CASA EX09/16 - Exemption — GNSS requirements (Express Freighters Australia)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L00052 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption GNSS requirements (Express Freighters Australia)

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the safety of air navigation.

 

Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that a person must not use an Australian aircraft in a class of operation if it is not fitted with such instruments, or is not fitted with or carrying such equipment, as CASA has approved and directed. Under subregulation 5 (1) of CAR 1988, where CASA may issue directions under CAR 1988, it may do so in the form of a Civil Aviation Order (CAO).

 

CAO 20.18 sets out directions issued by CASA under regulation 207 of CAR 1988 in relation to the instruments and equipment to be carried on board aircraft. Paragraph 9D.5 of CAO 20.18 provides that, on and after 4 February 2016, an aircraft that is first registered before 6 February 2014 and that is engaged in regular public transport (RPT) operations or charter operations under instrument flight rules (I.F.R.), must carry specified equipment which include GNSS equipment.

 

Subsection 98 (5A) of the Act empowers CASA to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the CAOs. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Background

On 4 February 2016, new requirements on GPS/GNSS equipment for aircraft will come into effect that will allow GPS/GNSS to be the primary means of navigation. Australia is one of the first countries to implement this capability and the aviation industry has been aware of the associated GNSS equipment requirements for several years. However, overseas aircraft manufacturers and manufacturers of aircraft equipment have not issued updated service bulletins in response to the pending requirements. This is in part due to the manufacturers not being required to comply with GPS/GNSS requirements in their own countries until later this decade. As a result, Australian operators of foreign manufactured aircraft have encountered delays in sourcing the expertise and materials required.

 

Express Freighters Australia Pty Limited (the operator) operates a fleet of 4 B737-300 aircraft. The aircraft manufacturer, The Boeing Company (Boeing), has not provided assurance that updated service bulletins will be available for the operator to implement before 4 February 2016. Accordingly, the operator has requested that CASA issue a short-term exemption from GNSS equipment requirements for its fleet of B737 aircraft until late May 2016, after which time it is expected that the operator and Boeing will have made and implemented the necessary arrangements to comply with paragraph 9D.5 of CAO 20.18.

 

Instrument

CASA EX09/16 is an instrument that applies to each of the operator’s B737-300 aircraft that was first registered in Australia before 6 February 2014 and is engaged in RPT, or charter, operations under the I.F.R. The instrument exempts the operator’s aircraft from complying with paragraph 9D.5 of CAO 20.18, therefore, allowing these aircraft to be operated notwithstanding that they are not equipped with the GNSS equipment required under paragraph 9D.5.

 

The exemption is subject to a number of conditions imposed in the interests of navigational accuracy and aviation safety. The operator must ensure that each aircraft is equipped with 2 serviceable inertial reference systems and a serviceable flight management computer. Each aircraft must have DME/DME updating available for the aircraft (a DME/DME/IRU solution is the normal operating mode for these aircraft). The operator must identify any navigation aids necessary to achieve the accuracy required for the planned flight route or flight procedure (termed a critical navigation aid). If a critical navigation aid is not available for the flight route or procedure, then the operator must reschedule the flight until the critical navigation aid is available, or use an alternative route or procedure that does not require the use of the unavailable critical navigation aid. Finally, the operator must include a copy of the instrument in the operator’s operations manual.

 

Legislative Instruments Act 2003 (the LIA)

Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. Under subparagraph 6 (d) (i) of the LIA, an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. CAR 1988 was in force before the commencement of the LIA.

 

This instrument affects the operation of paragraph 9D.5 of CAO 20.18 and is, therefore, a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

The exemption has been issued at the request of the operator. It is of beneficial effect to the operator’s business. CASA has consulted Airservices Australia on the limited duration of the exemption (around 4 months) and conditions on the use of distance measuring equipment and critical navigation aids. More broadly, CASA is working closely with Airservices Australia on the implementation of GNSS navigation capability and discussions are continuing on clarifying aspects surrounding the operation of non-GNSS equipped aircraft along continental Australian routes after 4 February 2016. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

Making and commencement

The instrument has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

The instrument commences on 4 February 2016 and expires, as if it had been repealed by another instrument, at the end of 25 May 2016. It is expected that on 26 May 2016, Airservices Australia will implement route changes and decommission navigational aids.

 

[Instrument number CASA EX09/16]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — GNSS requirements (Express Freighters Australia)

 

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

The legislative instrument exempts B737-300 aircraft operated by Express Freighters Australia Pty Limited (the operator) from complying with GNSS equipment requirements that come into effect on 4 February 2016. The instrument is a short-term exemption of 3 months that allows the operator to make appropriate arrangements with the aircraft manufacturer to facilitate updating of aircraft equipment to meet the new standards. A number of conditions have been imposed in the interests of aviation safety, including conditions on route planning and the serviceability of flight management systems.

 

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

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide a comprehensive framework for ensuring the safety of air navigation in Australia. This regulatory framework empowers the Civil Aviation Safety Authority (CASA) to issue instruments and directions to maintain the safety of aircraft operations. One such instrument, CASA EX09/16, provides a short-term exemption from Global Navigation Satellite System (GNSS) equipment requirements for a specific operator, Express Freighters Australia, allowing their Boeing 737-300 aircraft to continue operations until they can comply with the new GNSS standards. This exemption aims to address the delays faced by operators of foreign-manufactured aircraft due to the unavailability of updated service bulletins from overseas manufacturers. The exemption is subject to stringent conditions to ensure that navigational accuracy and aviation safety are not compromised during the transitional period. The exemption is valid from 4 February 2016 until the end of 25 May 2016, aligning with CASA's broader efforts to implement GNSS navigation capability in Australia. This legislative instrument aligns with the policy objective of maintaining the highest standards of aviation safety while providing flexibility to address industry-specific challenges. CASA, in consultation with relevant stakeholders, including Airservices Australia, determined that the exemption is necessary to facilitate the necessary adjustments without unduly affecting safety. The instrument has been made in accordance with the Civil Aviation Act 1988 and is subject to parliamentary scrutiny under the Legislative Instruments Act 2003. It has been deemed compatible with human rights, as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, provide for the regulation of air navigation safety and aircraft operations within Australia. This includes the specification of equipment and instruments that must be carried on board aircraft. Subregulation 5(1) of the Civil Aviation Regulations 1988 allows the Civil Aviation Safety Authority (CASA) to issue directions, such as those found in Civil Aviation Orders (CAO). Specifically, CAO 20.18 outlines requirements for instruments and equipment, including Global Navigation Satellite System (GNSS) equipment, for aircraft engaged in regular public transport or charter operations under instrument flight rules (IFR). The Civil Aviation Safety Regulations 1998 also empower CASA to grant exemptions from CAO provisions, subject to certain conditions to ensure safety. The instrument CASA EX09/16 provides a short-term exemption for Express Freighters Australia Pty Limited's B737-300 aircraft from GNSS equipment requirements until late May 2016. This exemption is specifically for aircraft first registered before 6 February 2014 and is engaged in RPT or charter operations under IFR. The exemption is subject to conditions ensuring navigational accuracy and safety, including the requirement for inertial reference systems and flight management computers, as well as adherence to specific route planning criteria. The exemption is effective from 4 February 2016 until the end of 25 May 2016 and is subject to parliamentary disallowance under the Legislative Instruments Act 2003.

Key Provisions

The main operative sections of this instrument are section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation, and subregulation 11.160 of the Civil Aviation Safety Regulations 1998, which permits the Civil Aviation Safety Authority (CASA) to grant an exemption from a provision of the Civil Aviation Orders (CAO). This particular exemption, CASA EX09/16, applies to the B737-300 aircraft operated by Express Freighters Australia, allowing them to be operated without the required GNSS equipment until late May 2016. The obligations and requirements imposed by this Act and the subsequent exemption include ensuring that the aircraft are equipped with two serviceable inertial reference systems, a serviceable flight management computer, and DME/DME updating. The operator must also identify any critical navigation aids necessary for the planned flight route or procedure, and reschedule flights or use alternative routes if critical navigation aids are unavailable. Furthermore, the operator is required to include a copy of the exemption instrument in their operations manual and adhere to the specified conditions to ensure navigational accuracy and aviation safety. Any breach of the conditions set out in the exemption instrument could result in serious consequences. CASA has the authority to take enforcement action against the operator if the conditions are not met, potentially leading to flight cancellations or restrictions on the operation of the affected aircraft. While the specific penalties for non-compliance are not detailed in the instrument, they could include fines or other sanctions under the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. It is imperative that the operator adheres to the conditions to avoid such penalties and ensure continued compliance with aviation safety standards. The instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, given that it affects the operation of a Civil Aviation Order and is therefore a disallowable instrument. CASA has consulted with Airservices Australia regarding the exemption and does not consider further consultation necessary under the Legislative Instruments Act 2003. Finally, a Statement of Compatibility with Human Rights is provided, indicating that the instrument does not engage any of the applicable rights or freedoms and is therefore compatible with human rights.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.