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]
Overview
The Civil Aviation Regulations 1988, specifically the Instructions regarding the use of Global Positioning System (GPS) equipment in aircraft, were enacted to provide updated guidance and procedures for the use of GPS technology in aviation. This legislation was introduced to address the need for clear and effective guidelines in the use of GPS for navigation under both Visual Flight Rules (VFR) and Instrument Flight Rules (IFR). The instrument, CASA 425/08, updates previous instructions and incorporates extensive consultation with experts in the field, including research conducted by Professor Brian O’Keeffe AO, to ensure that the new procedures enhance safety and performance compared to traditional ground-based navigation systems. These instructions are issued by a delegate of the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988 and are subject to parliamentary disallowance as a legislative instrument under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988 Instructions, specifically addressing the use of Global Positioning System (GPS) equipment in aircraft, apply to all aircraft operators within Australia that undertake flights under the Visual Flight Rules (VFR) or Instrument Flight Rules (IFR). These instructions are issued by the Civil Aviation Safety Authority (CASA) and pertain to the mandatory equipment and procedures that must be adhered to when utilising GPS for navigation. The regulations cover the geographical jurisdiction of Australia and extend to any airspace under Australian control. They do not specify exclusions or exemptions explicitly in the text provided, but rather provide a framework that is subject to the overarching Civil Aviation Act 1988 and Civil Aviation Regulations 1988. The instructions are subordinate instruments that extend the application of the primary legislation, ensuring that safety standards are maintained through detailed operational guidelines.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include specific instructions under subregulation 174A(1) and subregulation 179A(1) concerning the use of Global Positioning System (GPS) and other navigation equipment in aircraft. These instructions are designed to ensure safety and compliance with Visual Flight Rules (VFR) and Instrument Flight Rules (IFR). They outline the necessary equipment to be carried on board an aircraft and specify the methods for navigation and obtaining a positive position fix, particularly when utilising GPS technology. These provisions are critical for pilots and aircraft operators to follow to maintain safe and efficient air navigation.
The obligations imposed by these regulations on aircraft operators and pilots are significant. Operators must ensure that their aircraft are equipped with the specified navigation and communication devices, as mandated by the regulations. For VFR flights, these devices must be operational and compliant with the set standards to ensure safe flight under visual conditions. For IFR flights, pilots must adhere to the detailed navigation procedures outlined in the regulations, including the use of GPS for position fixes. Failure to comply with these requirements can result in safety risks and potential non-compliance with aviation laws.
Breaches of these regulations can lead to serious consequences, including both civil and criminal penalties. Under section 40(2) of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) can issue fines for non-compliance. The maximum penalty for an individual can be up to $50,000, while for a corporation, the fine can reach up to $250,000. In more severe cases, where the non-compliance results in serious risk to the safety of air navigation, the penalties can escalate further. These stringent measures are in place to ensure that all parties adhere to the highest safety standards and maintain the integrity of air navigation systems.