Explanatory Statement
Civil Aviation Regulations 1988
Instructions — primary means navigation system
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.
Instructions
CASA issued instructions in instrument CASA 366/10 directed to pilots in command of aircraft using a Global Positioning System (GPS) and equipment in aircraft, and set out procedures to be followed when GPS is used under different flight conditions.
The current GNSS rules allow the use of GPS for primary means navigation under I.F.R. In addition, modern RNP-capable aircraft have in their flight manual provisions that allow the flying on non-precision approaches using RNP capabilities of the aircraft without the specific approach aid being installed in the aircraft.
Legislative Instruments Act
Under subregulations 174A (1C) and 179A (3A) of CAR 1988, a V.F.R. or an I.F.R. flight instruction that is not in the form of a Civil Aviation Order is a disallowable instrument for section 46A of the Acts Interpretation Act 1901.
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 instrument of instructions 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
Consultation under section 17 of the LIA has not been undertaken. The instrument of instructions will allow Virgin Blue Airlines Pty Limited to reduce dependence on ground‑based systems. In the longer term, these instructions will be in Part 91U of the Civil Aviation Safety Regulations 1998.
The instrument has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA 430/10]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulations governing civil aviation in Australia, addressing the need for a robust framework to ensure the safety and efficiency of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations related to the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA). The regulations aim to provide clear guidelines and standards for the aviation industry, ensuring that all operations meet stringent safety and operational criteria. The policy objective of these regulations is to enhance the safety and reliability of air navigation through detailed and specific instructions, particularly in relation to the use of communications and navigation equipment by aircraft operating under Visual Flight Rules (VFR) and Instrument Flight Rules (IFR).
Scope and Application
The Civil Aviation Regulations 1988, as amended by the instrument CASA 366/10, pertain to the safety and operational standards of aircraft within Australia, specifically addressing the equipment and procedures required for navigation under Visual Flight Rules (VFR) and Instrument Flight Rules (IFR). This legislation applies to all pilots in command of aircraft, including commercial and private operators, and encompasses the equipment that must be installed or carried on board an aircraft before undertaking any flight. The regulations extend to the geographic jurisdiction of Australia, ensuring uniform standards are upheld across the country. Notably, these regulations permit the use of Global Positioning System (GPS) for primary means of navigation under IFR, and also allow modern, RNP-capable aircraft to execute non-precision approaches without the need for specific ground-based approach aids, thereby enhancing flexibility and safety in air navigation. The instrument of instructions is a legislative instrument subject to disallowance under the Legislative Instruments Act 2003, although no consultation has been undertaken as per section 17 of the LIA. This instrument, issued by the Acting Director of Aviation Safety on behalf of CASA, aligns with the provisions of the Civil Aviation Act 1988 and is aimed at reducing dependence on ground-based navigation systems, with a view towards integrating these practices into Part 91U of the Civil Aviation Safety Regulations 1998 in the future.
Key Provisions
The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to make regulations concerning the safety of air navigation. Specifically, subregulation 174A(1) allows the Civil Aviation Safety Authority (CASA) to issue instructions regarding the communications and navigation equipment required for aircraft operating under Visual Flight Rules (VFR). Similarly, subregulation 179A(1) permits CASA to issue instructions regarding navigation methods and position-fixing under Instrument Flight Rules (IFR). These instructions are designed to ensure that aircraft are equipped and prepared to navigate safely regardless of the flight conditions.
The obligations imposed by these regulations are primarily on the pilots in command of aircraft. They must ensure that their aircraft are equipped with the specified communications and navigation equipment as per the CASA instructions, such as CASA 366/10. This includes adhering to the outlined procedures when using Global Positioning System (GPS) for navigation under different flight conditions. Additionally, for aircraft equipped with modern capabilities such as RNP (Required Navigation Performance), pilots must follow the flight manual provisions that allow for flying on non-precision approaches without specific approach aids installed in the aircraft.
Failure to comply with the instructions issued under these regulations can result in serious consequences. These instructions, being disallowable instruments under section 46A of the Acts Interpretation Act 1901, and legislative instruments under section 5 of the Legislative Instruments Act 2003, are subject to tabling and disallowance in the Parliament. Although consultation under section 17 of the LIA has not been undertaken, the instrument is still valid and enforceable. Non-compliance could lead to civil or criminal penalties as stipulated in the Civil Aviation Act 1988 and associated regulations, which may include fines and other legal actions. The specific maximum penalties would depend on the nature and severity of the breach.