Explanatory Statement
Civil Aviation Regulations 1988
Exemption — carriage of aeronautical maps, charts and other aeronautical information and instructions
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt an aircraft from compliance with specified provisions of CAR 1988. Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety.
Under paragraph 233 (1) (h) of CAR 1988, the pilot in command of an aircraft must not commence a flight if he or she has not received evidence, and taken such action as is necessary to ensure, that the latest aeronautical maps, charts and other aeronautical information and instructions published in AIP or by a person approved in writing, that are applicable to the route to be flown and to any alternative route that may be flown on the flights, are carried in the aircraft and are readily accessible to the flight crew.
Jetstar Airways Pty Limited (Jetstar) has been issued with an approval to conduct a trial of certain Area Navigation (Required Navigation Performance Authorisation Required) instrument approach and departure procedures (RNP-AR IAP and IDP) designed by Naverus Inc (Naverus). These are sophisticated, computer-assisted area navigation operations with particular performance requirements for which a CASA authorisation is required.
Naverus is not approved to prepare and publish aeronautical maps, charts and other aeronautical instructions.
The instrument enables the trial to take place in controlled circumstances by permitting Jetstar to use the Naverus instruments procedures charts in accordance with the documents titled Jetstar Application to conduct Airbus A320 RNP AR Operations Version 1.0 dated 29 June 2007 and Jetstar Application for Navigation Authorisation RNP AR (Queenstown NZ) Version 1.2 dated 5 March 2010.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption 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 if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is being made to facilitate the conduct of a trial by Jetstar that has been approved after consultations.
The instrument commences on the day after it is registered and stops having effect at the earlier of: instrument CASA 109/10 ceasing to have effect; or the end of 31 March 2011.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX30/10]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were amended in 2010 to provide an exemption for Jetstar Airways Pty Limited (Jetstar) concerning the carriage of aeronautical maps, charts, and other aeronautical information and instructions. This exemption was enacted to facilitate a trial approved by the Civil Aviation Safety Authority (CASA) for Jetstar's use of advanced Area Navigation (Required Navigation Performance Authorisation Required) instrument approach and departure procedures designed by Naverus Inc. The exemption addresses a gap in the regulatory framework by allowing Jetstar to operate under specific conditions that ensure safety, despite Naverus not being approved to prepare and publish the necessary aeronautical maps and charts. The exemption is subject to CASA's conditions and is a legislative instrument, which is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This legislative amendment aims to foster innovation in aviation procedures while maintaining stringent safety standards.
Scope and Application
The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, empowers the Governor-General to enact regulations for the Act and the safety of air navigation. Specifically, subregulation 308(1) of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt an aircraft from certain provisions of the CAR 1988, subject to conditions deemed necessary for safety by CASA as outlined in subregulation 308(3). This legislative framework enables the exemption of Jetstar Airways Pty Limited (Jetstar) from specific compliance requirements, facilitating a trial of Area Navigation (Required Navigation Performance Authorisation Required) instrument approach and departure procedures designed by Naverus Inc. This exemption is subject to the stipulation in paragraph 233(1)(h) of CAR 1988 that pilots must carry the latest aeronautical maps, charts, and other aeronautical information and instructions applicable to the flight route. The exemption is also a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament. The instrument, which is exempt from consultation under section 17 of the LIA, commences on the day after its registration and remains in effect until the earlier of the cessation of CASA instrument CASA 109/10 or the end of 31 March 2011.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) provide that the Civil Aviation Safety Authority (CASA) may exempt an aircraft from compliance with specified provisions of the regulations, under subregulation 308(1). This exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary for safety, as outlined in subregulation 308(3). For example, paragraph 233(1)(h) of CAR 1988 requires that the pilot in command must ensure that the latest aeronautical maps, charts and other aeronautical information and instructions are carried in the aircraft and readily accessible to the flight crew before commencing a flight. In the specific case of Jetstar Airways, an exemption has been granted to conduct a trial of certain Area Navigation (Required Navigation Performance Authorisation Required) instrument approach and departure procedures (RNP-AR IAP and IDP) designed by Naverus Inc, allowing Jetstar to use Naverus's instrument procedures charts.
The obligations imposed by this exemption require Jetstar to adhere to the conditions specified by CASA to ensure the safety of the trial. Jetstar must ensure that the specified RNP-AR IAP and IDP procedures are used in accordance with the documents titled Jetstar Application to Conduct Airbus A320 RNP AR Operations Version 1.0 dated 29 June 2007 and Jetstar Application for Navigation Authorisation RNP AR (Queenstown NZ) Version 1.2 dated 5 March 2010. This exemption ensures that Jetstar can proceed with the trial in controlled circumstances, while still maintaining the necessary safety standards.
The Civil Aviation Regulations 1988 state that the exemption is a disallowable instrument under subregulation 308(4). This means that it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). This provision ensures that the Parliament has oversight of the exemption and can intervene if necessary. However, consultation under section 17 of the LIA has not been undertaken in this case, as the instrument is being made to facilitate the conduct of a trial that has already been approved after consultations.
Failure to comply with the conditions specified by CASA or any other provision of the Civil Aviation Regulations 1988 may result in offences, penalties, or other consequences. The specific penalties for breaching the regulations depend on the nature and severity of the breach. In general, penalties for aviation-related offences can include fines, imprisonment, or both. The maximum penalties for certain offences under the Civil Aviation Act 1988 can be significant, reflecting the importance of safety in the aviation industry. It is essential for Jetstar and Naverus to adhere to the conditions of the exemption and comply with all relevant regulations to avoid any potential consequences.