Explanatory Statement
Civil Aviation Regulations 1988
Instructions — GNSS primary means navigation (B737NG andB777–300ER aircraft)
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to 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 (the I.F.R.), specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
Instructions
Current accepted procedures for the use of the Global Navigation Satellite System (GNSS) allow the use of satellite navigation for primary means navigation under the I.F.R. In addition, modern aircraft with the required level of navigation performance (RNP) have the capability to fly non-precision approaches using the RNP capabilities of the aircraft without using ground-based navigation aids.
Instrument CASA 187/13 was issued to Virgin Australia International Airlines Pty Ltd (the operator) to allow its Boeing 737NG and Boeing 777–300ER aircraft, being aircraft that have the required technology, to fly approaches using their RNP capabilities.
This instrument renews the instructions in CASA 187/13, which expires at the end of July 2016.
The instrument contains requirements and procedures subject to which non-precision approaches may be conducted using the aircraft’s navigation systems. These requirements include obtaining a prediction of GNSS availability for a proposed operation, the minimum navigation equipment required for the conduct of an operation in accordance with the instructions and use of an approved navigation database. The instructions also contain requirements for pre-flight checking procedures and procedures during flight, as well as flight crew training.
Legislation Act 2003 (the LA)
Under subregulation 179A (3A) of CAR 1988, an I.F.R. flight instruction that is not in the form of a Civil Aviation Order is a disallowable instrument for section 46A of the Acts Interpretation Act 1901.
Under section 57A of the LA, an instrument is a legislative instrument for the purposes of section 8 of the LA if it is declared to be a disallowable instrument under legislation in force before 1 January 2005. The instrument of instructions is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Consultation
Detailed consultation was undertaken with the operator in the making of CASA 187/13. The operator has requested the renewal of the instructions in that instrument.
The instrument only applies to the conduct of certain procedures by the operator. For this reason, CASA believes that no further consultation is necessary or appropriate.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The instrument commences on 1 August 2016 and is repealed at the end of 31 July 2019.
[Instrument number CASA 82/16]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Instructions — GNSS primary means navigation (B737NG and B777–300ER aircraft)
This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This legislative instrument contains instructions for the conduct of specified non-precision approach procedures by Virgin Australia International Airlines Pty Ltd in Boeing 737NG or Boeing 777–300ER aircraft that have an area navigation system that is capable of meeting specified navigation performance requirements.
The purpose of this legislative instrument is to renew the instructions in instrument CASA 187/13, which expires at the end of July 2016.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority