CASA 68/09 – Instructions – for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988 (CAR 1988), enacted to ensure the safety of air navigation, were amended by F2009L00261 to address the need for specific instructions regarding the use of precision area navigation (P-RNAV) procedures by certain operators. This instrument, issued by the Civil Aviation Safety Authority (CASA), applies to Boeing 777 aircraft operated by Virgin Blue International Airlines Pty Ltd, trading as V Australia, and mandates adherence to safety standards and procedures when employing P-RNAV. The regulations require compliance with standards set out in Temporary Guidance Leaflet No. 10, including operational, training, and equipment criteria. The instrument is a legislative instrument under the Legislative Instruments Act 2003, subject to disallowance by the Parliament, although no consultation was undertaken as similar instructions had already been issued to other operators. The instrument is effective from the day after registration and ceases at the end of February 2011.

Scope and Application

The Civil Aviation Regulations 1988 Instructions apply specifically to Boeing 777 aircraft operated by Virgin Blue International Airlines Pty Ltd, trading as V Australia. These instructions pertain to the approved use of precision area navigation (P-RNAV) procedures, which are to be employed only in areas where such procedures have been authorised by the air safety authority or the air navigation service provider. The operator is mandated to adhere to a comprehensive set of safety standards and procedures outlined in Schedule 2, which include compliance with the operational and flight manuals, and specific criteria for airborne systems and training programs as detailed in the Joint Aviation Authority’s Temporary Guidance Leaflet No. 10. These instructions are a legislative instrument under the Legislative Instruments Act 2003 and are subject to disallowance in the Parliament. The instrument is effective from the day after registration until the end of February 2011, and while consultation under the Legislative Instruments Act has not been undertaken for this specific case, similar instruments have been issued to other operators who have demonstrated their capability to meet the safety conditions.

Key Provisions

The primary operative sections of the Civil Aviation Regulations 1988, particularly subregulation 179A(1) and (2), mandate that the Civil Aviation Safety Authority (CASA) can issue specific instructions regarding instrument flight rules (I.F.R.) flights, detailing navigation methods and the acquisition of positive position fixes. These instructions must be adhered to by the pilot in command of any aircraft. If such instructions are not issued as part of a Civil Aviation Order (CAO), they must be served to the relevant individual or published in a Notice to Airmen (NOTAMS) or an Aeronautical Information Publication (AIP) as per subregulations 179A(3) and (3A). The regulations impose significant obligations on the parties governed by them. For instance, under subregulation 179A(2), pilots must ensure their aircraft is equipped to navigate and obtain positive position fixes in accordance with CASA's instructions. Additionally, the operator, in this case, Virgin Blue International Airlines Pty Ltd trading as V Australia, must strictly adhere to the safety standards and procedures outlined in Schedule 2 of the instrument, particularly when employing precision area navigation (P-RNAV) procedures. This includes ensuring that the aircraft's operations and flight manuals comply with the Joint Aviation Authority's Temporary Guidance Leaflet No. 10 and that all airborne systems are certified by CASA for P-RNAV use. Training programs for flight crew must also meet specified standards, and appropriate briefings and guidance materials must be provided. Failure to comply with these regulations can result in various legal consequences. Firstly, any instruction that is not issued as a CAO is considered a disallowable instrument under subregulation 179A(3A) of CAR 1988 and must be tabled and can be disallowed in Parliament as per the Legislative Instruments Act 2003. Additionally, the operator must notify CASA in writing if it ceases to operate an aircraft listed in Schedule 1 within 14 days of such cessation. Non-compliance with these safety standards and procedures could lead to enforcement actions by CASA, potentially including fines or other penalties imposed under the Civil Aviation Act 1988. The specific maximum penalties for breaches are not detailed in the text, but they could range from financial penalties to more severe sanctions depending on the severity and impact of the breach on aviation safety.