Explanatory Statement
Civil Aviation Regulations 1988
Instructions — GNSS as primary means of navigation for NDB and VOR (overlay) approach — Qantas Airways Limited
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to 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.), specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
Instructions
CASA issued instructions in instrument CASA 366/10 directed to pilots in command of aircraft using a Global Positioning System (GPS) and equipment in aircraft, and set out procedures to be followed when GPS is used under different flight conditions.
The current GNSS rules allow the use of GPS for primary means navigation under I.F.R. In addition, modern RNP-capable aircraft have in their flight manual provisions that allow the flying on non-precision approaches using RNP capabilities of the aircraft without the specific approach aid being installed in the aircraft.
Legislative Instruments Act
Under subregulation 179A (3A) of CAR 1988, an instruction that is not in the form of a Civil Aviation Order is a disallowable instrument for section 46A of the Acts Interpretation Act 1901. 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 under legislation in force before the commencement of the LIA. The instrument of instructions is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
This instrument has been requested by Qantas Airways Limited (Qantas). No further consultation under section 17 of the LIA has been undertaken. The instrument will allow Qantas to reduce dependence on ground‑based systems. In the longer term, these instructions will be in Subpart 91.U of the Civil Aviation Safety Regulations 1998.
Human Rights Compatibility
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Commencement and delegation
This instrument commences on the day after registration and stops having effect at the end of 31July 2014. It has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA 64/12]
Overview
The Civil Aviation Regulations 1988, amended by F2012L00589, address the need to update navigational procedures in line with technological advancements and operational efficiencies in civil aviation. Enacted by the Australian Government, this legislation facilitates the use of Global Navigation Satellite System (GNSS) technology as a primary means of navigation for Non-Directional Beacon (NDB) and VHF Omnidirectional Range (VOR) approaches, specifically for Qantas Airways Limited. This update aims to reduce reliance on ground-based navigation systems, thereby enhancing the safety and efficiency of air navigation. The policy objective is to align with modern aviation practices and improve navigational reliability through the adoption of GNSS technology. The Civil Aviation Safety Authority (CASA) has the authority to issue these instructions under Section 98 of the Civil Aviation Act 1988, ensuring that the regulations remain current and relevant to the evolving landscape of aviation technology.
Scope and Application
The Civil Aviation Regulations 1988, as amended, provide the legal framework for the regulation of civil aviation in Australia. Specifically, the instrument CASA 366/10, issued by the Civil Aviation Safety Authority (CASA), outlines procedures for the use of Global Navigation Satellite System (GNSS) technology, such as GPS, as a primary means of navigation for aircraft conducting Non-Directional Beacon (NDB) and Very-high-frequency Omni-directional Range (VOR) approach procedures. This directive applies to Qantas Airways Limited, allowing the airline to reduce its reliance on ground-based navigation aids. The regulations pertain to entities operating aircraft under Instrument Flight Rules and require compliance with the specified navigation procedures during different flight conditions. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to parliamentary disallowance. It is not anticipated to engage any human rights issues and is compatible with the applicable rights and freedoms. The instrument comes into effect upon registration and will cease to have effect by the end of 31 July 2014.
Key Provisions
The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, permit the Governor-General to make regulations concerning air navigation safety, and these regulations include the ability to issue specific instructions regarding Instrument Flight Rules (IFR) (section 98). One such instruction is CASA 366/10, which outlines procedures for pilots using Global Navigation Satellite System (GNSS) equipment, such as GPS, under various flight conditions. This instruction is significant as it allows for the use of GNSS as the primary means of navigation during IFR, in addition to enabling the use of RNP capabilities for non-precision approaches in modern RNP-capable aircraft, provided the flight manual includes these provisions (subregulation 179A(1) and 179A(3A) of CAR 1988). This approach reduces reliance on traditional ground-based navigation aids such as NDB and VOR.
The obligations imposed by these instructions on pilots and Qantas Airways Limited include adherence to the procedures set forth in CASA 366/10, ensuring that the aircraft's navigation systems are appropriately configured and operational. Pilots must follow the specified protocols when using GNSS for navigation, and Qantas must ensure that its aircraft are equipped with the necessary GNSS equipment and that pilots are adequately trained in its use. The flight manuals of RNP-capable aircraft must contain the necessary provisions to support the use of GNSS for non-precision approaches. Qantas, as the requesting party, is also obligated to ensure compliance with these instructions during the period of their effect.
Failure to comply with these instructions may result in regulatory and legal consequences. Under the Civil Aviation Act 1988, non-compliance with CASA instructions can lead to civil penalties, which may include fines and other sanctions. The specific penalties are not detailed in the explanatory statement but are governed by the broader provisions of the Act. Additionally, any breaches of these instructions may also lead to criminal charges under the Act, which could result in more severe penalties, including imprisonment, depending on the severity of the breach and the discretion of the court. The instructions themselves are subject to disallowance in Parliament under the Legislative Instruments Act 2003, providing a mechanism for legislative oversight.