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), 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 Airbus 380-800 aircraft (the aircraft) operated by Qantas Airways 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 the instrument, the operator is instructed to comply with a series of safety standards and procedures set out in Schedule 2.
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 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 revokes and replaces a previous instrument, CASA 440/08, issued to the same operator with the addition of 5 new aircraft all of which meet the same requirements for operations using P-RNAV procedures.
Duration
The instrument commences on the day after it is registered and stops having effect at the end of November 2010.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 681/08]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulations for the safe operation of civil aviation in Australia. These regulations were established to address the need for stringent safety standards and procedures in the aviation industry, ensuring the safety of air navigation and operations. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act and the safety of air navigation. The instrument in question, CASA 681/08, issued under subregulation 179A(1) of the CAR 1988, provides specific instructions for Qantas Airways Limited regarding the approved use of Precision Area Navigation (P-RNAV) procedures for its Airbus 380-800 aircraft. These instructions aim to ensure that the aircraft are equipped and operated in accordance with prescribed safety standards, reflecting the policy objective of maintaining high safety standards in civil aviation. The instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. It revokes and replaces a previous instrument, CASA 440/08, with additional requirements for five new aircraft that meet the same operational standards.
Scope and Application
The instrument issued under the Civil Aviation Regulations 1988 specifies instructions for Qantas Airways Limited regarding the approved use of precision area navigation (P-RNAV) procedures for Airbus 380-800 aircraft. These instructions are mandatory and apply specifically to the aircraft listed in Schedule 1 of the instrument, which includes five additional aircraft to those covered by a previous instrument. The instrument mandates compliance with a series of safety standards and procedures outlined in Schedule 2, which include adherence to requirements in the operations manual and flight manual, ensuring airborne systems meet specified performance and functional criteria approved by the Civil Aviation Safety Authority (CASA), and implementing a training program for flight crew that meets standards outlined in Temporary Guidance Leaflet No. 10 by the Joint Aviation Authority. P-RNAV procedures may only be used where authorised by the air safety authority or air navigation service provider. The instrument is a legislative instrument subject to the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in Parliament. It comes into effect on the day after registration and ceases to have effect at the end of November 2010.
Key Provisions
The main sections of the instrument, subregulations 179A(1) to 179A(3A) of the Civil Aviation Regulations 1988 (CAR 1988), mandate that the Civil Aviation Safety Authority (CASA) can issue instructions for Instrument Flight Rules (I.F.R.) flights, including methods of navigation and obtaining positive position fixes. The pilot in command must ensure the aircraft is equipped according to these instructions, and any unencapsulated instructions must be served or published. The instrument applies specifically to Airbus 380-800 aircraft operated by Qantas Airways Limited and outlines the necessary compliance with precision area navigation (P-RNAV) procedures as per Schedule 2. This includes adherence to safety standards and procedures detailed in the operations and flight manuals, which must align with the Joint Aviation Authority’s Temporary Guidance Leaflet No. 10. Additionally, airborne systems must meet CASA-approved performance and functional criteria, and flight crew must complete a CASA-compliant training program and receive appropriate briefings.
The obligations imposed on Qantas Airways Limited under the instrument are comprehensive and cover various aspects of P-RNAV operations. The operator must ensure that its operations manual and flight manual comply with the standards set forth in the Joint Aviation Authority’s Temporary Guidance Leaflet No. 10. Specifically, airborne systems must meet CASA-approved performance and functional criteria and be installed in the aircraft. Flight crew must complete a CASA-compliant training program and receive appropriate briefings and guidance material as set out in section 10 of the temporary guidance leaflet. Furthermore, the operator must notify CASA in writing within 14 days of ceasing to operate any aircraft listed in Schedule 1. This ensures ongoing regulatory compliance and provides CASA with up-to-date information on the status of P-RNAV operations.
The instrument also outlines the potential consequences for non-compliance. Under subregulation 179A(3A) of CAR 1988, the instructions are considered disallowable instruments, subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). This legal framework imposes significant penalties and consequences for non-compliance, including the potential for criminal and civil liability. While the exact penalties are not specified in the instrument, the seriousness of the regulatory oversight and the implications of non-compliance with aviation safety standards suggest that penalties could be severe, potentially including fines or other legal actions to ensure compliance and uphold safety standards.