EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
INSTRUCTIONS UNDER REGULATION 179A RELATING TO THE USE OF THE GLOBAL NAVIGATION SATELLITE SYSTEM (GNSS)
VIRGIN BLUE TRIAL
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of 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 (I.F.R.) flights specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
Instrument CASA 112/03, issued under subregulation 179A (1), provides instructions as to how a pilot in command of an aircraft operating under the I.F.R. may use the Global Positioning System (GPS). Among other things, the instrument details the procedures for using GPS for carrying out non‑precision approaches. It specifies the navigational equipment that must be installed.
Aircraft operated by larger airlines have flight management computer systems (FMS) that differ from the equipment specified in CASA 112/03. They use GPS to update navigation data provided by multiple inertial reference systems (IRS) employing self‑contained laser guided gyroscopes.
Instrument CASA 547/04, contains procedures for the conduct of a trial by Virgin Blue Airlines Pty Ltd (Virgin Blue) of GPS non-precision approaches (NPA). The instrument required the pilot in command to comply with specific procedures for conducting a GPS NPA, including when a GPS NPA must be discontinued, and imposed reporting requirements on Virgin Blue. In addition, all flight crew were to be given a copy of the instrument before they participated in the trial. The aircraft and FMS equipment to be used in the trial were specified in the Schedule to that instrument.
Virgin Blue wishes to revise the list of aircraft involved in the trial. Instrument CASA 547/04 has therefore been revoked and remade, in a revised format, with the addition of the new aircraft which CASA is satisfied are capable of participating in the trial.
In November 2004, the International Civil Aviation Organization (ICAO) published a new instrument approach and landing chart (IAL) naming convention (ICAO Document 8168 referred to as PAN-OPS). It is Australian aviation policy that instrument flight procedures should conform to ICAO PAN-OPS rules. On 25 November 2004, therefore, the titles on Australian IALs changed to conform to the new ICAO convention.
This change has the effect that the current GPS non-precision approach procedures have been re-titled RNAV (GNSS). GNSS is the Global Navigation Satellite System, of which the US GPS is only one example. RNAV stands for Area Navigation. The only RNAV approach procedure currently available in Australia uses GPS. However, other systems may soon be available. RNAV (GNSS) is the ICAO generic term for these systems.
The modifications made to the revised Instructions to Virgin Blue reflect these changes of nomenclature.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares Instructions 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 2003 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 under section 17 of the LIA has not been undertaken in this case. The instrument has been requested by Virgin Blue, is for the purposes of a trial only and, with minor modifications, replaces an earlier instrument.
The instrument comes into effect at the start of the day after it is registered on the Federal Register of Legislative Instruments. The instrument stops having effect at the end of September 2005.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument Number: CASA 88/05]
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for civil aviation in Australia, addressing the need for safety, efficiency, and regulation within the industry. One of the key provisions of the Act is Section 98, which empowers the Governor-General to make regulations for the purposes of the Act, particularly concerning the safety of air navigation. In line with this, the Civil Aviation Regulations 1988 (CAR 1988) were introduced, giving the Civil Aviation Safety Authority (CASA) the authority to issue instructions under subregulation 179A(1) regarding Instrument Flight Rules (IFR) flights, including the use of the Global Navigation Satellite System (GNSS). This legislative framework was designed to ensure that aviation operations in Australia adhere to stringent safety standards and international conventions. The policy objective is to facilitate safe and efficient air navigation by providing clear guidelines and procedures for the use of GNSS, including GPS, in aviation operations.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Regulations 1988, governs the safety and operational standards of air navigation in Australia. The Act empowers the Governor-General to make regulations concerning air navigation safety, and the Civil Aviation Regulations 1988 provide the framework through which these regulations are implemented. Specifically, subregulation 179A(1) of the Civil Aviation Regulations 1988 allows the Civil Aviation Safety Authority (CASA) to issue instructions for Instrument Flight Rules (IFR) flights, detailing navigation methods and position fixes. CASA Instrument 112/03 pertains to the use of GPS for non-precision approaches under IFR, while CASA Instrument 547/04 was tailored for Virgin Blue Airlines' trial of GPS non-precision approaches, specifying procedures and equipment requirements. The trial's scope was later expanded by CASA Instrument 88/05, which incorporated updates in nomenclature and equipment specifications in line with ICAO's PAN-OPS rules. This legislative framework is subject to disallowance under the Legislative Instruments Act 2003, and the new instrument, being a legislative instrument, must be tabled in Parliament. The instrument is effective from the day of its registration and ceases to operate at the end of September 2005.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) allow the Civil Aviation Safety Authority (CASA) to issue instructions under subregulation 179A(1) concerning the navigation methods for aircraft operating under Instrument Flight Rules (I.F.R.). Specifically, Instrument CASA 112/03 provides guidelines for the use of the Global Positioning System (GPS) for navigation under I.F.R., including procedures for non-precision approaches, and specifies the required navigational equipment. This equipment is different from that used in larger airlines, which employ flight management computer systems (FMS) that integrate GPS with multiple inertial reference systems (IRS) for navigation. Instrument CASA 547/04 was introduced to regulate a trial by Virgin Blue Airlines Pty Ltd (Virgin Blue) for GPS non-precision approaches (NPA). This instrument detailed specific procedures for the trial, including when to discontinue a GPS NPA, and imposed reporting requirements on Virgin Blue. It also specified the aircraft and FMS equipment to be used in the trial.
Under the Civil Aviation Act 1988 and Civil Aviation Regulations 1988, CASA has the authority to issue instructions to ensure the safety of air navigation. The obligations imposed by these instruments include compliance with the specified procedures for GPS NPAs and adherence to the equipment requirements detailed in Instrument CASA 112/03. Virgin Blue, as part of their trial, must follow the procedures outlined in Instrument CASA 547/04, ensuring all flight crew are informed and that the specified aircraft and FMS equipment are used. The authority granted by subregulation 179A(3A) of CAR 1988 allows CASA to issue these instructions, which are subject to disallowance under the Legislative Instruments Act 2003. Furthermore, CASA must ensure that the trials comply with Australian aviation policy, which mandates that instrument flight procedures conform to the International Civil Aviation Organization (ICAO) standards, such as the new IAL naming convention (PAN-OPS).
Any breach of the regulations under the Civil Aviation Act 1988 and Civil Aviation Regulations 1988 could result in civil or criminal consequences. The specific penalties are not detailed in the explanatory statement but generally, non-compliance with air navigation safety regulations can lead to enforcement actions by CASA, including fines, suspension of operational permits, or other regulatory sanctions. Under the Legislative Instruments Act 2003, disallowance of the instructions by Parliament is also a potential consequence, which could render the trial invalid and subject Virgin Blue to further scrutiny and penalties. Given the critical nature of air navigation safety, strict adherence to the specified procedures and equipment requirements is imperative to avoid any adverse legal or operational repercussions.