CASA 59/10 - Instructions - for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988, as amended by the Legislative Instruments Act 2003, were enacted to provide comprehensive regulation of civil aviation in Australia, ensuring the safety of air navigation and compliance with international standards. The Civil Aviation Act 1988 authorises the Governor-General to make regulations necessary for the safety of air navigation, and these regulations are administered by the Civil Aviation Safety Authority (CASA). The policy objective of these regulations is to maintain the highest safety standards in the operation of aircraft, particularly through the precise navigation and positioning of aircraft using advanced technologies. The instrument in question provides specific instructions for the approved use of Precision Area Navigation (P-RNAV) procedures by Execujet Australia Pty Limited for its Bombardier BD-700-1A10 aircraft, VH-OCV, ensuring adherence to stringent safety standards and operational protocols as outlined in relevant guidelines and manuals.

Scope and Application

The Civil Aviation Regulations 1988 Instructions specifically apply to Execujet Australia Pty Limited, the operator of the Bombardier BD-700-1A10 aircraft VH-OCV, when using precision area navigation (P-RNAV) procedures. This instrument mandates that the operator adhere to a series of safety standards and procedures detailed in Schedule 3 to ensure safe navigation under instrument flight rules. These standards and procedures are derived from the requirements outlined in the operations manual and flight manual of the aircraft, which in turn must comply with the standards and procedures set out in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Furthermore, 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 been approved by the Civil Aviation Safety Authority (CASA) for use with P-RNAV procedures. Additionally, the training program for the flight crew must align with the standards mentioned in paragraph 10.5 of the temporary guidance leaflet, and the crew must receive appropriate briefings and guidance material as outlined in section 10 of the temporary guidance leaflet. The operator is also required to inform CASA in writing within 14 days of ceasing to operate the aircraft mentioned in Schedule 1. The instrument is subject to disallowance under the Legislative Instruments Act 2003, and although consultation under the Legislative Instruments Act has not been undertaken, it is noted that the instrument is similar to others issued to operators with the same P-RNAV operational requirements. The instrument comes into effect on the day it is registered and ceases to have effect at the end of 31 December 2010.

Key Provisions

The main provisions of this Civil Aviation Regulation require the operator of the Bombardier BD-700-1A10 aircraft, VH-OCV, to comply with a series of safety standards and procedures when using precision area navigation (P-RNAV) procedures. These procedures can only be used in places where they are authorised by the air safety authority or air navigation service provider. The operator must adhere to the requirements outlined in their operations manual and flight manual, which must comply with the standards and procedures outlined in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. The 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. Additionally, 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 obligations imposed by the Act include ensuring that the aircraft is equipped for navigation and to obtain positive position fixes in accordance with the instructions issued under subregulation 179A(1) of CAR 1988. 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 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 notify CASA in writing not later than 14 days after ceasing to be the operator of the aircraft mentioned in Schedule 1. Failure to comply with these provisions may result in civil or criminal consequences. Under subregulation 179A(2) of CAR 1988, the pilot in command of an aircraft must not fly it under the instrument flight rules if it is not equipped for navigation and to obtain positive position fixes in accordance with instructions issued under subregulation 179A(1). Additionally, subregulation 179A(3A) of CAR 1988 declares instructions that are not in the form of a Civil Aviation Order to be a disallowable instrument, which must be either served on the person to whom it applies or published in a notice to airmen or in an aeronautical information publication. The maximum penalty for contravening these provisions is not specified in the legislation. However, the Legislative Instruments Act 2003 provides for the disallowance of legislative instruments that are not tabled in Parliament and for the imposition of fines and imprisonment for breaches of the Act.