CASA EX13/06 - Exemption - from requirement to carry published charts

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Legislation au F2006L00752 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Exemption — from requirement to carry published charts

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

 

Regulations

Under paragraph 233 (1) (h) of the Civil Aviation Regulations 1988 (CAR 1988), before commencing a flight, the pilot in command of an aircraft must ensure that there is on board the aircraft, and accessible to the flight crew, the latest aeronautical charts for the route and any alternative route, as published in AIP or by a person approved by CASA.

 

Under subregulation 308 (1) of CAR 1988, CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988. Before issuing an exemption, CASA must take into account all considerations relating to the interests of safety. Under subregulation 308 (3), an exemption is subject to the person complying with any conditions which CASA specifies as necessary in the interests of safety.

 

Jeppesen charts

Jeppesen Sanderson Inc. (Jeppesen) is an approved person under paragraph 233 (1) (h) of CAR 1988. It publishes aeronautical charts that are acceptable to CASA for use in Australian air navigation.

 

Publication is controlled under the Aeronautical Information Regulation and Control system (AIRAC). This arises from ICAO Annex 15 — Aeronautical Information Services which defines a series of common dates and an associated standard aeronautical information publication procedure for ICAO States.

 

Information provided under the AIRAC system must be published and distributed at least 42 days in advance of the effective date with the objective of reaching recipients at least 28 days in advance of the effective date.

 

ILS at Sydney

The instrument landing system (ILS) for runway 16R at Kingsford Smith aerodrome, Sydney (KSA) will be unserviceable for several weeks while part of it is relocated. This will mean that, in the absence of other approved procedures, pilots must use the VHF-omni range (VOR) for approaches and departures under the Instrument Flight Rules (I.F.R.). As compared with ILS, use of VOR in I.F.R. requires superior weather conditions. If these conditions are not met, alternative landing arrangements must be made which can cause passenger delays.

 

Qantas trial of RNAV (RNP-AR)

Under subregulation 178 (1) of CAR 1988, the pilot in command of an aircraft must not fly along a route segment at a height lower than the published lowest safe altitude (LSALT) for that segment. However, paragraph 178 (4) (c) provides an exemption from these requirements if the flight is during a published authorised instrument approach procedure (IAP) or a published authorised instrument departure procedure (IDP) designed by a certified designer.

 

Under subregulation 179A (1) of CAR 1988, CASA may issue instructions in relation to I.F.R. flights specifying the method by which an aircraft is to be navigated when in I.F.R. flight. On 25 January 2006, CASA issued instrument CASA 19/06 to Qantas Airways Ltd (Qantas) to enable a trial of certain instrument approach and departure procedures in computer-assisted area navigation operations (RNAV (RNP-AR)). Instrument CASA 19/06 contains instructions for the operations for I.F.R. flights as part of the RNAV (RNP-AR) trial. Instrument CASA 19/06 also contains an exemption from the requirement that to fly lower than the LSALT the relevant IAP or IDP must be published

On 13 January 2006, CASA issued instrument CASA EX01/06 to Naverus Inc., the certified designer of the RNAV (RNP-AR) IAP and IDP for the Qantas trial, exempting it from the requirements of, among other things, regulation 173.100 of the Civil Aviation Safety Regulations 1998 in relation to publication of the procedures in AIP. Because the operations are a trial, the relevant procedures have not been published in AIP. They will, however, be published in due course by Jeppesen in accordance with the AIRAC process.

New procedures designed

To avoid the necessity of using VOR in place of the ILS at runway 16R during the Qantas trial, with its potential for consequential delays for passengers, Qantas requested Naverus to design an RNAV (RNP-AR) approach and departure procedure that specifically addresses the problem. This will enable the Qantas trial to continue in the absence of the ILS and without dependency on the VOR.

In due course, Jeppesen will publish the new charts in accordance with the AIRAC process. However, to bring the new procedures into effect immediately for the trial, Qantas requested an exemption for its pilots in command to allow them to carry the new charts on board without breaching the requirement in paragraph 233 (1) (h) that they be published charts.

 

Instrument

The instrument, therefore, applies only to pilots in command of RNP-capable Boeing 737-800 aeroplanes in the Qantas trial and using runway 16R at KSA.

It will exempt the pilots from the requirement that the relevant navigation charts for approaches and departures on 16R must be those that are published in AIP or by an approved person.

There is a safety condition that the pilot in command must ensure that the charts for 16R must be originals or exact copies of the charts designed by Naverus for Qantas for the flight.

 

Legislative Instruments Act

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 under legislation in force before the commencement of the LIA. Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. This exemption is, therefore, a legislative instrument and is 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 because the instrument arises from the approved trial and is for a specific operator, at a specific aerodrome, during a specific period.

 

The instrument comes into effect on 9 March 2006 and stops having effect at the end of 31 May 2006.

 

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 EX13/06]

Overview

The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation in Australia, empower the Governor-General to establish regulations through the Civil Aviation Act 1988. This legislative framework was established to address gaps in air navigation safety and operational efficiency, ensuring that all aviation activities are conducted with the utmost regard for safety and regulatory compliance. The Civil Aviation (All Aircraft) Regulations 1991, under the authority of the Act, mandate that pilots must carry published aeronautical charts for their routes. However, the Civil Aviation Safety Authority (CASA) has the power to exempt certain operations from these requirements, provided that safety is not compromised. This regulatory flexibility is crucial for accommodating specific operational needs and innovations in air navigation, such as the trial of RNAV (RNP-AR) procedures by Qantas, which necessitated immediate adjustments to navigation charts before they were formally published. The policy objective of these exemptions is to enhance operational efficiency and safety by allowing for timely implementation of new navigation procedures during critical operational trials.

Scope and Application

The instrument issued under the Civil Aviation Regulations 1988 pertains specifically to pilots in command of RNP-capable Boeing 737-800 aeroplanes participating in a trial conducted by Qantas Airways Ltd, utilising runway 16R at Kingsford Smith aerodrome in Sydney. The exemption applies exclusively to this trial period and operational context. It allows these pilots to carry onboard navigation charts for approaches and departures on runway 16R that have not yet been published in the Aeronautical Information Publication (AIP) or by an approved entity, which is typically required under the Civil Aviation Regulations 1988. This exemption is necessary to facilitate the Qantas trial without relying on the instrument landing system (ILS) during its unserviceable period, thereby avoiding potential passenger delays caused by inferior weather conditions needed for using the VHF-omni range (VOR). However, a critical safety condition applies; the pilot in command must ensure that the charts used are originals or exact copies of those designed by Naverus for Qantas for the flight in question. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament, though consultation was not undertaken due to the specific nature of the exemption. It is effective from 9 March 2006 until the end of 31 May 2006, and has been authorised by a delegate of the Civil Aviation Safety Authority (CASA) in accordance with the Civil Aviation Regulations 1988.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) have several key sections that govern the operation of aircraft in Australia. Specifically, section 233(1)(h) requires that pilots must ensure that the latest aeronautical charts for the intended route and any alternate routes are on board the aircraft and accessible to the flight crew. These charts must be published in the Aeronautical Information Publication (AIP) or by an approved entity such as Jeppesen Sanderson Inc. (Jeppesen). Under subregulation 308(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) can grant exemptions to aircraft or individuals associated with the operation of the aircraft from complying with specific provisions of the CAR 1988, provided that safety considerations are taken into account and any necessary conditions are specified. CASA can issue exemptions to ensure compliance with the Civil Aviation Regulations 1988, particularly when it concerns the safety of air navigation. Such exemptions must be granted with due consideration for safety, as outlined in subregulation 308(3) of CAR 1988. Any exemption granted is subject to specific conditions deemed necessary by CASA to maintain safety standards. These conditions must be adhered to by the person or entity to whom the exemption is granted. This regulatory framework ensures that while flexibility is provided in certain circumstances, the paramount importance of safety is always upheld. Breaches of the Civil Aviation Regulations 1988 can result in both civil and criminal consequences. Although the explanatory statement does not explicitly detail the penalties, non-compliance with regulations governing the carriage of aeronautical charts or failure to adhere to conditions of an exemption could lead to enforcement actions by CASA. These actions may include fines, revocation of licenses, or other penalties as prescribed by relevant aviation laws. The severity of the penalty would depend on the nature and extent of the breach, as well as any harm or risk posed to aviation safety. The instrument CASA EX13/06 is a legislative instrument under the Legislative Instruments Act 2003 (LIA), which means it is subject to tabling and disallowance in the Parliament. This instrument exempts Qantas pilots in command of RNP-capable Boeing 737-800 aeroplanes from the requirement to carry only published charts for specific flight operations at Sydney Kingsford Smith Airport (KSA). This exemption is valid from 9 March 2006 to 31 May 2006, ensuring that Qantas can proceed with its RNAV (RNP-AR) trial without being hindered by the unavailability of the ILS at runway 16R. The exemption was issued by the Deputy Chief Executive and Chief Operating Officer of CASA, who is a delegate authorised to make such decisions under subregulation 7(1) of CAR 1988.

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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.