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 an Aeronautical Information Publication (AIP).
Instructions
The instrument applies to the Cessna 680 aircraft VH-VPL (the aircraft) operated by Twentieth Super Pace Nominees Pty Ltd, trading as SCT Logistics (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 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 the 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 renews a previous instrument, CASA 78/10, and is similar to many other instruments issued to operators all of whom meet the same requirements for operations using P-RNAV procedures.
Duration
The instrument commences on 1 March 2011 and stops having effect at the end of 28 February 2013.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 62/11]
Overview
The Civil Aviation Regulations 1988, amended by F2011L00299, were enacted to address the need for specific navigational procedures to ensure the safety of air navigation in accordance with Section 98 of the Civil Aviation Act 1988. This legislation was introduced by the Australian Government through the Civil Aviation Authority of Australia (CASA) to provide detailed instructions regarding the use of precision area navigation (P-RNAV) procedures by operators of certain aircraft. The primary policy objective is to ensure that aircraft operating under Instrument Flight Rules are equipped and navigated according to stringent safety standards, thereby enhancing overall aviation safety. This regulatory framework requires operators to adhere to specific operational manuals and training programs that comply with international standards, ensuring that both airborne systems and flight crews are adequately prepared for P-RNAV operations.
Scope and Application
The Civil Aviation Regulations 1988 Instructions, specifically concerning the approved use of P-RNAV procedures, apply directly to the operator Twentieth Super Pace Nominees Pty Ltd, trading as SCT Logistics, in relation to the Cessna 680 aircraft registered as VH-VPL. This instrument mandates compliance with a series of safety standards and procedures as outlined in Schedule 3, ensuring that the aircraft is navigated and position fixes are obtained in accordance with the Civil Aviation Safety Authority's (CASA) regulations. The instrument extends to ensuring that all onboard systems meet the required performance and functional criteria, and that flight crew are adequately trained and briefed, as per the standards set in the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. Additionally, the instrument is subject to disallowance under the Legislative Instruments Act 2003 and is considered a legislative instrument. The instrument comes into effect on 1 March 2011 and ceases to have effect at the end of 28 February 2013, thus operating within a specified timeframe.
Key Provisions
The key operative sections of this piece of legislation are sections 98 of the Civil Aviation Act 1988 (the Act) and subregulations 179A of the Civil Aviation Regulations 1988 (CAR 1988). Section 98 of the Act empowers the Governor-General to make regulations for the Act, including those related to the safety of air navigation. Subregulation 179A(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue instructions for Instrument Flight Rules (I.F.R.) flights, specifying navigation methods and positive position fixes. Subregulation 179A(2) mandates that a pilot in command must not fly an aircraft under I.F.R. if it is not equipped to comply with the specified instructions. Finally, subregulations 179A(3) and (3A) of CAR 1988 require instructions not issued as Civil Aviation Orders (CAO) to be served or published in specific notices.
The Act imposes several obligations on the parties involved. Firstly, the operator of the specified aircraft, Twentieth Super Pace Nominees Pty Ltd trading as SCT Logistics, must ensure that the aircraft is equipped to meet the standards and procedures set out in the instrument, particularly for precision area navigation (P-RNAV) procedures. This includes compliance with standards and procedures in the operations and flight manuals, as well as ensuring that airborne systems meet performance and functional criteria as outlined in the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. Additionally, the operator must implement a training program for flight crew that adheres to the standards specified in the temporary guidance leaflet and provide appropriate briefings and guidance materials. CASA requires the operator to notify them in writing within 14 days of ceasing to operate the aircraft in question.
Under subregulation 179A(3A) of CAR 1988, instructions not issued as CAOs are considered disallowable instruments, and thus, subject to tabling and disallowance in Parliament as per the Legislative Instruments Act 2003 (LIA). The instrument itself is a legislative instrument under the LIA and must be tabled and may be disallowed by Parliament. Despite this, consultation under section 17 of the LIA was not undertaken because the instrument renews a previous instrument and closely aligns with many similar instruments issued to other operators.
The legislation also outlines potential consequences for non-compliance. Specifically, subregulation 179A(2) of CAR 1988 stipulates that operating an aircraft under I.F.R. without proper navigation equipment and procedures is an offence. While the exact penalties are not specified in the text provided, non-compliance with such aviation regulations could result in significant civil or criminal penalties, depending on the severity and circumstances of the breach. These penalties may include fines, suspension or revocation of licenses, and other regulatory actions deemed appropriate by CASA.