CASA 497/10 - Instructions - for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were amended through the instrument F2010L03329 to address the need for specific instructions for the approved use of Precision Area Navigation (P-RNAV) procedures by Execujet Australia Pty Limited for certain aircraft. Enacted under the authority of the Civil Aviation Act 1988, the primary objective of this legislation is to ensure the safe navigation of aircraft under Instrument Flight Rules (IFR). By providing detailed instructions on P-RNAV procedures, the instrument aims to enhance the safety standards for air navigation, particularly for the aircraft types listed in the Schedule 1 of the instrument. The instrument was developed in consultation with relevant aviation authorities and aligns with international standards as outlined in the Temporary Guidance Leaflet No. 10 by the Joint Aviation Authority. This legislative measure, subject to disallowance under the Legislative Instruments Act 2003, replaces previous instruments that expired at the end of December 2012, ensuring continuity and compliance with updated safety standards.

Scope and Application

The instrument pertains specifically to Execujet Australia Pty Limited and the operation of its Gulfstream GIV-SP, Learjet 60XR, and Bombardier BD-700-1A10 aircraft, identified by their respective registration numbers. The Civil Aviation Safety Authority (CASA) has issued these instructions in accordance with section 98 of the Civil Aviation Act 1988 and subregulation 179A of the Civil Aviation Regulations 1988, ensuring that the operator complies with prescribed safety standards and procedures when utilising precision area navigation (P-RNAV) procedures. These procedures are only to be used in areas where they are authorised by the air safety authority or air navigation service provider. The operator must adhere to the detailed safety standards and procedures outlined in Schedule 2, which draw from the standards in Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. This includes ensuring that the aircraft's onboard systems meet specific performance and functional criteria and have been approved by CASA for P-RNAV operations. Additionally, the flight crew must undergo a training program that aligns with the temporary guidance leaflet's standards, and receive necessary briefings and guidance materials. The operator is also required to notify CASA in writing within 14 days of ceasing to operate any of the specified aircraft. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance in Parliament. Notably, this instrument replaces three previous ones that expire at the end of December 2012, maintaining consistent regulatory standards during the transition.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) outline specific requirements for the use of precision area navigation (P-RNAV) procedures by Execujet Australia Pty Limited. According to section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the Act, and under subregulation 179A(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) can issue instructions regarding Instrument Flight Rules (I.F.R.) flights. These instructions include specifying the navigation methods and positive position fixes. Subregulation 179A(2) of CAR 1988 mandates that pilots cannot fly under I.F.R. unless their aircraft are equipped for navigation and to obtain positive position fixes in accordance with these instructions. Furthermore, subregulations 179A(3) and (3A) stipulate that if the instructions are not in the form of a Civil Aviation Order (CAO), they are considered disallowable instruments and must be served on the relevant parties or published in a Notice to Airmen (NOTAMS) or in an Aeronautical Information Publication (AIP). Execujet Australia Pty Limited is required to adhere to a series of safety standards and procedures detailed in Schedule 2 of the instrument for the use of P-RNAV procedures. These standards and procedures must be consistent with those outlined in sections 9 and 10 of Temporary Guidance Leaflet No. 10, issued by the Joint Aviation Authority, concerning airworthiness and operational approval for precision RNAV operations in designated European airspace. The operator must ensure that their operations manual and flight manual comply with these standards, and the airborne systems installed in their aircraft must meet the performance and functional criteria specified in sections 6 and 7 of the temporary guidance leaflet and must have CASA approval. The training program for flight crew must also comply with the standards in paragraph 10.5 of the temporary guidance leaflet, and crew members must receive appropriate briefings and guidance material as outlined in section 10. Any breach of these regulations may result in significant legal consequences. Under subregulation 179A(3A) of CAR 1988, instructions that are not in the form of a CAO are considered disallowable instruments, and thus, subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This means that failure to comply with these instructions could lead to civil or criminal penalties. The specific penalties for breaches are not detailed in the provided text, but generally, non-compliance with aviation regulations can result in fines, imprisonment, or both, depending on the severity and nature of the breach. Additionally, according to section 17 of the Legislative Instruments Act 2003, consultation with relevant parties has not been undertaken in this case, although the instrument replaces three existing instruments that expire at the end of December 2012 with the same terms. The instrument, made by a delegate of CASA under subregulation 7(1) of CAR 1988, commences on the day after it is registered and ceases to have effect at the end of December 2012.