CASA 50/09 – Instructions – for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988 were enacted to provide for the regulation of civil aviation safety and the safe, efficient and environmentally responsible use of Australia's airspace. These regulations address the need for a comprehensive framework governing the operation of aircraft in Australian airspace, ensuring that all aviation activities are conducted in a manner that protects the safety of the public, crew, and aircraft. The Civil Aviation Act 1988, enacted by the Australian Parliament, empowers the Civil Aviation Safety Authority (CASA) to create and enforce regulations that meet these objectives. The primary policy objective is to maintain and enhance the safety standards of civil aviation operations within Australia. The specific legislative instrument, F2009L00160, issued under the authority of the Civil Aviation Regulations 1988, provides detailed instructions for the approved use of precision area navigation (P-RNAV) procedures by Air National Australia Pty Ltd for their Bombardier CL-600 2B19 aircraft, registered as VH-LEF. This instrument mandates that the operator adhere to stringent safety standards and procedures as outlined in the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. It ensures that the aircraft's navigation systems are certified, the flight crew are adequately trained, and all operations are conducted in accordance with the stipulated guidelines. The instrument is subject to disallowance in Parliament and is effective until the end of December 2010.

Scope and Application

The instrument in question applies specifically to the Bombardier CL-600 2B19 aircraft registered as VH-LEF, operated by Air National Australia Pty Ltd. This legislation is concerned with the approved use of precision area navigation (P-RNAV) procedures in Instrument Flight Rules (IFR) flights, as governed by subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988). The regulations mandate that aircraft must not be flown under IFR unless they are equipped for navigation and can obtain positive position fixes in accordance with the instructions issued under subregulation 179A(1). These instructions, which are not issued in the form of a Civil Aviation Order (CAO), must be served on the relevant parties or published in a Notice to Airmen (NOTAMS) or an Aeronautical Information Publication (AIP) as per subregulations 179A(3) and (3A) of CAR 1988. Geographically, the instrument applies within the jurisdiction of Australia, as per the Civil Aviation Act 1988, and the instructions are applicable wherever P-RNAV procedures are authorised by the air safety authority or air navigation service provider. The operator is obligated to adhere to a series of safety standards and procedures outlined in Schedule 2, which are derived from the standards and procedures specified in the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. This includes compliance with operational and flight manuals, performance certification criteria for airborne systems, and specific training programs for flight crew. Furthermore, the instrument is a legislative instrument subject to tabling and disallowance under the Legislative Instruments Act 2003, though consultation under section 17 of the LIA was not undertaken due to the uniformity of requirements across similar operators. The instrument is effective from the day after registration until the end of December 2010.

Key Provisions

The main operative sections of this legislation pertain to the Civil Aviation Regulations 1988 (CAR 1988). Section 179A(1) allows the Civil Aviation Safety Authority (CASA) to issue instructions about Instrument Flight Rules (I.F.R.) flights, including the method of navigation and obtaining a positive position fix. Section 179A(2) mandates that aircraft must not be flown under I.F.R. if they are not equipped to comply with these instructions. The regulations in Schedule 2 specify that the Bombardier CL-600 2B19 aircraft, operated by Air National Australia Pty Ltd, must adhere to certain safety standards and procedures if using precision area navigation (P-RNAV) procedures, which are only permitted in areas authorised for such operations. Under these provisions, Air National Australia Pty Ltd is obligated to ensure that their aircraft meet specific standards and procedures when using P-RNAV. This includes ensuring that their operations manual and flight manual comply with the standards set out in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Additionally, airborne systems must meet performance and functional criteria specified in sections 6 and 7 of the same guidance leaflet and must be approved by CASA. Flight crew must undergo training that adheres to the standards outlined in paragraph 10.5 of the guidance leaflet, and they must receive appropriate briefings and guidance material as per section 10. The operator must notify CASA within 14 days of ceasing to operate the specified aircraft. Any failure to comply with these instructions can lead to significant consequences. Under subregulation 179A(3) of CAR 1988, any instruction that is not in the form of a Civil Aviation Order (CAO) is considered a disallowable instrument and must be served on the relevant parties or published in a Notice to Airmen (NOTAMS) or an Aeronautical Information Publication (AIP). These instructions are legislative instruments and are subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. Although consultation under section 17 of the LIA was not undertaken, the instrument's similarity to other instruments suggests a standardised approach to regulatory compliance. The instrument is effective from the day after its registration until the end of December 2010.