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 the Aeronautical Information Publication (AIP).
The instrument applies to a number of specially equipped Airbus 330-202 aircraft listed in Schedule 1 (the aircraft) and operated by Jetstar Airways Pty 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 Schedule 3 to the instrument, 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 replaces a previous instrument, CASA 483/10, issued to the same operator. It includes a new aircraft that CASA has assessed may safely use P-RNAV procedures in accordance with the instrument. A similar instrument would be issued to any appropriate operator who could meet equivalent safety conditions.
Duration
The instrument commences on the day of registration and stops having effect at the end of 31 January 2013.
The instrument has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 71/11]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety and efficiency of air navigation within Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations for the Act, including those governing air navigation safety. The instrument in question, issued by the Civil Aviation Safety Authority (CASA), provides specific instructions for the approved use of Precision Area Navigation (P-RNAV) procedures for certain Airbus 330-202 aircraft operated by Jetstar Airways Pty Limited. The instructions are designed to align with the safety standards set forth in Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority, ensuring that these aircraft are equipped, crewed, and operated in accordance with stringent safety requirements. This instrument was created to fill a gap in ensuring that P-RNAV procedures are safely implemented for these particular aircraft and operators. The instrument is a legislative instrument as declared under the Legislative Instruments Act 2003, and although it is not subject to disallowance in Parliament, it must be tabled.
Scope and Application
The Civil Aviation Regulations 1988 Instructions for the approved use of P-RNAV procedures by Jetstar Airways Pty Limited, specifically concerning certain Airbus 330-202 aircraft, detail the regulatory framework governing the safe use of precision area navigation procedures in air navigation. This instrument applies directly to Jetstar Airways as the operator of the specially equipped aircraft listed in Schedule 1, ensuring compliance with stringent safety and operational standards when using P-RNAV procedures. It mandates adherence to standards and procedures outlined in Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority, ensuring the airborne systems meet specified performance criteria and that flight crews are adequately trained and briefed. This regulatory measure extends to national airspace, reflecting the Commonwealth's jurisdiction over civil aviation safety. The instrument is subject to disallowance under the Legislative Instruments Act 2003 and comes into effect from the date of registration, ceasing to have effect on 31 January 2013.
Key Provisions
The Civil Aviation Regulations 1988, specifically under subregulation 179A(1), allow the Civil Aviation Safety Authority (CASA) to issue instructions concerning instrument flight rules (IFR) flights, detailing the navigation methods and how to achieve positive position fixes (para 1). These instructions are imperative for pilots, who under subregulation 179A(2) are prohibited from flying under IFR if their aircraft are not equipped to meet these specified navigation requirements (para 2). Furthermore, any instruction not issued as a Civil Aviation Order (CAO) must be served individually or published widely as per subregulations 179A(3) and (3A) (para 3).
The Civil Aviation Regulations 1988 impose several obligations on Jetstar Airways Pty Limited, the operator of the specially equipped Airbus 330-202 aircraft listed in Schedule 1. These obligations include ensuring compliance with P-RNAV procedures as outlined in the operations manual and flight manual, which must adhere to the standards and procedures detailed in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority (para 4). The airborne systems installed in the aircraft must meet the performance and functional criteria set forth in sections 6 and 7 of the temporary guidance leaflet and be approved by CASA for use with P-RNAV procedures (para 5). Additionally, Jetstar Airways must ensure that their flight crew training programs comply with the standards mentioned in paragraph 10.5 of the temporary guidance leaflet, and that all crew members receive appropriate briefings and guidance material as stipulated in section 10 of the leaflet (para 6).
Violations of the instructions outlined in the Civil Aviation Regulations 1988 can lead to civil and criminal consequences. Subregulation 179A(3A) of CAR 1988 declares that instructions not issued as CAOs are disallowable instruments and must be subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 (para 7). While specific penalties are not detailed in the explanatory statement, the implications of non-compliance could include legal action against the operator, potential grounding of the aircraft, and safety risks to the flight operations (para 8). Furthermore, the operator must notify CASA within 14 days of ceasing to operate any of the listed aircraft (para 9).