Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption – validation of RNP AR APCH (ICAO) procedure – Virgin Australia Airlines
Background
Performance-based Navigation (PBN) requires operators to satisfy specified requirements relating to equipment, flight crew and procedures before being authorised to use the navigation specifications on which PBN is based. A navigation specification may be either Area Navigation (RNAV) or Required Navigation Performance (RNP).
PBN involves a technologically-driven ICAO initiative to move from sensor-based to performance-based navigation in which different RNAV and RNP performance requirements can be defined in terms of the specific accuracy, integrity, availability, continuity and functionality required for a particular operation, in particular airspace, provided the requisite satellite, airborne and ground navigation equipment is in place.
One of ICAO’s highest priorities is to rapidly implement PBN in order to maximise the associated safety, economic and environmental benefits which have been made possible by advances in navigation technology and the development of internationally agreed standards. The goal is to safely maximise the utilisation of available airspace through initiatives such as reductions in oceanic and en route separation standards and track miles flown during approach-to-land procedures in terminal airspace.
Legislation
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.
Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
Under subsection 98 (5) of the Act, the regulations may provide that CASA may issue a Civil Aviation Order (CAO) containing, among other things, an instruction. Under subsection 98 (5AAA) of the Act, where regulations provide for an instrument to be issued in the form of a CAO, the CAO so made is a legislative instrument.
Powers to issue instructions and directions
Under regulation 11.245 of the Civil Aviation Safety Regulations 1998 (CASR 1998), for subsection 98 (5A) of the Act, CASA may, by instrument (such as a CAO), issue directions necessary for the safe navigation and operation of aircraft.
Under subregulation 11.245 (2) of CASR 1998, CASA may issue directions only if it is satisfied that it is necessary to do so in the interests of the safety of air navigation, without inconsistency with the Act, and only for the purposes of CASA’s functions.
Under paragraph 179A (1) (a) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions in relation to I.F.R. flights specifying the method by which an aircraft is to be navigated.
Under subregulations 179A (2) and (2A) of CAR 1988, it is a strict liability offence for the pilot in command of an aircraft to fly the aircraft under the I.F.R. if it is not equipped for navigation in accordance with the instructions issued under subregulation 179A (1).
Under subregulation 179A (4) of CAR 1988, CASA may give permission for an aircraft to be flown under the I.F.R. if the aircraft is not equipped in accordance with the instructions.
Civil Aviation Order 20.91
The Civil Aviation Order 20.91 (Instructions and directions for performance-based navigation) Instrument 2014 (CAO 20.91) was issued to comply with the International Civil Aviation Organization’s ICAO Doc 9613 Performance-based Navigation (PBN) Manual, 4th edition.
CAO 20.91 was made under regulation 179A of CAR 1988 and regulation 11.245 of CASR 1998.
CAO 20.91 deals with a new regulatory framework and authorisation process for PBN.
Under paragraph 1.4 of Appendix 7 of CAO 20.91, an RNP AR navigation authorisation may not be issued unless the aircraft meets the requirements of that Appendix.
Under paragraph 1.5 of Appendix 7 of CAO 20.91, RNP AR procedures may be designed to either ICAO Doc. 9905 criteria or to proprietary standards. Proprietary RNP AR designs use different terminology for some points in the procedure compared to the Doc. 9905 designs.
Paragraph 12.5 of Appendix 7 of CAO 20.91 relates to initial data validation of RNP AR procedures. Under paragraph 12.5, the operator must validate every RNP AR procedure before flying the procedure in instrument meteorological conditions (I.M.C.) to ensure compatibility with their aircraft and to ensure the resulting path matches the published procedure. As a minimum, the operator must:
(a) compare the navigation data for the procedure(s) to be loaded into the RNP system with the published procedure; and
(b) validate the loaded navigation data for the procedure in a simulator. The depicted procedure on the map display must be compared to the published procedure. The entire procedure must be flown to ensure the path does not have any apparent lateral or vertical path disconnects, and is consistent with the published procedure; and
(c) fly the procedure in visual meteorological conditions (V.M.C.) in an aircraft that is representative of the fleet make/model and configuration that will utilise the procedure. The entire procedure must be flown to ensure the path does not have any lateral or vertical path disconnects, and is consistent with the published procedure. During the procedure validation flight, the aircraft navigation, flight control, cockpit display and other systems functions must be verified to operate correctly and that the procedure is flyable; and
(d) once the procedure is validated, retain and maintain a copy of the validated navigation data for comparison to subsequent data updates.
Power to grant exemptions
Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of CASR 1998, CAR 1988 or the CAOs in relation to a matter mentioned in that subsection.
Under subregulation 11.160 (2) of CASR 1998, 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 11.210 of CASR 1998, it is an offence not to comply with a condition of an exemption.
Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.
Exemption
This instrument applies to Virgin Australia Airlines Pty Ltd, Aviation Reference Number 567591 (the operator), in relation to initial data validation of a Required Navigation Performance Authorisation Required Approach (ICAO) procedure (the procedure), designed to conform with:
(a) ICAO Doc 9613 Performance-based Navigation (PBN) Manual, Volume II, Part C, Chapter 6, Implementing RNP AR APCH; and
(b) ICAO Doc 9905 Required Navigation Performance Authorisation Required (RNP AR) Procedure Design Manual.
The operator is exempt from compliance with subclause 12.5 of Appendix 7 of CAO 20.91.
This exemption would permit the operator to validate the procedure in either a simulator or in the actual aircraft in V.M.C.
This exemption is subject to the condition that the operator must validate the procedure before flying the procedure in I.M.C. to ensure compatibility with its aircraft and to ensure the resulting path matches the published procedure. As a minimum, the operator must do the following:
(a) compare the navigation data for the procedure to be loaded into the RNP system with the published procedure;
(b) validate the loaded navigation data for the procedure, either in a simulator or in the actual aircraft in V.M.C. The depicted procedure on the map display must be compared to the published procedure. The entire procedure must be flown to ensure the path does not have any apparent lateral or vertical path disconnects, and is consistent with the published procedure;
(c) once the procedure is validated, retain and maintain a copy of the validated navigation data for comparison to subsequent data updates.
Legislative Instruments Act 2003 (the LIA)
Under section 5 of the LIA, subject to sections 6, 7 and 9 of the LIA, a legislative instrument is an instrument in writing that is of a legislative character, and that is or was made in the exercise of a power delegated by the Parliament.
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.
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. The instrument affects the operation of subclause 12.5 of Appendix 7 of CAO 20.91.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The operator has requested this instrument to allow it to conduct the initial data validation of the procedure in accordance with the ICAO requirements rather than the CAO 20.91 requirements. It is expected that the instrument will not have a negative impact on aviation safety. In these circumstances, 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 for exemptions (OBPR id: 14507).
Making and commencement
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
The exemption commences on the day of registration and expires at the end of September 2018, as if it had been repealed by another instrument.
[Instrument number CASA EX164/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption – validation of RNP AR APCH (ICAO) procedure – Virgin Australia Airlines
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 Virgin Australia Airlines Pty Ltd, Aviation Reference Number 567591 (the operator), from compliance with subclause 12.5 of Appendix 7 of Civil Aviation Order 20.91 (Instructions and directions for performance-based navigation) Instrument 2014 (CAO 20.91). The exemption is subject to conditions imposed by CASA in the interests of the safety of air navigation.
The purpose of the exemption is to allow the operator to conduct the initial data validation of a Required Navigation Performance Authorisation Required Approach (ICAO) procedure in accordance with the ICAO requirements rather than the CAO 20.91 requirements. It is expected that the exemption will not have a negative impact on aviation safety.
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