CASA 477/10 - Instructions - for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988, as amended by F2010L03210, address the need for specific instructions governing the use of precision area navigation (P-RNAV) procedures by specially equipped Boeing 777 aircraft operated by Virgin Blue International Airlines Pty Ltd, trading as V Australia. This regulation was enacted to ensure the safe navigation of these aircraft under instrument flight rules, aligning with the overarching safety and regulatory framework provided by the Civil Aviation Act 1988. The policy objective is to maintain high safety standards in air navigation, ensuring that aircraft are properly equipped and operated in accordance with prescribed procedures. The Civil Aviation Regulations 1988 empower the Civil Aviation Safety Authority (CASA) to issue these instructions, which must comply with the legislative requirements and be communicated effectively to the relevant operators. This legislative measure is intended to prevent any operational discrepancies that could compromise flight safety, thereby fulfilling the mandate of the Civil Aviation Act 1988 and its subsidiary regulations.

Scope and Application

The Civil Aviation Regulations 1988 Instructions govern the approved use of precision area navigation (P-RNAV) procedures for specifically equipped Boeing 777 aircraft operated by Virgin Blue International Airlines Pty Ltd, trading as V Australia. The instructions mandate that P-RNAV procedures can only be used in locations where they are authorised by the air safety authority or air navigation service provider. The operator must adhere to a series of safety standards and procedures as outlined in Schedule 2, which in turn reference standards and procedures set out in the Joint Aviation Authority's Temporary Guidance Leaflet No. 10 concerning airworthiness and operational approval for precision RNAV operations in designated European airspace. The aircraft's airborne systems must meet performance and functional criteria approved by the Civil Aviation Safety Authority (CASA) for use with P-RNAV procedures, and the flight crew must complete a training program that complies with the standards outlined in the temporary guidance leaflet, along with receiving appropriate briefings and guidance material. This instrument is subject to the Legislative Instruments Act 2003, being a disallowable instrument, and is thus subject to tabling and disallowance in the Parliament. As this instrument revokes and remakes a previous instrument, CASA 68/09, by adding one new aircraft to the list, consultation under section 17 of the Legislative Instruments Act 2003 has not been undertaken. The instrument commences on the day after its registration and ceases to have effect at the end of November 2012.

Key Provisions

The key operative sections of the Civil Aviation Regulations 1988, as modified by this instrument, pertain to the approved use of P-RNAV procedures for specially equipped Boeing 777 aircraft operated by V Australia. Section 98 of the Civil Aviation Act 1988 (the Act) authorises the Governor-General to make regulations for the safety of air navigation. Under subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) can issue instructions regarding instrument flight rules (I.F.R.) flights, including the navigation methods and positive position fixes required. Specifically, subregulation 179A(2) mandates that aircraft cannot be flown under I.F.R. without the appropriate navigation equipment and methods specified in the instructions. Furthermore, subregulations 179A(3) and (3A) state that if the instructions are not in the form of a Civil Aviation Order (CAO), they must be served on the relevant parties or published in notices to airmen (NOTAMS) or aeronautical information publications (AIP). The Act imposes several obligations on V Australia regarding the use of P-RNAV procedures. The operator must adhere to the safety standards and procedures outlined in Schedule 2, which includes complying with the requirements set forth in its operations manual and flight manual. These manuals must align with the standards and procedures in sections 9 and 10 of the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. Additionally, airborne systems in the aircraft must meet the performance and functional criteria specified in sections 6 and 7 of the temporary guidance leaflet and be approved by CASA for use with P-RNAV procedures. The training program for flight crew must comply with the standards for training programs mentioned in paragraph 10.5 of the temporary guidance leaflet, and crew members must receive appropriate briefings and guidance material as outlined in section 10. The consequences for non-compliance with these regulations can be severe. Under subregulation 179A(3A) of CAR 1988, instructions not issued as CAOs are considered disallowable instruments and must be either served on the relevant parties or published. This means they are subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. Failure to comply with the instructions or the safety standards and procedures could result in civil or criminal penalties, although the exact penalties are not specified in the text. The operator must also notify CASA in writing within 14 days of ceasing to operate an aircraft listed in Schedule 1. This requirement underscores the importance of adherence to the regulations and the potential repercussions for failing to meet them. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to the disallowance process. Although consultation under section 17 of the LIA was not undertaken because this instrument revokes a previous instrument, CASA 68/09, and remakes it by adding one new aircraft to the list, the legislative nature of the instrument means it still requires parliamentary oversight. The instrument takes effect the day after its registration and remains in force until the end of November 2012. It was made by a delegate of CASA in accordance with subregulation 7(1) of CAR 1988.