CASA 48/12 - Instructions - V.F.R. flights conducted by Fugro Airborne Surveys Pty Ltd

Overview

The Civil Aviation Regulations 1988, amended by F2012L00130, introduce specific instructions for VFR flights conducted by Fugro Airborne Surveys Pty Ltd, particularly focusing on the use of GPS navigation equipment for positive position fixes when flying over the sea at or below 2,000 feet above mean sea level. Enacted to address the need for precise navigation standards in Visual Flight Rules conditions, these instructions are issued by the Civil Aviation Safety Authority (CASA) under the authority granted by Section 98 of the Civil Aviation Act 1988. The policy objective is to ensure the safety of air navigation by providing clear guidelines for the use of GPS equipment in specified flight operations. The instrument, not constituting a Civil Aviation Order, is subject to disallowance and must be tabled in Parliament under the Legislative Instruments Act 2003. Notably, this legislative instrument does not engage with human rights issues and has been issued without prior consultation, responding directly to the operational needs of the specified operator.

Scope and Application

The Civil Aviation Regulations 1988 Instructions specifically pertain to Visual Flight Rules (V.F.R.) flights conducted by Fugro Airborne Surveys Pty Ltd, governing the use of GPS navigation equipment for obtaining a positive position fix during such flights over the sea at or below 2,000 feet above mean sea level. This instrument is applicable to the aircraft operated by the aforementioned operator, focusing on ensuring compliance with a set of instructions detailed in Schedule 1, which includes the standards for GPS equipment, and flight crew competency and procedures. The regulations are issued under the authority granted by subregulation 174D(1) of the Civil Aviation Regulations 1988, which empowers the Civil Aviation Safety Authority (CASA) to issue such instructions in relation to Instrument Flight Rules (I.F.R.) flights. Notably, these instructions are not issued in the form of a Civil Aviation Order (CAO) and are therefore considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. Furthermore, as per subregulation 174D(3A) of the Civil Aviation Regulations 1988 and subparagraph 6(d)(i) of the Legislative Instruments Act 2003, these instructions are classified as legislative instruments and are subject to tabling and disallowance in the Parliament as per sections 38 and 42 of the Legislative Instruments Act 2003.

Key Provisions

The primary sections of the Civil Aviation Regulations 1988 that are pertinent to this instrument are sections 98 and 174D, which provide the authority for the Governor-General to make regulations for the safety of air navigation, and allow the Civil Aviation Safety Authority (CASA) to issue instructions regarding Instrument Flight Rules (I.F.R.) flights. Specifically, subregulation 174D(1) allows CASA to specify the method by which an aircraft is to be navigated and how a positive position fix is to be obtained, while subregulation 174D(3A) states that instructions not issued in the form of a Civil Aviation Order (CAO) are disallowable instruments for the purposes of the Acts Interpretation Act 1901. The obligations imposed by the instrument on Fugro Airborne Surveys Pty Ltd are detailed in Schedule 1, which the operator must adhere to when using GPS navigation equipment for Visual Flight Rules (V.F.R.) flights over the sea at or below 2,000 feet above mean sea level. These obligations include compliance with specific standards applicable to the GPS, ensuring that the flight crew possess the necessary competency, and following prescribed procedures. The instrument is tailored to ensure that the operator conducts V.F.R. flights safely over the sea, with a particular focus on the use of GPS technology for navigation and position fixing. In terms of offences and penalties, the instrument itself does not explicitly detail specific penalties for non-compliance. However, CASA has the authority to enforce compliance with the Civil Aviation Regulations 1988, which can include issuing fines, suspending or revoking flight permits, and taking other regulatory actions against the operator for breaches. The potential civil or criminal consequences for non-compliance would depend on the severity and nature of the breach, as well as any relevant provisions within the Civil Aviation Act 1988 and associated regulations. The maximum penalties for breaches of aviation regulations can vary but may include substantial fines and potential imprisonment for serious offences. Additionally, the Legislative Instruments Act 2003 declares the instrument a legislative instrument, which means it is subject to tabling and disallowance in the Parliament. Although human rights compatibility is not an issue with this instrument, the lack of consultation under section 17 of the LIA is noted, as the instrument was issued at the request of the operator to facilitate their operations. The instrument is effective from 1 February 2012 and will cease to have effect at the end of 31 January 2015.