CASA 461/11 - Instructions - for approved use of P-RNAV procedures - Execujet Australia Pty Limited

Overview

The Civil Aviation Regulations 1988, as amended by F2011L02368, address the need for specific instructions for the approved use of Precision Area Navigation (P-RNAV) procedures by Execujet Australia Pty Limited for their Canadair CL 600-2B16 (CL 604) aircraft registered as VH-VRE. Enacted under the authority of the Civil Aviation Act 1988, this instrument was designed to ensure that the safety and efficiency of air navigation are maintained by providing clear guidelines for the use of P-RNAV procedures. The instrument aims to enhance aviation safety by ensuring that the operator complies with detailed safety standards and procedures, including adherence to the standards set out in the Joint Aviation Authorities’ Temporary Guidance Leaflet No. 10. This approach ensures that the aircraft's navigation systems meet stringent performance and functional criteria and that flight crew are adequately trained and briefed on the use of P-RNAV procedures. The instrument is subject to tabling and disallowance in Parliament, reflecting its legislative significance.

Scope and Application

The Civil Aviation Regulations 1988 Instructions for approved use of P-RNAV procedures by Execujet Australia Pty Limited apply specifically to Canadair CL 600-2B16 (CL 604) aircraft with nationality and registration marks VH-VRE operated by the aforementioned entity. These instructions are designed to ensure compliance with precision area navigation (P-RNAV) procedures, which can only be used in locations where such procedures have been authorised by the relevant air safety authority or air navigation service provider. The regulations are grounded in section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to enact regulations for the Act and the safety of air navigation, and are further detailed under subregulations 179A(1) to 179A(3A) of the Civil Aviation Regulations 1988. The operator is mandated to adhere to safety standards and procedures outlined in Schedule 3, ensuring that their operations manual and flight manual align with the standards mentioned in sections 9 and 10 of the Joint Aviation Authorities' Temporary Guidance Leaflet No. 10. The airborne systems must meet the performance and functional criteria specified in sections 6 and 7 of the temporary guidance leaflet, and must be approved by the Civil Aviation Safety Authority (CASA) for use with P-RNAV procedures. Furthermore, the training program for flight crew and the requisite briefings and guidance material must comply with the standards stipulated in paragraphs 10.5 and 10 of the temporary guidance leaflet respectively. The instrument is subject to the Legislative Instruments Act 2003, which classifies it as a disallowable instrument and thus subject to tabling and disallowance in Parliament. This instrument does not require additional consultation as it mirrors similar instruments issued to other operators, with initial consultation having already taken place for those. The instrument's effectuate is scheduled to commence on the day after its registration and will cease to have effect at the end of 31 October 2014.

Key Provisions

The Civil Aviation Regulations 1988, under subregulation 179A(1), empower the Civil Aviation Safety Authority (CASA) to issue instructions concerning instrument flight rules (IFR) flights, which include the methods of aircraft navigation and obtaining positive position fixes. Specifically, the instrument in question, F2011L02368, pertains to Execujet Australia Pty Limited’s use of Precision Area Navigation (P-RNAV) procedures with their Canadair CL 600-2B16 (CL 604) aircraft registered as VH-VRE. This instrument mandates that the operator must adhere to safety standards and procedures outlined in Schedule 3, ensuring that P-RNAV procedures are only used in areas where they are authorised by the appropriate air safety or navigation service authorities. The obligations imposed on the operator by the Civil Aviation Regulations 1988 and the specific instrument include compliance with the detailed requirements set forth in their operations manual and flight manual, which must conform to the standards specified in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. The airborne systems installed on the aircraft must meet the stringent performance and functional criteria outlined in sections 6 and 7 of the temporary guidance leaflet and must be approved by CASA for P-RNAV use. Additionally, the training program for flight crew must align with the standards for training programs mentioned in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance material as detailed in section 10 of the leaflet. The operator is also required to notify CASA in writing within 14 days of ceasing to operate the specified aircraft. In terms of consequences for non-compliance, subregulation 179A(2) of the Civil Aviation Regulations 1988 stipulates that pilots must not operate an aircraft under IFR unless it is equipped for navigation and obtaining positive position fixes in accordance with the relevant instructions. The Legislative Instruments Act 2003, under subparagraph 6(d)(i), classifies the instructions as a legislative instrument, subject to tabling and disallowance in Parliament. Failure to comply with these regulations can result in severe civil or criminal penalties, although specific penalties are not detailed in the instrument itself. The instrument is effective from the day after registration and ceases to have effect on 31 October 2014, unless otherwise amended or extended.