CASA 72/11 – Instructions – for approved use of P-RNAV procedures

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulations concerning the safety of air navigation and operations within Australia. The regulations were introduced to address the need for stringent safety standards and procedures in the aviation industry, ensuring the protection of passengers, crew, and the general public. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act and the safety of air navigation, which includes the ability to issue instructions concerning Instrument Flight Rules (I.F.R.) flights. The policy objective behind these regulations is to maintain high safety standards in air navigation, ensuring that all aircraft are properly equipped and operated according to prescribed procedures. The instrument in question, which applies specifically to the Dassault aircraft VH-WIO operated by Balmoral Air Pty Ltd, mandates compliance with precision area navigation (P-RNAV) procedures as outlined in Schedule 3. This includes adherence to standards and procedures detailed in the operations manual and flight manual, which must align with the guidelines set forth in the Joint Aviation Authority's Temporary Guidance Leaflet No. 10.

Scope and Application

The instrument applies specifically to Balmoral Air Pty Ltd and its Dassault aircraft VH-WIO, requiring adherence to certain protocols when employing precision area navigation (P-RNAV) procedures. This legislation mandates that P-RNAV can only be utilised in areas where such procedures are authorised by the relevant air safety authority or air navigation service provider. The operator must ensure compliance with safety standards and procedures outlined in Schedule 3, which includes adherence to the specifications detailed in their operations and flight manuals, as well as the criteria set forth in Temporary Guidance Leaflet No. 10 by the Joint Aviation Authority. Additionally, airborne systems must meet specified performance and functional criteria, and flight crew must undergo appropriate training and receive necessary briefings. The instrument is subject to the Legislative Instruments Act 2003, meaning it is a legislative instrument and must be tabled and may be subject to disallowance by Parliament. Notably, while the instrument is a disallowable instrument, consultation under the Legislative Instruments Act has not been undertaken, as it mirrors similar instruments issued to other operators. The instrument is effective from the day after its registration until the end of March 2013.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) under consideration here are subregulations 179A(1), 179A(2), and 179A(3), which pertain to the issuance of instructions by the Civil Aviation Safety Authority (CASA) for Instrument Flight Rules (I.F.R.) flights, the compliance requirements for pilots, and the publication or service of these instructions respectively. Subregulation 179A(1) allows CASA to specify navigation methods and position-fixing techniques for I.F.R. flights. Subregulation 179A(2) mandates that aircraft must not be flown under I.F.R. unless they are equipped as per the specified instructions. Meanwhile, subregulations 179A(3) and 179A(3A) establish that any instruction not issued as a Civil Aviation Order (CAO) is a disallowable instrument, requiring either direct service or publication in a Notice to Airmen (NOTAM) or the Aeronautical Information Publication (AIP). The obligations and requirements imposed by this legislation are stringent and multifaceted. Balmoral Air Pty Ltd, the operator of the Dassault aircraft VH-WIO, must adhere to a series of safety standards and procedures outlined in Schedule 3 of the instrument. These include compliance with the standards detailed in the operations manual and flight manual, which must align with the standards in sections 9 and 10 of the Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authority. Airborne systems must meet the performance and functional criteria in sections 6 and 7 of the temporary guidance leaflet and must be approved by CASA for P-RNAV procedures. Furthermore, the training program for flight crew must comply with the standards in paragraph 10.5, and flight crew members must receive appropriate briefings and guidance as set out in section 10 of the temporary guidance leaflet. The legislation also outlines the consequences for non-compliance with these provisions. Any breach of the instructions, particularly if they are not issued in the form of a CAO, renders the instruction a disallowable instrument under subregulation 179A(3A) of CAR 1988. Under subparagraph 6(d)(i) of the Legislative Instruments Act 2003, such an instrument is subject to tabling and disallowance in the Parliament as per sections 38 and 42 of the LIA. The penalties for non-compliance are not explicitly detailed in the text but can be inferred to include both civil and criminal ramifications, given the stringent nature of aviation safety regulations. These could potentially include fines, imprisonment, or both, depending on the severity and impact of the non-compliance. The instrument, which applies specifically to the Dassault aircraft VH-WIO, specifies that P-RNAV procedures can only be used in areas where they are authorised by the air safety authority or air navigation service provider. The operator must ensure that all onboard systems meet the necessary certification criteria and that flight crew are adequately trained and briefed. Additionally, the operator is obligated to notify CASA within 14 days of ceasing to operate the specified aircraft. The instrument was issued by a delegate of CASA under subregulation 7(1) of CAR 1988 and is set to expire at the end of March 2013.