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 aviators (NOTAMS) or in an aeronautical information publication (AIP).
The instrument applies to a number of specially equipped Airbus 330-202 aircraft (the aircraft) 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 is in the same terms as an instrument issued to another operator (CASA 192/07). It was requested by, and issued for, an operator whom 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 after it is registered and stops having effect at the end of 31 August 2010.
The instructions have been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 422/08]
Overview
The Civil Aviation Regulations 1988, amended in 2008 with the legislative instrument F2008L03049, were enacted to address the need for detailed instructions on the approved use of Precision Area Navigation (P-RNAV) procedures for specific aircraft operated by Jetstar Airways. This instrument was issued by the Civil Aviation Safety Authority (CASA) under the authority provided by Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. The policy objective behind these regulations is to ensure that the use of P-RNAV procedures by specially equipped Airbus 330-202 aircraft adheres to stringent safety standards, thereby maintaining the integrity and safety of instrument flight rules (IFR) flights. The instrument details specific requirements for the aircraft’s operational manuals, flight crew training, and airborne systems, all of which must comply with standards set by the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. Additionally, the instrument mandates that CASA be notified if the operator ceases to use the specified aircraft for P-RNAV procedures.
Scope and Application
The instrument issued under the Civil Aviation Act 1988 applies specifically to Jetstar Airways Pty Limited and its specially equipped Airbus 330-202 aircraft, which are permitted to use precision area navigation (P-RNAV) procedures. The Civil Aviation Safety Authority (CASA) has issued instructions that the operator must adhere to when using P-RNAV procedures, ensuring that these procedures are only used in locations where they are authorized by the air safety authority or the air navigation service provider. The operator must comply with the requirements outlined in their operations and flight manuals, which must align with the standards and procedures detailed in Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. The airborne systems installed in the aircraft must meet the performance and functional criteria set out in the temporary guidance leaflet and must be approved by CASA for use with P-RNAV procedures. Additionally, the training program for flight crew must comply with the standards mentioned in the temporary guidance leaflet, and flight crew must receive appropriate briefings and guidance material. The operator is also required to notify CASA in writing within 14 days of ceasing to operate an aircraft specified in Schedule 1. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The instrument was issued without consultation under the Legislative Instruments Act, as it mirrors a previous instrument issued to another operator deemed capable of safely using P-RNAV procedures. The instrument is effective from the day after its registration and ceases to have effect at the end of 31 August 2010.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) contain several operative sections that are relevant to the approved use of Precision Area Navigation (P-RNAV) procedures by Jetstar Airways Pty Limited. Under subregulation 179A(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) can issue instructions specifying how aircraft are to be navigated under instrument flight rules (IFR) and how to obtain positive position fixes. Subregulation 179A(2) mandates that an aircraft must not be flown under IFR unless it is equipped and capable of navigation and obtaining positive position fixes as per the issued instructions. Additionally, subregulations 179A(3) and 179A(3A) state that instructions not in the form of a Civil Aviation Order (CAO) must be served on the relevant parties or published in notices to aviators (NOTAMS) or aeronautical information publications (AIP), and they are considered disallowable instruments.
The obligations imposed by these regulations are multifaceted. Jetstar Airways must ensure that its Airbus 330-202 aircraft are equipped with airborne systems that meet CASA-approved performance and functional criteria, as detailed in sections 6 and 7 of the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. Furthermore, the operation manuals and flight manuals must comply with the standards and procedures outlined in sections 9 and 10 of this guidance leaflet. The training programs for flight crew using P-RNAV procedures must adhere to the standards in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance material, as set out in section 10. Additionally, Jetstar Airways must notify CASA in writing within 14 days of ceasing operations with the specified aircraft.
Failure to comply with these instructions can lead to various consequences. The Legislative Instruments Act 2003 (LIA) classifies these instructions as disallowable instruments, meaning they are subject to tabling and disallowance in Parliament. This classification also makes them legislative instruments under the LIA. Although consultation under section 17 of the LIA was not undertaken, the instrument follows a previously issued instrument (CASA 192/07) and is deemed safe for use by Jetstar Airways based on CASA's assessment. The instrument remains in effect until the end of 31 August 2010, from the day after it is registered. It is important to note that any breach of these regulations can lead to civil or criminal penalties as determined by the applicable aviation laws.