CASA 447/11 - Instructions - for approved use of P-RNAV procedures - Qantas A380

Overview

The Civil Aviation Regulations 1988 were enacted by the Australian Government to ensure the safety of air navigation and to provide a comprehensive regulatory framework governing all aspects of civil aviation in Australia. The problem or gap this legislation was introduced to address includes the need for stringent safety standards and consistent procedures for instrument flight rules (I.F.R.) to prevent accidents and ensure the safety of all passengers and crew. This regulatory framework was enacted by the Australian Parliament and is administered by the Civil Aviation Safety Authority (CASA), under the authority granted by the Civil Aviation Act 1988. The policy objective of these regulations is to maintain and enhance the safety of air navigation by specifying detailed requirements for aircraft navigation and position fixing, as well as ensuring that all relevant personnel are adequately trained and informed about the necessary procedures and standards. The regulations also address the need for continuous oversight and updates to accommodate technological advancements and emerging safety concerns.

Scope and Application

The Civil Aviation Regulations 1988 Instructions regarding the approved use of P-RNAV procedures for Qantas A380 aircraft apply specifically to Airbus 380-800 aircraft operated by Qantas Airways Limited. This legislation is designed to ensure the safe implementation of precision area navigation (P-RNAV) procedures, which can only be used in locations where such procedures are authorised by the air safety authority or the air navigation service provider. Qantas must adhere to a series of safety standards and procedures outlined in Schedule 2, ensuring that the aircraft's operations manual and flight manual comply with the standards in the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. Additionally, the airborne systems installed on these aircraft must meet the performance and functional criteria set out in the temporary guidance leaflet and must be approved by the Civil Aviation Safety Authority (CASA) for use with P-RNAV procedures. Flight crew must also complete a training program that complies with the standards set forth in the temporary guidance leaflet and receive appropriate briefings and guidance material. CASA 447/11, the legislative instrument in question, is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, as it is classified as a disallowable instrument. This instrument revokes and remakes a previous instrument, CASA 363/10, with the addition of two new aircraft to the list of approved aircraft. The instrument comes into effect the day after its registration and ceases to have effect at the end of 31 October 2013.

Key Provisions

The primary sections of the instrument, specifically subregulations 179A(1) and 179A(2) of the Civil Aviation Regulations 1988 (CAR 1988), mandate that Qantas Airways Limited must adhere to specific instructions when employing precision area navigation (P-RNAV) procedures for its specially equipped Airbus 380-800 aircraft. Under subregulation 179A(1), these instructions detail the method of navigation and the process for obtaining a positive position fix. Subregulation 179A(2) then stipulates that an aircraft cannot be flown under instrument flight rules (IFR) if it is not equipped to navigate and obtain such positive position fixes in line with these instructions. The obligations imposed on Qantas Airways Limited under the instrument are comprehensive. Firstly, the operator must ensure that all P-RNAV procedures are used only in areas where such procedures are authorised by the air safety authority or the air navigation service provider. Furthermore, the operator is required to strictly follow the safety standards and procedures outlined in Schedule 2 of the instrument. This includes ensuring that the aircraft's operations manual and flight manual comply with the standards set forth in sections 9 and 10 of Temporary Guidance Leaflet No. 10, issued by the Joint Aviation Authorities. Additionally, the airborne systems installed in the aircraft must meet the performance and functional criteria specified in sections 6 and 7 of the temporary guidance leaflet, and these systems must have been approved by the Civil Aviation Safety Authority (CASA) for use with P-RNAV procedures. The training program for flight crew must also comply with the training program standards mentioned in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance material as outlined in section 10 of the leaflet. In the event of a breach of the regulations, there are significant consequences. Subregulation 179A(3) and 179A(3A) of CAR 1988 declare that any instruction not issued in the form of a Civil Aviation Order (CAO) is a disallowable instrument. Such instruments must be either served on the person to whom they apply or published in a notice to airmen (NOTAMS) or an aeronautical information publication (AIP). Moreover, under subparagraph 6(d)(i) of the Legislative Instruments Act 2003, these instructions are considered a legislative instrument, thereby subject to tabling and disallowance in the Parliament as per sections 38 and 42 of the Act. Non-compliance with these regulations could result in civil or criminal penalties, although the specific maximum penalties are not detailed within the text provided.