Explanatory Statement
Civil Aviation Regulations 1988
Instructions — use of Global Positioning System (GPS)
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to the safety of air navigation.
Under subregulation 174A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions specifying communications and navigation equipment that must be carried on, or installed in, an aircraft before it undertakes a flight under the Visual Flight Rules (V.F.R.). Under subregulation 179A (1) of CAR 1988, CASA may issue instructions in relation to Instrument Flight Rules (I.F.R.), specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
These instructions contain general instructions relating to the use of a Global Positioning System (GPS) and equipment in aircraft. They set out procedures to be followed when GPS is used under different flight conditions.
Legislative Instruments Act
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 under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The instrument is an updated version of a previous instrument of instructions, CASA 404/05. This instrument ceased to have effect at the end of July 2008. There was substantial consultation during the preparation of the previous instrument including reference to the GNSS (Global Navigation Satellite System) planning subgroup of the Australian Strategic ATM (Air Traffic Management) Group. The material for the instrument was developed with research through Professor Brian O’Keeffe AO, to ascertain that the levels of performance and safety for which it provides are better than for current ground based navigation systems.
The instructions have been issued by a delegate of CASA, under regulation 7 of CAR 1988.
[Instrument number CASA 425/08]