CASA 440/08 - Instructions - for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988, as amended, introduced the requirement for instructions regarding approved use of Precision Area Navigation (P-RNAV) procedures for specific aircraft. The Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning civil aviation and safety of air navigation. This specific regulation was enacted to address the need for detailed operational standards and procedures for using P-RNAV, ensuring that Airbus 380-800 aircraft operated by Qantas Airways Limited adhere to stringent safety requirements when using such procedures. The instrument was developed under the authority of the Civil Aviation Regulations 1988 and is subject to parliamentary scrutiny under the Legislative Instruments Act 2003. The policy objective is to maintain the highest safety standards in air navigation by ensuring that all operations comply with the relevant safety standards and procedures, particularly when using advanced navigation techniques such as P-RNAV.

Scope and Application

The Civil Aviation Regulations 1988 Instructions, specified for the approved use of P-RNAV procedures, apply specifically to Airbus 380-800 aircraft operated by Qantas Airways Limited. The regulations dictate that the aircraft may only use precision area navigation procedures in areas where such procedures have been authorised by the air safety authority or the air navigation service provider. The operator must adhere to a series of safety standards and procedures outlined in Schedule 2, which are further detailed in the operations manual and flight manual of the aircraft. These manuals must comply with the standards and procedures provided in sections 9 and 10 of the 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 outlined in sections 6 and 7 of the temporary guidance leaflet and must have been approved by the Civil Aviation Safety Authority (CASA) for use with P-RNAV procedures. Additionally, the training program for flight crew utilising P-RNAV procedures must meet the standards detailed in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance materials as stipulated in section 10 of the leaflet. Qantas Airways Limited is required to inform CASA in writing within 14 days of ceasing to operate an aircraft listed in Schedule 1. The instrument, being a disallowable instrument under subregulation 179A(3A) of the Civil Aviation Regulations 1988, is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The instrument commenced on the day after its registration and ceased to have effect by the end of 31 August 2010.

Key Provisions

The main sections of the Civil Aviation Regulations 1988 (CAR 1988) that are relevant to this instrument include subregulation 179A(1) and (2), which permit the Civil Aviation Safety Authority (CASA) to issue instructions concerning Instrument Flight Rules (IFR) flights, including the methods for aircraft navigation and obtaining positive position fixes. These instructions must be followed by the pilot in command, with subregulation 179A(2) stipulating that an aircraft cannot be flown under IFR if it is not equipped as per these instructions. Furthermore, subregulation 179A(3) and (3A) clarify that if these instructions are not issued as a Civil Aviation Order (CAO), they must be served to the relevant person or published in a Notice to Airmen (NOTAM) or an Aeronautical Information Publication (AIP). The obligations imposed on Qantas Airways Limited, as the operator of Airbus 380-800 aircraft, include strict compliance with the safety standards and procedures outlined in Schedule 2 of the instrument. These standards necessitate adherence to the operations manual and flight manual, which must align with the standards in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Airborne systems must meet specific performance and functional criteria as stipulated in sections 6 and 7 of the temporary guidance leaflet and must be approved by CASA. Additionally, the training program for flight crew must conform to the standards in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance material as specified in section 10 of the temporary guidance leaflet. Failure to comply with the provisions of the instrument can lead to significant consequences. According to subregulation 179A(3A) of CAR 1988, instructions not issued as a CAO are considered disallowable instruments under the Legislative Instruments Act 2003 (LIA). This means that such instructions are subject to tabling and disallowance in the Parliament, as outlined in sections 38 and 42 of the LIA. Non-compliance with the safety standards and procedures could result in legal actions or penalties imposed by CASA, which could include fines or other regulatory sanctions. The instrument itself is effective from the day after its registration and remains in force until 31 August 2010.