CASA 529/09 – Instructions – for approved use of P-RNAV procedures (A330-200/300) aircraft

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2009L04153 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Instructions for approved use of P-RNAV procedures (A330-200/300) aircraft

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 number of specially equipped Airbus 330-200/300 aircraft (the aircraft) operated by Qantas Airways 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 2.

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 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 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

Consultation under section 17 of the LIA has not been undertaken in this case because this instrument remakes instrument CASA 415/09 to remove aircraft that are no longer on the operator’s AOC.

The instrument commences on the day after it is registered and stops having effect at the end of 31 August 2011.

The instrument has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.

[Instrument number CASA 529/09]

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were amended through instrument F2009L04153 to provide specific instructions for the approved use of precision area navigation (P-RNAV) procedures by Airbus 330-200/300 aircraft operated by Qantas Airways Limited. This instrument was introduced to address the need for precise and safe navigation protocols for these aircraft, ensuring compliance with national and international aviation standards. The instrument was enacted to enhance the safety of air navigation as mandated under section 98 of the Civil Aviation Act 1988. The Australian Parliament authorised the Civil Aviation Safety Authority (CASA) to issue such regulations and instructions. The policy objective of this instrument is to ensure that Qantas Airways Limited adheres to stringent safety standards when employing P-RNAV procedures, thereby maintaining high safety benchmarks in air navigation.

Scope and Application

The Civil Aviation Regulations 1988 Instructions for approved use of P-RNAV procedures (A330-200/300) aircraft pertain specifically to Airbus 330-200/300 aircraft operated by Qantas Airways Limited. The instructions mandate compliance with certain safety standards and procedures when using precision area navigation (P-RNAV) procedures, ensuring that these procedures are only used in areas where they are authorised by the air safety authority or air navigation service provider. These instructions necessitate adherence to the standards and procedures outlined in the operator's operations and flight manuals, which must conform to the guidelines in Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. The airborne systems installed in the aircraft must meet the performance and functional criteria stipulated in the temporary guidance leaflet and must be approved by the Civil Aviation Safety Authority (CASA) for use with P-RNAV procedures. Additionally, the training program for flight crew must comply with the standards for training programs mentioned in the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance material. The instrument also stipulates that Qantas Airways Limited must notify CASA in writing within 14 days of ceasing to operate an aircraft listed in Schedule 1. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. It was made by a delegate of CASA in accordance with subregulation 7(1) of the Civil Aviation Regulations 1988.

Key Provisions

The Civil Aviation Regulations 1988 provide specific instructions for the approved use of precision area navigation (P-RNAV) procedures in Airbus 330-200/300 aircraft operated by Qantas Airways Limited. These instructions (subreg. 179A(1) CAR 1988) specify the method by which the aircraft must be navigated and how a positive position fix is to be obtained when flying under instrument flight rules (I.F.R.). The regulations ensure that the aircraft must be equipped appropriately and that the pilot in command cannot operate the aircraft under I.F.R. if it is not equipped according to these instructions (subreg. 179A(2) CAR 1988). If the instruction is not issued as a Civil Aviation Order (CAO), it must be served on the relevant person or published in a Notice to Airmen (NOTAMS) or in an Aeronautical Information Publication (AIP) (subregs. 179A(3) and (3A) CAR 1988). The operator is obligated to adhere to a series of safety standards and procedures set out in Schedule 2 of the instrument. These include complying with the requirements for P-RNAV procedures as detailed in the operations manual and flight manual, which must align with the standards and procedures outlined in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Additionally, airborne systems installed in the aircraft must meet the performance 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. The training program for flight crew must comply with the standards mentioned in paragraph 10.5 of the temporary guidance leaflet, and all flight crew members must receive appropriate briefings and guidance material as set out in section 10 of the temporary guidance leaflet. The operator is also required to notify CASA in writing within 14 days of ceasing to operate any of the specified aircraft. Any failure to comply with the provisions of this instrument may lead to significant consequences. Under subregulation 179A(3A) of CAR 1988, the instructions are considered a disallowable instrument and must be either served on the relevant person or published as required. This instrument is also a legislative instrument under the Legislative Instruments Act 2003, which means it is subject to tabling and disallowance in the Parliament (s. 5 LIA). Non-compliance could potentially lead to severe penalties, although the exact penalties are not specified in the text. The instrument is in effect from the day after its registration until the end of 31 August 2011 and has been made by a delegate of CASA in accordance with subregulation 7(1) of CAR 1988.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.