Explanatory Statement
Civil Aviation Regulations 1988
Instructions — for approved use of P-RNAV procedures
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 the Aeronautical Information Publication (AIP).
The instrument applies to a number of specially equipped Airbus 330-202 aircraft (the aircraft) operated by Jetstar Airways Pty Limited (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 Schedule 3 to the instrument, 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 Authority (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 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. The instrument replaces a previous instrument issued to the same operator (CASA 557/09). It includes a new aircraft that CASA has assessed may safely use P-RNAV procedures in accordance with the instrument. A similar instrument would be issued to any appropriate operator who could meet equivalent safety conditions.
Duration
The instrument commences on the day of registration and stops having effect at the end of 30 November 2012.
The instructions have been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 483/10]
Overview
The Civil Aviation Regulations 1988, amended by F2010L03253, were enacted to address the need for specific operational procedures for precision area navigation (P-RNAV) for certain aircraft under instrument flight rules (I.F.R.). This legislative instrument, issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, provides detailed instructions for Jetstar Airways to follow when using P-RNAV procedures on specially equipped Airbus 330-202 aircraft. The overarching policy objective is to ensure that these aircraft are operated safely, with the necessary systems and crew training to meet the required standards for P-RNAV operations. The regulations mandate compliance with specific standards and procedures outlined in Joint Aviation Authority guidance, ensuring that the aircraft, systems, and flight crews are appropriately certified and briefed for the use of P-RNAV in designated airspace.
Scope and Application
The instrument in question, F2010L03253, pertains to specific Airbus 330-202 aircraft operated by Jetstar Airways Pty Limited, governing their approved use of precision area navigation (P-RNAV) procedures. This regulation applies to the aircraft themselves, the operator, and the crew involved in operating these aircraft under instrument flight rules (I.F.R.). The instructions are mandated by subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988) and are subject to compliance with the standards outlined in the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. The geographic scope of this legislation is national, as it involves the regulation of air navigation within Australian airspace, ensuring the safety and compliance of I.F.R. flights. Notably, the instrument excludes other aircraft not listed in Schedule 1 and other operators not specifically addressed in the regulations. The instructions are considered disallowable instruments under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament. This instrument replaces a previous one issued to the same operator, extending its application to an additional aircraft deemed suitable for P-RNAV procedures based on CASA's assessment.
Key Provisions
The Civil Aviation Regulations 1988 include specific instructions regarding the approved use of precision area navigation (P-RNAV) procedures for specially equipped Airbus 330-202 aircraft operated by Jetstar Airways Pty Limited. Under subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) can issue instructions relating to instrument flight rules (I.F.R.) flights, specifying methods of aircraft navigation and obtaining positive position fixes. These instructions are particularly relevant for P-RNAV procedures, which may only be used in locations where such procedures are authorised by CASA or an air navigation service provider. Subregulation 179A(2) of CAR 1988 mandates that aircraft must not be flown under I.F.R. if they are not equipped according to the issued instructions for navigation and position fixes.
The obligations imposed by these instructions require Jetstar Airways to ensure that its Airbus 330-202 aircraft are properly equipped with airborne systems that meet the performance and functional criteria outlined in sections 6 and 7 of the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. These systems must be approved by CASA for use with P-RNAV procedures. Additionally, the operations and flight manuals must adhere to the standards and procedures specified in sections 9 and 10 of the temporary guidance leaflet. The flight crew must undergo training programs that comply with the standards in paragraph 10.5 and receive appropriate briefings and guidance material as set out in section 10 of the temporary guidance leaflet. Jetstar Airways must also notify CASA in writing within 14 days of ceasing to operate any aircraft listed in Schedule 1 of the instrument.
Failure to comply with these instructions can lead to significant consequences. Subregulation 179A(3) and (3A) of CAR 1988 states 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 the Aeronautical Information Publication (AIP). Under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA), such instructions are considered a legislative instrument and are subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. While consultation under section 17 of the LIA was not undertaken for this specific instrument, it replaces a previous instrument (CASA 557/09) and applies to aircraft that CASA has assessed as safe for P-RNAV procedures. The instrument is effective from the day of registration until 30 November 2012.