CASA 682/08 - Instructions - for approved use of P-RNAV procedures

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2009L00042 Not in force Legislative Instrument

Legislation content

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 the Gulfstream GIV aircraft VH-CGF (the aircraft) operated by Crown Melbourne 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 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 the day after it is registered and stops having effect at the end of December 2010.

 

The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.

 

[Instrument number CASA 682/08]

 

Overview

The Civil Aviation Regulations 1988, as amended, are administered by the Civil Aviation Safety Authority (CASA) and encompass various regulations and standards aimed at ensuring the safety of civil aviation in Australia. One specific legislative instrument issued under these regulations is F2009L00042, which provides instructions for the approved use of Precision Area Navigation (P-RNAV) procedures for a particular aircraft operated by Crown Melbourne Limited. This legislation was introduced to address the need for specific navigational standards and procedures to be followed when using P-RNAV technology, ensuring that aircraft operations meet the required safety standards. The instrument was enacted to provide detailed operational guidelines and safety standards for the use of P-RNAV procedures, ensuring that the aircraft in question is compliant with the necessary regulatory requirements and that the operations are conducted safely and effectively. The instrument was developed under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, with the intent to maintain high safety standards in civil aviation by providing precise instructions for the use of advanced navigational procedures.

Scope and Application

The instrument applies to the Gulfstream GIV aircraft VH-CGF operated by Crown Melbourne Limited, stipulating specific instructions for the use of precision area navigation (P-RNAV) procedures. This regulation is pertinent to the aircraft and its operator and mandates compliance with a series of safety standards and procedures as outlined in Schedule 2, ensuring the safe use of P-RNAV methods. These procedures must only be employed in areas where such practices are authorised by the relevant air safety authority or air navigation service provider. The operator is obliged to adhere to the P-RNAV requirements detailed in their operations manual and flight manual, which must conform to the standards and procedures outlined in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Additionally, 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 received approval from CASA for use with P-RNAV procedures. The flight crew must also undergo a training program that meets the standards set out in paragraph 10.5 of the temporary guidance leaflet, and they must be provided with appropriate briefings and guidance material as mentioned in section 10 of the leaflet. The operator must notify CASA in writing within 14 days of ceasing to operate the specified aircraft. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. Notably, consultation under section 17 of the Legislative Instruments Act was not undertaken for this instrument, as it mirrors similar instruments issued to other operators with identical P-RNAV procedure requirements. The instrument is effective from the day following its registration and will cease to have effect at the end of December 2010.

Key Provisions

The main operative sections of this legislation are subregulations 179A(1), (2), and (3) of the Civil Aviation Regulations 1988 (CAR 1988). Subregulation 179A(1) allows the Civil Aviation Safety Authority (CASA) to issue instructions specifying the methods for navigating and obtaining positive position fixes for Instrument Flight Rules (I.F.R.) flights. Subregulation 179A(2) mandates that pilots in command cannot operate an aircraft under I.F.R. if it is not equipped for navigation and to obtain positive position fixes as per the issued instructions. Subregulation 179A(3) and (3A) state that instructions not issued as Civil Aviation Orders (CAO) must be served on the relevant person or published in NOTAMS or AIP. This specific instrument applies to the Gulfstream GIV aircraft VH-CGF operated by Crown Melbourne Limited and details the approved use of precision area navigation (P-RNAV) procedures. The obligations imposed by the Act on the operator include adhering to the safety standards and procedures outlined in Schedule 2, which are in turn based on the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. The operator must ensure that the aircraft's operations manual and flight manual comply with these standards. Airborne systems must meet specific performance and functional criteria, and training programs for flight crew must adhere to the standards outlined in the guidance leaflet. Flight crew members must receive appropriate briefings and guidance material. Additionally, the operator must notify CASA within 14 days of ceasing to operate the specified aircraft. The instrument also delineates the consequences for non-compliance. If the operator fails to adhere to the safety standards and procedures, it could potentially breach aviation safety regulations. Although the specific civil or criminal penalties are not detailed in the instrument, non-compliance with Civil Aviation Regulations 1988 can lead to severe consequences, including fines and imprisonment. The instrument is a legislative instrument under the Legislative Instruments Act 2003, which means it is subject to tabling and disallowance in the Parliament. However, consultation under section 17 of the Legislative Instruments Act has not been undertaken as the instrument is similar to others issued to operators with the same requirements. The instrument comes into effect on the day after it is registered and ceases to have effect at the end of December 2010.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.