CASA 54/11 – Instructions – for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988, amended through the instrument F2011L00295, provide specific instructions for the approved use of Precision Area Navigation (P-RNAV) procedures by the operator Holypeak Proprietary Limited for the Bombardier CL60 aircraft VH-VLC. Enacted by the Australian Government, this instrument addresses the need for precise navigation standards and procedures for aircraft operating under Instrument Flight Rules (IFR). The primary objective is to ensure the safe and efficient use of P-RNAV procedures in designated airspaces, thereby enhancing air navigation safety. The instrument mandates compliance with detailed safety standards and operational protocols outlined in the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority, and requires airborne systems to meet specific performance criteria approved by the Civil Aviation Safety Authority (CASA). Furthermore, the instrument stipulates that flight crew must undergo rigorous training and receive appropriate briefings, aligning with the safety standards set forth in the guidance leaflet.

Scope and Application

The instrument issued under the Civil Aviation Regulations 1988 pertains specifically to the operation of the Bombardier CL60 aircraft VH-VLC by Holypeak Proprietary Limited. It mandates that the operator adheres to a set of instructions when employing precision area navigation (P-RNAV) procedures, ensuring that these procedures are only used in areas where they have been authorised by the relevant air safety authority or air navigation service provider. The operator is required to align with safety standards and procedures detailed in Schedule 3, which are further specified in the operations and flight manuals of the aircraft. These manuals must conform to the criteria outlined in Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority, particularly focusing on airworthiness and operational approval for precision RNAV operations within designated European airspace. Additionally, the airborne systems installed on the aircraft must meet the performance and functional criteria set out in the temporary guidance leaflet and must be approved by the Civil Aviation Safety Authority (CASA) for use with P-RNAV procedures. The training program for flight crew must comply with the standards for training programs, and crew members must receive appropriate briefings and guidance material. The operator is also required to notify CASA within 14 days of ceasing to operate the aircraft mentioned in Schedule 1. Given that these instructions are not part of a Civil Aviation Order (CAO), they are classified as a disallowable instrument under the Civil Aviation Regulations 1988 and are thus subject to tabling and disallowance in the Parliament as per the Legislative Instruments Act 2003. The instrument, which commences on the day after its registration and ceases to have effect at the end of February 2013, was made by a delegate of CASA under the Civil Aviation Regulations 1988.

Key Provisions

The key operative sections of the instrument under consideration pertain to the specific instructions for the approved use of P-RNAV procedures for the Bombardier CL60 aircraft VH-VLC operated by Holypeak Proprietary Limited. Under subregulation 179A(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) has the authority to issue instructions regarding Instrument Flight Rules (IFR) flights, including the method of navigation and obtaining a positive position fix. Subregulation 179A(2) of CAR 1988 mandates that the pilot in command must not operate an aircraft under IFR unless it is equipped to navigate and obtain positive position fixes in accordance with CASA’s instructions. Furthermore, subregulations 179A(3) and (3A) state that if the instructions are not issued in the form of a Civil Aviation Order (CAO), they must be served on the person to whom they apply or published in a Notice to Airmen (NOTAM) or in an Aeronautical Information Publication (AIP). The obligations imposed on the parties governed by this instrument are stringent. The operator must adhere to a series of safety standards and procedures outlined in Schedule 3, ensuring compliance with the operations manual and flight manual. These manuals must conform to the standards and procedures set out in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Additionally, the 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 have CASA approval for use with P-RNAV procedures. The training program for flight crew must comply with the standards outlined in paragraph 10.5 of the temporary guidance leaflet, and flight crew members must receive appropriate briefings and guidance material as specified in section 10 of the leaflet. Moreover, the operator is required to notify CASA in writing within 14 days of ceasing to operate the specified aircraft. There are significant consequences for breaches of the regulations. Subregulation 179A(3A) of CAR 1988 classifies instructions not issued in the form of a CAO as disallowable instruments, meaning they are subject to disallowance in Parliament under the Legislative Instruments Act 2003 (LIA). The operator's failure to comply with the specified instructions could result in various penalties, including civil or criminal sanctions, depending on the severity of the breach. The maximum penalties for such breaches are not explicitly stated in the text but could involve substantial fines and potential imprisonment under Australian aviation law.