CASA 468/10 – Instructions – for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988, specifically under Section 98, empowers the Governor-General to enact regulations for the Act and the safety of air navigation. These regulations include the ability of the Civil Aviation Safety Authority (CASA) to issue instructions for Instrument Flight Rules (IFR) flights, outlining navigation methods and positive position fix requirements. The 1988 Act was enacted to address the need for comprehensive safety and operational standards in civil aviation, ensuring the protection of airspace and the public. The authority to issue instructions and subsequent safety protocols are derived from subregulation 179A of the Civil Aviation Regulations 1988, establishing a framework for ensuring compliance among operators and pilots. This legislative instrument aims to maintain high safety standards for the operation of aircraft in Australian airspace.

Scope and Application

The instrument, F2010L03127, pertains specifically to the Bombardier GLEX aircraft VH-TGG operated by Gandel Investments Pty Ltd, providing detailed instructions on the approved use of precision area navigation (P-RNAV) procedures. The legislation applies to the aircraft operator, requiring compliance with a specific set of safety standards and procedures outlined in Schedule 3. These standards and procedures are derived from the operations manual and flight manual of the operator, which must adhere to the standards mentioned in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Additionally, the airborne systems installed in the aircraft must meet the performance and functional criteria set forth in sections 6 and 7 of the temporary guidance leaflet and be approved by CASA for use with P-RNAV procedures. The flight crew must also comply with the training program standards specified in paragraph 10.5 of the temporary guidance leaflet and receive appropriate briefings and guidance material as mentioned in section 10 of the leaflet. The instrument is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament. Although consultation under section 17 of the LIA was not undertaken in this case due to the similarity of the requirements to those applied to other operators, the instrument is effective from the day after its registration and ceases to have effect by the end of November 2012.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) and specifically the instrument issued under subregulation 179A(1) provide that Gandel Investments Pty Ltd, the operator of the Bombardier GLEX aircraft VH-TGG, must adhere to certain procedures if they choose to employ precision area navigation (P-RNAV) methods. These instructions are tailored for the use of P-RNAV procedures and detail the safety standards and procedures the operator must follow, as outlined in Schedule 3 of the instrument. The P-RNAV procedures can only be used in locations where they are authorised by the relevant air safety authority or air navigation service provider. The operator is required to ensure that their operations manual and flight manual include the necessary requirements for P-RNAV procedures. These manuals must align with the standards and procedures set forth in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. The airborne systems installed on the aircraft must meet the performance and functional certification criteria specified in sections 6 and 7 of the temporary guidance leaflet and must have received approval from the Civil Aviation Safety Authority (CASA) for use with P-RNAV procedures. Additionally, the training program for flight crew using P-RNAV procedures must comply with the training standards mentioned in paragraph 10.5 of the temporary guidance leaflet. Flight crew members must be provided with appropriate briefings and guidance material as stipulated in section 10 of the temporary guidance leaflet. Failure to comply with the instructions outlined in the instrument may result in civil or criminal consequences, although specific penalties are not detailed in the provided text. However, subregulation 179A(3) of CAR 1988 indicates that 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). Under the Legislative Instruments Act 2003, these instructions are considered a legislative instrument and are therefore subject to tabling and disallowance in the Parliament. Although consultation under section 17 of the Legislative Instruments Act was not undertaken in this instance, it is noted that the instrument mirrors similar requirements applied to other operators using P-RNAV procedures. The instrument takes effect the day after it is registered and will cease to have effect at the end of November 2012. It was issued by a delegate of CASA under subregulation 7(1) of CAR 1988. The instrument number assigned is CASA 468/10.