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 the Cessna 680 aircraft VH-VPL (the aircraft) operated by Twentieth Super Pace Nominees Pty Ltd, trading as SCT Logistics (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 3.
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 the 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 28 February 2011.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 78/10]
Overview
The Civil Aviation Regulations 1988 Instructions, issued in 2010 under the Civil Aviation Act 1988, provide specific guidance for the approved use of precision area navigation (P-RNAV) procedures for the Cessna 680 aircraft VH-VPL operated by Twentieth Super Pace Nominees Pty Ltd, trading as SCT Logistics. The problem this legislation addresses is ensuring the safe and compliant use of P-RNAV procedures, particularly in areas where these procedures are authorised by the air safety authority or air navigation service provider. The Civil Aviation Regulations 1988, enacted by the Australian Parliament, empower the Civil Aviation Safety Authority (CASA) to issue such instructions to ensure safety in air navigation. The policy objective here is to ensure that the aircraft is navigated safely and in compliance with the required standards and procedures for P-RNAV operations. This is achieved through adherence to specific safety standards and operational protocols as outlined in the relevant manuals and temporary guidance leaflet issued by the Joint Aviation Authority.
Scope and Application
The instrument applies to Twentieth Super Pace Nominees Pty Ltd, trading as SCT Logistics, and its Cessna 680 aircraft registered as VH-VPL, specifically regarding the approved use of precision area navigation (P-RNAV) procedures in Instrument Flight Rules (IFR) flights. The operator is required to adhere to a set of safety standards and procedures outlined in Schedule 3 of the instrument, which ensures compliance with standards and procedures mentioned in the operations manual and flight manual, as well as those stipulated by the Joint Aviation Authority’s Temporary Guidance Leaflet No. 10. Additionally, any airborne systems installed in the aircraft must meet specific performance and functional criteria approved by CASA. The flight crew must be appropriately trained and briefed in accordance with the standards outlined in the temporary guidance leaflet. The instrument also requires the operator to notify CASA within 14 days of ceasing operations of the specified aircraft. The instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, and while consultation has not been undertaken in this instance, it aligns with similar requirements for other operators using P-RNAV procedures. The instrument comes into effect on the day after registration and remains in force until 28 February 2011.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this legislation are sections 98, 179A(1), 179A(2), 179A(3), and 179A(3A). Section 98 of the Civil Aviation Act 1988 provides the authority for the Governor-General to make regulations for the safety of air navigation, which includes issuing instructions for Instrument Flight Rules (I.F.R.) flights. Subregulation 179A(1) of CAR 1988 permits the Civil Aviation Safety Authority (CASA) to issue instructions regarding the navigation method and positive position fixes for aircraft under I.F.R. Subregulation 179A(2) mandates that pilots must not operate an aircraft under I.F.R. unless it is equipped to comply with these instructions. Furthermore, subregulations 179A(3) and 179A(3A) specify that instructions not issued as Civil Aviation Orders (CAO) must either be served individually or published in relevant aviation publications.
The Act imposes several obligations and requirements on the parties it governs. For the operator, Twentieth Super Pace Nominees Pty Ltd trading as SCT Logistics, there is a requirement to adhere to a series of safety standards and procedures when using precision area navigation (P-RNAV) procedures. This includes ensuring that the aircraft, VH-VPL, complies with the specific requirements outlined in its operations manual and flight manual. These manuals must align with the standards and procedures 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 CASA approval. The training program for flight crew must comply with the training standards mentioned in paragraph 10.5, and crew members must receive appropriate briefings and guidance material as outlined in section 10 of the temporary guidance leaflet.
Any failure to comply with the instructions could lead to significant consequences. Under subregulation 179A(3A) of CAR 1988, instructions that are not in the form of a CAO are considered disallowable instruments and are subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. This means that non-compliance with these instructions could result in civil or criminal penalties, although the specific penalties are not detailed within this particular legislative instrument. However, the broader regulatory framework under which CASA operates suggests that serious breaches could lead to fines, imprisonment, or both, depending on the severity of the violation.