Explanatory Statement
Civil Aviation Regulations 1988
Instructions – for approved use of P-RNAV procedures – Execujet Australia Pty Limited
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 an aeronautical information publication (AIP).
Instructions
The instrument applies to a Bombardier BD-700-1A10 aircraft with nationality and registration marks VH-ICV (the aircraft) operated by Execujet Australia 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 the instrument, the operator is instructed to comply with a series of safety standards and procedures set out in Schedule 3.
Standards and procedures
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 Authorities (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 the form of 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
The instrument has been made at the request of the operator. Further consultation under section 17 of the LIA has not been undertaken in this case because the instrument is similar to a number of instruments issued to other operators and there was initial consultation for those instruments.
The instrument commences on the day after registration and stops having effect at the end of November 2014.
The instrument has been made by a delegate of CASA under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 510/11]
Overview
The Civil Aviation Regulations 1988, as amended, include provisions for the issuance of instructions regarding instrument flight rules (IFR) flights, which outline navigation methods and the necessity for positive position fixes. This regulation aims to ensure the safety of air navigation and addresses the need for specific navigational procedures, such as precision area navigation (P-RNAV), to be implemented safely and effectively. The instrument issued by the Civil Aviation Safety Authority (CASA) provides detailed instructions for Execujet Australia Pty Limited, specifically for the use of P-RNAV procedures on a Bombardier BD-700-1A10 aircraft registered as VH-ICV. The objective of these instructions is to align with the safety standards and procedures outlined in the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. CASA mandates compliance with these standards to ensure the aircraft's airborne systems meet necessary performance and functional criteria, and that flight crew are adequately trained and briefed. The instrument, which is a legislative instrument under the Legislative Instruments Act 2003, was made at the request of the operator and is subject to disallowance in the Parliament. This instrument is effective from the day after its registration and ceases to have effect at the end of November 2014.
Scope and Application
The instrument, which is a legislative instrument under the Legislative Instruments Act 2003, applies to Execujet Australia Pty Limited, specifically to their Bombardier BD-700-1A10 aircraft with the registration VH-ICV. It outlines the approved use of precision area navigation (P-RNAV) procedures by the operator when conducting flights under instrument flight rules (I.F.R.). The instrument is issued under subregulation 179A(1) of the Civil Aviation Regulations 1988, which allows the Civil Aviation Safety Authority (CASA) to issue instructions on navigation methods and obtaining positive position fixes for I.F.R. flights. The operator must adhere to safety standards and procedures specified in their operations and flight manuals, which must align with the standards set forth in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 by the Joint Aviation Authorities. Airborne systems must meet the performance and functional criteria outlined in sections 6 and 7 of the same leaflet, and CASA must approve these systems for P-RNAV procedures. Additionally, the flight crew training program must comply with the standards mentioned in paragraph 10.5 of the temporary guidance leaflet, and crew members must receive appropriate briefings and guidance materials as set forth in section 10 of the leaflet. CASA must be notified in writing by the operator within 14 days of ceasing to operate the specified aircraft.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Act 1988 (the Act) set out the framework for the safety and regulation of civil aviation in Australia. Subregulation 179A(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue instructions regarding instrument flight rules (IFR) flights, specifying navigation methods and how to obtain positive position fixes. Subregulation 179A(2) mandates that pilots must not fly an aircraft under IFR if it is not equipped to navigate and obtain positive position fixes as per CASA's instructions. The instrument in question pertains specifically to the use of precision area navigation (P-RNAV) procedures by Execujet Australia Pty Limited for their Bombardier BD-700-1A10 aircraft registered as VH-ICV. This aircraft is to follow P-RNAV procedures only where such procedures are authorised by the air safety authority or air navigation service provider.
Execujet Australia Pty Limited, as the operator of the aircraft, is bound by several obligations under the instrument. The operator must adhere to the safety standards and procedures outlined in Schedule 3, which are derived from the operations manual and flight manual of the aircraft. These manuals must comply with the standards and procedures detailed in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. The airborne systems installed in the aircraft must meet the performance certification criteria and functional criteria specified in sections 6 and 7 of the temporary guidance leaflet and must be approved by CASA for use with P-RNAV procedures. Furthermore, 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, and flight crew members must receive appropriate briefings and guidance material as outlined in section 10 of the leaflet.
Any breach of the provisions in the instrument may lead to serious consequences. Subregulation 179A(3A) of CAR 1988 states that instructions not issued in the form of a Civil Aviation Order (CAO) are disallowable instruments and must be served on the relevant party or published in notices to airmen (NOTAMs) or in an aeronautical information publication (AIP). The instrument is also subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Given the critical nature of air navigation safety, non-compliance with these provisions could result in severe penalties, potentially including fines and suspension or revocation of operating permits.