Explanatory Statement
Civil Aviation Regulations 1988
Instructions — GLS approach procedures
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 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 the method by which an aircraft is to be navigated when in such flight. CASA has issued instructions for the navigation of certain I.F.R. landing approach flights at Kingsford Smith International Airport, Sydney (KSA) as follows.
Trial of GLS approaches using GBAS
Under subregulation 173.035 (4) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA is taken to be a certified designer of instrument approach procedures including GLS approaches. GLS approaches are aircraft landing approaches in which appropriately equipped aircraft use the Global Navigation Satellite System, augmented by a local ground-based augmentation system (GBAS). The GBAS transmits navigation and GPS correction data to the aircraft.
CASA has delegated its design powers to Airservices Australia (AA). Under this delegation, AA designs new GLS approach procedures for KSA which use the Honeywell Beta+ GBAS facility installed at KSA (the KSA GBAS).
The Boeing Company and the Federal Aviation Administration of the United States of America have demonstrated to CASA’s satisfaction GLS operational capability using Boeing 737-800 aircraft and GBAS ground installations similar to that which will be used at KSA. Although the Honeywell Beta+ installation at KSA is a more advanced version of the GBAS installations used in the demonstrations, it does not meet all of the International Civil Aviation Organization (ICAO) requirements.
In the interests of safety, therefore, CASA has issued previous instruments to enable the GLS approaches at KSA to undergo a suitable trial in association with the KSA GBAS. Qantas Airways Limited (Qantas) had proposed such a trial. Qantas had taken delivery of a number of Boeing 737-800 aircraft that are equipped with certified GLS-capable receivers and the operator wished to gain GLS operational experience, conduct crew training and demonstrate the capability of the GLS approaches.
Instructions
The instrument applies only to GLS approaches at KSA. It instructs the pilot in command of an aircraft to use the KSA GBAS. It instructs the pilot that he or she may only conduct a GLS approach below the lowest safe altitude on the relevant air traffic control chart if the ceiling is at least 3 000 feet and the flight crew has the runway threshold in sight. It instructs the pilot to use the GBAS only in accordance with the Qantas trial. New instructions relating to the conduct of GLS approaches using autoland require such approaches to be conducted under visual meteorological conditions, using the procedures that apply to operations under the I.F.R.
Conditions
The conditions of the trial require that GLS approaches may only be conducted by specially trained Qantas pilots in Boeing 737-800 aircraft. The aircraft must be equipped with approved and serviceable GLS receivers identified in the flight manual. A GLS approach must be in accordance with the Qantas Operations Manual approved by CASA and as in force at the date of the instrument. Qantas must make regular incident reports to CASA. Qantas must also provide the flight crew and other relevant personnel with incident and feedback forms and encourage their uninhibited completion and submission for the reports to CASA. CASA must be immediately informed of any matter related to the safety of a GLS approach. GLS approaches must not be used for alternate aerodrome planning or in land and hold short operations.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares that instructions not in the form of a Civil Aviation Order are 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. The instrument is a renewal of instrument CASA 527/08 that ceased to have effect at the end of 31 October 2009. The renewal has been requested by Qantas to enable the continuation of the trial of GLS approaches at KSA in accordance with the Qantas proposal.
The instrument commences on 1 November 2009 and stops having effect at the end of 31 July 2011.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Instrument number CASA 478/09]