance Leaflet, and the flight crew training program must meet the standards outlined in paragraph 10.5 of the same leaflet. Flight crew members must receive appropriate briefings and guidance material as stipulated in section 10 of the leaflet.
Failure to comply with the instructions can result in various consequences. According to subregulation 179A(3) and (3A) of CAR 1988, instructions not issued in the form of a Civil Aviation Order (CAO) are considered disallowable instruments and must be served on the applicable parties or published in NOTAMS or the Aeronautical Information Publication (AIP). Under the Legislative Instruments Act 2003, these instructions are deemed legislative instruments, subject to tabling and disallowance in Parliament. In addition, subregulation 179A(2) of CAR 1988 stipulates that operating an aircraft under I.F.R. without the required equipment and adherence to instructions is prohibited. The instrument also mandates that Jetstar Airways must notify CASA in writing within 14 days of ceasing to operate the specified aircraft. The instrument is effective from the date of registration until the end of 30 September 2013.