Explanatory Statement
Civil Aviation Regulations 1988
Instructions – for approved use of P-RNAV procedures – Sundown Pastoral Co Pty Ltd
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 179A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions in relation to instrument flight rules (I.F.R.) flights specifying, among other things, the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
Under subregulation 179A (2) of CAR 1988, the pilot in command of an aircraft must not fly it under the I.F.R. if it is not equipped for navigation and to obtain positive position fixes in accordance with instructions issued under subregulation 179A (1).
Under subregulations 179A (3) and (3A) of CAR 1988, if an instruction is not issued in the form of a Civil Aviation Order (CAO), it is a disallowable instrument and must be either served on the person to whom it applies or published in a notice to airmen (NOTAMS) or in an aeronautical information publication (AIP).
Instructions
The instrument applies to Hawker Beech 900XP aircraft with nationality and registration marks VH-EVF (the aircraft) operated by Sundown Pastoral Co Pty Ltd (the operator). It contains instructions which the operator must follow if using precision area navigation (P-RNAV) procedures. P-RNAV may only be used in a place where P‑RNAV procedures are authorised by the air safety authority or air navigation service provider for the place.
Under the instrument, the operator is instructed to comply with a series of safety standards and procedures set out in Schedule 3.
Standards and procedures
The operator must comply with the requirements for P-RNAV procedures mentioned in its operations manual and flight manual. These manuals must comply with the standards and procedures mentioned in sections 9 and 10 of Temporary Guidance Leaflet No. 10 (Airworthiness and Operational Approval for Precision RNAV Operations in Designated European Airspace) issued by the Joint Aviation Authorities (the temporary guidance leaflet).
Airborne systems installed in the aircraft must meet the performance certification criteria and functional criteria mentioned in sections 6 and 7 of the temporary guidance leaflet and must have been approved by CASA for use with P-RNAV procedures.
The training program for flight crew using P-RNAV procedures must comply with the standards for training programs mentioned in paragraph 10.5 of the temporary guidance leaflet. Flight crew members must have received appropriate briefings and guidance material as set out in section 10 of the temporary guidance leaflet. The operator must tell CASA in writing not later than 14 days after ceasing to be the operator of an aircraft mentioned in Schedule 1.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares instructions that are not in the form of a CAO to be a disallowable instrument. 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 in legislation in force before the commencement of the LIA. The instructions are, therefore, a legislative instrument and are 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 in this case because the instrument is similar to a number of instruments issued to other operators and there was initial consultation for those instruments.
The instrument commences on the day after registration and stops having effect at the end of 31 October 2014.
The instrument has been made by a delegate of CASA under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 462/11]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety and efficiency of air navigation in Australia, include provisions allowing for the issuance of specific instructions regarding instrument flight rules (I.F.R.). One such instrument, F2011L02367, was introduced to provide detailed guidance to Sundown Pastoral Co Pty Ltd for the approved use of precision area navigation (P-RNAV) procedures in their Hawker Beech 900XP aircraft registered as VH-EVF. This instrument was issued under the authority granted by Section 98 of the Civil Aviation Act 1988, with the primary policy objective being the enhancement of aviation safety. The Civil Aviation Safety Authority (CASA), as the regulatory body, issued these instructions to ensure compliance with stringent safety standards and procedures, as outlined in relevant guidance documents and manuals, to maintain the integrity and safety of air navigation. The instrument specifies that P-RNAV may only be used in designated areas and mandates adherence to detailed operational and technical standards to mitigate any risks associated with such advanced navigation procedures.
Scope and Application
The Civil Aviation Regulations 1988 Instructions for approved use of P-RNAV procedures specifically apply to the Hawker Beech 900XP aircraft with the registration mark VH-EVF, operated by Sundown Pastoral Co Pty Ltd. This instrument provides detailed instructions for the operator to follow when employing precision area navigation (P-RNAV) procedures, ensuring compliance with established safety standards and operational protocols. These procedures are only permitted in locations where they are authorised by the relevant air safety authority or air navigation service provider. The operator must adhere to the P-RNAV requirements outlined in their operations manual and flight manual, which must align with the standards detailed in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. Additionally, airborne systems installed in the aircraft must meet specific performance and functional criteria outlined in the temporary guidance leaflet and be approved by the Civil Aviation Safety Authority (CASA) for P-RNAV operations.
The instrument also mandates that the operator's training programs for flight crew using P-RNAV procedures comply with the training standards mentioned in paragraph 10.5 of the temporary guidance leaflet. Flight crew members must receive appropriate briefings and guidance material as specified in section 10 of the leaflet. Furthermore, the operator is required to notify CASA in writing within 14 days of ceasing to operate the aircraft mentioned in Schedule 1. As per the Legislative Instruments Act 2003, the instructions constitute a legislative instrument and are subject to tabling and disallowance in the Parliament. The instrument is made by a delegate of CASA under subregulation 11.260(1) of the Civil Aviation Safety Regulations 1998 and will commence on the day after registration, ceasing to have effect at the end of 31 October 2014.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to the instructions issued to Sundown Pastoral Co Pty Ltd (the operator) for the approved use of P-RNAV procedures for the Hawker Beech 900XP aircraft (VH-EVF) are subregulations 179A(1) to 179A(3A). Subregulation 179A(1) empowers the Civil Aviation Safety Authority (CASA) to issue instructions regarding instrument flight rules (I.F.R.) flights, including the method of navigation and obtaining positive position fixes. Subregulation 179A(2) mandates that the pilot in command must not fly the aircraft under I.F.R. unless it is equipped for navigation and obtaining positive position fixes in accordance with the issued instructions. Subregulation 179A(3) and (3A) detail the requirements for issuing and serving these instructions, stating that they must be either served on the applicable person or published in a notice to airmen (NOTAMS) or an aeronautical information publication (AIP), and that instructions not issued in the form of a Civil Aviation Order (CAO) are disallowable instruments.
The obligations and requirements imposed on Sundown Pastoral Co Pty Ltd under the Act are comprehensive and pertain to the safe use of P-RNAV procedures. The operator must ensure that the aircraft complies with the safety standards and procedures outlined in Schedule 3 of the instrument. This includes adhering to the requirements detailed in its operations manual and flight manual, which must be consistent with 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 certification and functional criteria mentioned in sections 6 and 7 of the temporary guidance leaflet and must be approved by CASA for use with P-RNAV procedures. The training program for flight crew using P-RNAV procedures must comply with the standards specified 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. The operator is also required to notify CASA in writing within 14 days of ceasing to operate the aircraft mentioned in Schedule 1.
The consequences for non-compliance with the provisions of the instrument are significant. Subregulation 179A(2) of CAR 1988 explicitly states that the pilot in command must not fly the aircraft under I.F.R. if it is not equipped for navigation and to obtain positive position fixes in accordance with the issued instructions. Failure to comply with this requirement could result in severe penalties, including potential criminal charges. Furthermore, subregulation 179A(3A) of CAR 1988 declares that instructions not in the form of a CAO are disallowable instruments under the Legislative Instruments Act 2003 (LIA). As such, these instructions are legislative instruments and are subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA, which may lead to additional legal consequences if not adhered to properly.