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 an aeronautical information publication (AIP).
Instructions
The instrument applies to a number of specially equipped A330-200 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 is similar to instruments issued to the operator for its other A330‑200 aircraft.
Duration
The instrument commences on the day after it is registered and stops having effect at the end of 31 July 2011.
The instrument has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA 72/08]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) Instructions for the approved use of P-RNAV procedures by Qantas Airways Limited were enacted to address the need for specific navigational standards and procedures for specially equipped A330-200 aircraft. These instructions were issued under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. The instrument was developed to ensure that Qantas's use of precision area navigation (P-RNAV) procedures complies with stringent safety standards, thereby enhancing air navigation safety. The instrument specifies that Qantas must adhere to the operational and safety standards outlined in its operations and flight manuals, which must meet the criteria set by the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. Furthermore, the airborne systems used for P-RNAV must meet performance and functional criteria approved by the Civil Aviation Safety Authority (CASA). The policy objective of this legislation is to maintain high safety standards in the operation of P-RNAV procedures by Qantas, ensuring compliance with international and domestic aviation safety regulations.
Scope and Application
The instrument, made under the Civil Aviation Regulations 1988, applies specifically to specially equipped Airbus A330-200 aircraft operated by Qantas Airways Limited. These regulations mandate that the operator must adhere to particular instructions when employing precision area navigation (P-RNAV) procedures. Such procedures can only be used in locations where they have been authorised by the air safety authority or the air navigation service provider. The instrument outlines a series of safety standards and procedures, which are detailed in Schedule 2, that the operator must follow. These include compliance with the standards outlined in Qantas’ operations manual and flight manual, which must align with the standards in Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Furthermore, the airborne systems installed in the aircraft must meet specific performance and functional criteria and be approved by the Civil Aviation Safety Authority (CASA) for P-RNAV operations. Flight crew training programs and briefings must also adhere to the standards specified in the temporary guidance leaflet. Additionally, the operator is required to notify CASA if it ceases to operate any aircraft listed in Schedule 1 within 14 days of such cessation. The instrument, not being a Civil Aviation Order, is considered a disallowable instrument under the Legislative Instruments Act 2003, thus subject to tabling and disallowance in Parliament.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) provide a framework for the regulation of civil aviation in Australia. Specifically, subregulation 179A(1) allows the Civil Aviation Safety Authority (CASA) to issue instructions regarding instrument flight rules (I.F.R.) flights, including navigation methods and positive position fixes. Subregulation 179A(2) mandates that an aircraft must not be flown under I.F.R. without the appropriate equipment to navigate and obtain positive position fixes as per the issued instructions. Subregulations 179A(3) and 179A(3A) further specify that instructions not issued as Civil Aviation Orders (CAO) must be served or published to ensure compliance.
The provided instrument pertains to the approved use of precision area navigation (P-RNAV) procedures by specially equipped A330-200 aircraft operated by Qantas Airways Limited. The operator must adhere to safety standards and procedures detailed in Schedule 2, ensuring compliance with their operations and flight manuals. These manuals must align with the standards outlined in sections 9 and 10 of the Joint Aviation Authority's Temporary Guidance Leaflet No. 10. Additionally, airborne systems must meet the performance and functional criteria specified in sections 6 and 7 of the guidance leaflet and be approved by CASA. The training program for flight crew must comply with the training standards in paragraph 10.5, and crew members must receive appropriate briefings and guidance material as outlined in section 10.
The instrument imposes several obligations on the operator. Firstly, it must ensure that all P-RNAV procedures are used only in areas where they are authorised by the air safety authority or air navigation service provider. The operator must also notify CASA in writing within 14 days of ceasing to operate an aircraft listed in Schedule 1. The instrument is a disallowable instrument under subregulation 179A(3A) of CAR 1988 and is therefore a legislative instrument subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA).
Failure to comply with the provisions of this instrument may result in civil or criminal penalties. Specifically, operating an aircraft under I.F.R. without the required equipment to navigate and obtain positive position fixes is an offence under subregulation 179A(2) of CAR 1988. While the exact penalties are not specified in the text, breaches of aviation regulations generally carry significant fines and potential imprisonment. Furthermore, the instrument being a disallowable instrument means that it could be subject to disallowance by Parliament, leading to its nullification.