CASA 81/11 — Instructions — for approved use of P-RNAV procedures (Express Freighters, B767-300F aircraft)

Overview

The Civil Aviation Regulations 1988 Instructions for approved use of P-RNAV procedures by Express Freighters, specifically for the Boeing 767-300F aircraft VH-EFR, were introduced to ensure compliance with safety standards and procedures for precision area navigation. Enacted by a delegate of the Civil Aviation Safety Authority (CASA) under subregulation 7(1) of the Civil Aviation Regulations 1988, the instrument addresses the need for precise navigation protocols to be followed by the operator, Express Freighters Australia Pty Ltd, when employing P-RNAV procedures. The primary policy objective is to maintain the highest safety standards in air navigation, ensuring that aircraft are equipped and operated according to stringent criteria set forth in relevant international guidance and CASA approvals. This legislative instrument is effective from the date of registration until the end of February 2013, and while it is not subject to disallowance, it is considered a legislative instrument under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 Instructions for approved use of P-RNAV procedures, specifically for the Boeing 767-300F aircraft operated by Express Freighters Australia Pty Ltd, outlines the regulatory framework governing the precision area navigation (P-RNAV) procedures for the specified aircraft. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and applies to the operation of the designated aircraft, ensuring adherence to prescribed safety standards and procedures. The instructions mandate compliance with standards and procedures detailed in the operator's manuals and the Joint Aviation Authority’s Temporary Guidance Leaflet No. 10 for P-RNAV operations in designated European airspace. The airborne systems must meet specific performance and functional criteria approved by the Civil Aviation Safety Authority (CASA). Additionally, the flight crew must undergo training that aligns with the guidance provided, and appropriate briefings and materials must be furnished as per the standards outlined in the temporary guidance leaflet. The instrument is effective from its registration until the end of February 2013, and it requires the operator to notify CASA if they cease operations with the aircraft within 14 days of such cessation.

Key Provisions

The main operative sections of the legislation are subregulations 179A(1), (2), (3), and (3A) of the Civil Aviation Regulations 1988 (CAR 1988), which pertain to Instrument Flight Rules (IFR) flights and the methods of navigation and obtaining positive position fixes. According to subregulation 179A(1), the Civil Aviation Safety Authority (CASA) can issue instructions specifying these methods. Under subregulation 179A(2), the pilot in command of an aircraft must not fly it under IFR if it is not equipped in accordance with the issued instructions. Subregulations 179A(3) and (3A) further detail that if these instructions are not in the form of a Civil Aviation Order (CAO), they are considered disallowable instruments and must be served on the applicable person or published in a Notice to Airmen (NOTAM) or an Aeronautical Information Publication (AIP). The Act imposes several obligations on the parties governed by these regulations. Firstly, Express Freighters Australia Pty Ltd, the operator of the Boeing 767-300F aircraft VH-EFR, must comply with specific safety standards and procedures when using precision area navigation (P-RNAV) procedures. This includes ensuring that the aircraft's operations manual and flight manual meet the requirements for P-RNAV procedures and that the airborne systems installed in the aircraft meet the performance and functional criteria set out in the temporary guidance leaflet issued by the Joint Aviation Authority. Additionally, the operator must ensure that the training program for flight crew adheres to the standards mentioned in the guidance leaflet, and that all flight crew members receive appropriate briefings and guidance material. CASA must also be notified in writing within 14 days of the cessation of the operator's use of the specified aircraft. The legislation outlines potential consequences for non-compliance with its provisions. Under subregulation 179A(3A) of CAR 1988, instructions not issued in the form of a CAO are disallowable instruments. This means that any failure to comply with the specified requirements for P-RNAV procedures could potentially lead to disallowance of the instrument in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Although consultation under section 17 of the LIA has not been undertaken in this case, the instrument follows similar requirements for other operators using P-RNAV procedures. The instrument is effective from the day of registration and ceases to have effect at the end of February 2013. It was made by a delegate of CASA under subregulation 7(1) of CAR 1988.