Explanatory Statement
Civil Aviation Regulations 1988
Instructions — for approved use of P-RNAV procedures
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 the Aeronautical Information Publication (AIP).
The instrument applies to a number of specially equipped Airbus 330-202 aircraft (the aircraft) operated by Jetstar Airways 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 Schedule 3 to the instrument, 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 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. The instrument replaces a previous instrument issued to the same operator (CASA 422/08). It includes a new aircraft that CASA has assessed may safely use P-RNAV procedures in accordance with the instrument. A similar instrument would be issued to any appropriate operator who could meet equivalent safety conditions.
Duration
The instrument commences on the day of registration and stops having effect at the end of 30 November 2011.
The instructions have been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 557/09]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were amended to include specific instructions for the approved use of P-RNAV procedures, enacted by the Australian Government under section 98 of the Civil Aviation Act 1988. This legislative amendment was introduced to address the need for more precise and efficient air navigation procedures, particularly for specially equipped aircraft such as the Airbus 330-202 operated by Jetstar Airways. The problem it aimed to resolve was the necessity for updated navigational protocols that enhance safety and operational efficiency in instrument flight rules (IFR) flights. The Australian Civil Aviation Safety Authority (CASA) has the authority to issue such instructions, ensuring compliance with safety standards through the CAR 1988. The policy objective is to maintain and improve the safety of air navigation by providing clear and specific guidelines for the use of advanced navigation procedures like P-RNAV.
Scope and Application
The instrument in question, identified as CASA 557/09, pertains specifically to the approved use of P-RNAV procedures by Jetstar Airways Pty Limited for a number of specially equipped Airbus 330-202 aircraft. The regulations outlined in the Civil Aviation Regulations 1988 (CAR 1988) and reinforced under Section 98 of the Civil Aviation Act 1988 empower the Australian Civil Aviation Safety Authority (CASA) to issue such instructions to ensure compliance with instrument flight rules (IFR) and the safety of air navigation. Pilots in command must adhere to these instructions to operate their aircraft under IFR, ensuring that the aircraft is properly equipped for navigation and positive position fixes as specified. The instrument also mandates that Jetstar Airways comply with the operational and technical standards set forth in their operations manual and flight manual, which in turn must align with the standards detailed in the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. Additionally, the airborne systems used must meet CASA's performance and functional criteria for P-RNAV procedures. This legislative instrument is subject to disallowance under the Legislative Instruments Act 2003 and, while it replaces a previous instrument, it extends its application to include a newly assessed aircraft that meets safety conditions.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) that are relevant to the approved use of Precision Area Navigation (P-RNAV) procedures are found in subregulation 179A(1), which allows the Civil Aviation Safety Authority (CASA) to issue instructions concerning the method of aircraft navigation and obtaining positive position fixes under instrument flight rules (I.F.R.). Subregulation 179A(2) further stipulates that an aircraft must not be flown under I.F.R. unless it is equipped to comply with these instructions. Subregulations 179A(3) and (3A) specify that any instructions not issued in the form of a Civil Aviation Order (CAO) are disallowable instruments and must either be served on the relevant parties or published in official notices. These instructions, which are subject to disallowance in Parliament under the Legislative Instruments Act 2003, apply specifically to Airbus 330-202 aircraft operated by Jetstar Airways Pty Limited.
The obligations imposed by the Act on Jetstar Airways Pty Limited include ensuring that their Airbus 330-202 aircraft are equipped with airborne systems that meet the performance and functional criteria outlined in sections 6 and 7 of the Temporary Guidance Leaflet No. 10, and that these systems have been approved by CASA for P-RNAV procedures. The operations manual and flight manual of the aircraft must comply with the standards and procedures detailed in sections 9 and 10 of the temporary guidance leaflet. Additionally, the flight crew must undergo training programs that adhere to the standards set out in paragraph 10.5 of the leaflet, and must receive appropriate briefings and guidance material as per section 10. Jetstar Airways is also required to notify CASA in writing within 14 days of ceasing to operate an aircraft specified in the instrument.
In terms of offences and penalties, non-compliance with the instructions regarding the use of P-RNAV procedures may result in significant civil or criminal consequences. Although the maximum penalties are not explicitly stated in the text, violations of aviation safety regulations can generally lead to fines, imprisonment, or both, depending on the severity and circumstances of the breach. The disallowance process outlined in the Legislative Instruments Act 2003 also provides a legislative mechanism for addressing non-compliance, allowing for parliamentary scrutiny and potential annulment of the instrument if it is found to be unsatisfactory.