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.
Human Rights Compatibility
This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Consultation
Consultation under section 17 of the LIA has not been undertaken. The instrument of instructions will allow Virgin Australia International Airlines Pty Ltd 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 a delegate of CASA under regulation 11.260 of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 45/12]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a comprehensive regulatory framework for civil aviation in Australia, addressing safety and operational standards across the aviation sector. The Act empowers the Governor-General to make regulations relating to the safety of air navigation, and under Section 98 of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) is authorised to issue specific instructions for communications and navigation equipment to be carried on aircraft. These instructions, such as CASA 366/10, are designed to ensure that pilots comply with the necessary equipment standards when flying under Visual Flight Rules (VFR) and Instrument Flight Rules (IFR). The policy objective is to enhance the safety and efficiency of air navigation by ensuring that aircraft are equipped with the appropriate navigation systems and that pilots follow the prescribed procedures, particularly when using technologies such as GPS for navigation.
Scope and Application
The Civil Aviation Regulations 1988, amended by the instructions issued under section 98 of the Civil Aviation Act 1988, apply to aircraft and their pilots operating under Visual Flight Rules (V.F.R.) and Instrument Flight Rules (I.F.R.). These regulations mandate specific communications and navigation equipment to be carried on or installed in aircraft, as outlined in subregulations 174A(1) and 179A(1). The instructions issued by the Civil Aviation Safety Authority (CASA) in instrument CASA 366/10 detail the procedures for using Global Positioning System (GPS) and other equipment under various flight conditions. The regulations have a broad jurisdictional reach across Australia, as they are applicable to all aircraft operating within Australian airspace. The instructions are legislative instruments and are subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The instrument does not engage any human rights issues, making it compatible with human rights. Notably, consultation under the Legislative Instruments Act has not been undertaken for these specific instructions, but they are intended to eventually be incorporated into Part 91U of the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) contain specific provisions concerning the use of primary means navigation systems in aircraft operations. According to subregulation 174A(1), the Civil Aviation Safety Authority (CASA) can issue instructions that specify the communications and navigation equipment necessary for an aircraft before it undertakes a flight under Visual Flight Rules (VFR). Similarly, subregulation 179A(1) allows CASA to issue instructions related to Instrument Flight Rules (IFR), detailing the navigation methods and procedures for obtaining a positive position fix. These instructions are essential for ensuring that pilots have the appropriate equipment and knowledge to navigate safely under different flight conditions.
The obligations imposed by these provisions require aircraft operators and pilots to comply with the specific instructions issued by CASA regarding the use of navigation systems. For VFR flights, aircraft must carry and use the specified communications and navigation equipment. For IFR flights, pilots must adhere to the prescribed methods for navigation and position fixing. These obligations are critical for maintaining the safety and efficiency of air navigation within Australia.
Failure to comply with the instructions issued under the Civil Aviation Regulations 1988 may result in serious consequences. Although specific penalties are not detailed in the explanatory statement, non-compliance with aviation regulations generally can lead to enforcement actions by CASA, which may include fines, suspension or revocation of pilot licenses, and other regulatory penalties. The severity of these consequences underscores the importance of adhering to the mandated procedures and equipment requirements.
The legislative process for these instructions involves the issuance of a disallowable instrument under the Legislative Instruments Act 2003 (LIA). As per subregulations 174A(1C) and 179A(3A) of CAR 1988, these instructions are considered legislative instruments and must be tabled in Parliament and are subject to disallowance. This ensures that there is a level of parliamentary scrutiny over the instructions issued by CASA, maintaining a balance between regulatory flexibility and oversight.
Human rights compatibility is an important aspect of these instructions, and the explanatory statement confirms that the legislative instrument does not engage any applicable rights or freedoms, thus ensuring its compatibility with human rights. Additionally, while consultation under section 17 of the LIA has not been undertaken, the instructions are intended to provide long-term benefits by reducing dependence on ground-based systems, aligning with broader aviation safety and operational efficiency goals.