Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 20.18 Amendment Instrument 2011 (No. 1)
Purpose
Civil Aviation Order 20.18 Amendment Instrument 2011 (No. 1) (the CAO amendment) modifies existing safety rules for navigation computers by broadening the types of computers covered by the rules and by modifying the rules to better reflect certain international practices.
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.
CAR 1988
Under subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988), it is an offence for a person to use an Australian aircraft in a class of operation if the aircraft is not fitted with the instruments and equipment approved and directed by CASA. Under subregulation 207 (2), in approving or directing, CASA may have regard only to the safety of air navigation.
Under subregulation 5 (1) of CAR 1988, where CASA is empowered to issue certain instruments such as approvals or directions, it may do so in a Civil Aviation Order (CAO).
For subregulation 207 (2) of CAR 1988, CASA made Civil Aviation Order 20.18 (CAO 20.18) setting out the approval and directions for aircraft instruments and equipment to meet basic operational requirements.
Under subregulation 232A (1) of CAR 1988, where an aircraft is fitted with a computer for the provision of navigation or aircraft performance information to the flight crew or to an automatic pilot system, the operator of that aircraft must establish operational procedures in relation to the computer in accordance with directions given by CASA in a CAO.
Under paragraph 232A (2) (a) of CAR 1988, such directions may be given in relation to, among other things, the duties or functions of the operator, pilot in command or other flight crew member in relation to the computer, data entry or data verification.
Because of their relevance to the matters contained in the CAO, such directions may also be included in CAO 20.18.
Under subregulation 232A (3) of CAR 1988, an operator’s operational procedures, established in compliance with directions under subregulation 232A (1) of CAR 1988, must be complied with by the operator’s personnel, and the pilot in command and flight crew of relevant aircraft.
Under subregulation 232A (4) of CAR 1988, a direction is not to take effect until the 28th day after it is given or a later day if specified in the direction.
CAO 20.18
CAO 20.18 applies to all Australian registered aircraft. Subsection 9A of CAO 20.18 applies for computers fitted in an aircraft for use with GPS, and sets out a series of CASA directions for regulation 232A of CAR 1988.
Under paragraph 9A.3 of CAO 20.18, if particulars of certain approved way points and navigation aids are included in a GPS computer’s database, they must be in a form that cannot be modified by the aircraft operator or flight crew members.
Under paragraph 9A.4, a GPS computer’s database referred to in paragraph 9A.3 must be current and provided by an approved supplier.
Under paragraph 9A.5, the supplier’s operating instructions for a GPS computer must be carried in the aircraft and easily accessible to the computer’s users.
Under paragraph 9A.6, if the aircraft is engaged in commercial operations, the operating instructions must be included in the operations manual.
Under paragraph 9A.7, a GPS computer must be operated in accordance with its operating instructions.
Under paragraph 9A.8, any additional requirements for the operation of a GPS computer may be incorporated in the aircraft’s flight manual.
Under paragraph 9A.9, manually entered data in a GPS computer must be cross‑checked for accuracy by not less than 2 flight crew members.
Under paragraph 9A.10, in the case of a single pilot operation, manually entered data in a GPS computer must be checked against other aeronautical information, such as certain approved current maps and charts carried in the aircraft.
Background
In its previous form, subsection 9A of CAO 20.18 required modification for 3 reasons.
First, subsection 9A was limited to GPS computers only, with the result that other navigation computer systems are not regulated by subsection 9A.
Secondly, under paragraph 9A.4 of CAO 20.18, a GPS computer’s database had to be current and provided by an approved supplier. However, this absolute requirement for current data conflicted with the operational standards of relevant national airworthiness authorities (NAA) responsible for approval of aircraft type design and manufacture within their jurisdiction.
Relevant NAAs provide master minimum equipment lists (MMEL) which offer a degree of currency relief for navigation databases that are integral to flight management systems (FMS). For example, the US FAA policy, contained in PL-98, Navigation Databases, MMEL Code 43, provides that where a navigation database has expired this should not preclude the use of the FMS if other acceptable alternative sources of navigation information are available.
Thirdly, subsection 9A required that a GPS computer database, fitted to an aircraft and used for navigation, must remain current for the duration of the flight.
However, the Aeronautical Information Regulation And Control (AIRAC) cycle, on which such a navigation database depends, may change during flight to the next AIRAC cycle. (The AIRAC cycle is a data update cycle, in accordance with Annex 15, Aeronautical Information Services (AIS), of the Chicago Convention, which documents and defines a series of common dates, and an associated standard aeronautical information publication procedure, for updating navigation data for each Convention State.)
While most FMS have the capacity to store the next AIRAC cycle, the updated data may only be selected for navigation purposes while the aircraft is on the ground before despatch. This should not preclude some limited use of the FMS after AIRAC cycle expiry provided certain safety conditions are met.
Modification of subsection 9A
Subsection 9A of CAO 20.18 has, therefore, been modified to extend its application beyond GPS computers to navigation computers in an aircraft for use with area navigation systems (RNAV) or global navigation satellite systems (GNSS).
Also, certain relevant aircraft will be, in effect, conditionally exempted from the navigation database currency requirement during the flight in which AIRAC expiry occurs, and for not more than 72 hours after expiry if permitted by the aircraft’s MEL.
For a non-exempt aircraft engaged in en route or terminal navigation with a current and compliant navigation database, each navigation computer database selected track and distance between way points is to be cross-checked for accuracy and reasonableness by reference to current en route and area charts, or the flight plan, or the navigation log. This cross-checking requirement is a risk-mitigator in the use of a navigation system which is relying on a navigation database. The requirement formally mandates what is a relatively common practice usually documented in an operator’s operations manual.
A non-exempt aircraft may not engage in en route or terminal navigation using a database that is not current and compliant.
Details of the CAO amendment are set out in Attachment 1.
Legislative Instruments Act 2003 (the LIA)
Under subregulation 5 (1) of CAR 1988, if CAR 1988 empowers CASA to issue instruments such as approvals or directions, CASA may do so in the form of CAOs. 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. The CAO amendment is, therefore, a legislative instrument subject to registration, and tabling and disallowance in the Parliament, under sections 24, 38 and 42 of the LIA.
Statement of Compatibility with Human Rights
The following Statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Civil Aviation Order 20.18 Amendment Instrument 2011 (No. 1) modifies existing safety rules for navigation computers by broadening the types of computers covered by the rules and by modifying the rules to better reflect certain international practices.
The 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. The instrument does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues.
Consultation
The CAO amendment was the subject of consultation with the largest and most technologically sophisticated operators who potentially may have been most affected by it. The proposal was also posted for comment on the website of the representative Standards Consultative Committee (SCC) and relevant SCC Subcommittee forums. (The SCC is the joint CASA/industry consultation forum and also operates through various joint subcommittees.). No adverse comment was made on the proposal.
Regulation Impact Statement (RIS)
The Office of Best Practice Regulation (OBPR) does not require a RIS for the CAO amendment because a preliminary assessment of the business compliance costs indicates that the CAO amendment will have only a nil to low impact on business (reference OBPR Id. No. 12899).
Commencement and making
The CAO amendment takes effect on the 28th day after registration. There are legal reasons for this.
First, there is no requirement under regulation 232A of CAR 1988 for service or gazettal of directions. However, under subregulation 232A (4), there is a requirement that a direction (including as contained in a CAO) may not “take effect” earlier than the 28th day after it is “given”.
Secondly, under subsection 31 (1) of the LIA, a legislative instrument (like the CAO amendment) is not enforceable unless it is registered. Registration, therefore, gives a legislative instrument its special status and it can have no “effect” until registered.
Therefore, out of caution, since privileges and enforcement under the CAO amendment are legally dependent on registration, for subregulation 232A (4) of CAR 1988, “given” is taken to mean registered rather than merely “made”.
Hence, in accordance with the requirements of subregulation 232A (4) of CAR 1988, the CAO amendment takes effect on the 28th day after registration.
CASA notified operators of the actual date of effect of the directions through information posted n the CASA website.
The CAO amendment has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Civil Aviation Order 20.18 Amendment Instrument 2011 (No. 1)]
Attachment 1
Details of CAO amendment
1 Name of instrument
Under this section, the instrument is the Civil Aviation Order 20.18 Amendment Instrument 2011 (No. 1).
2 Commencement
Under this section, the instrument commences on the 28th day after registration.
3 Amendment of Civil Aviation Order 20.18
Under this section, Schedule 1 amends Civil Aviation Order 20.18.
Schedule 1 Amendments
[1] Subsection 9A, the title
Under this amendment, the title of subsection 9A is modified to reflect the amended contents of the subsection, namely, “Directions relating to use of navigation computer systems”.
[2] Paragraph 9A.1
Under this amendment, the phrase “computers fitted in an aircraft for use with GPS” is replaced by reference to the broader concept of “navigation computers in an aircraft for use with an RNAV system or GNSS”
[3] Paragraph 9A.2, definitions
Under this amendment, redundant definitions are removed and definitions for various new words and phrases are substituted as follows:
AIRAC cycle means the Aeronautical Information Regulation And Control cycle, in accordance with Annex 15, Aeronautical Information Services (AIS), of the Chicago Convention, which documents and defines a series of common dates, and an associated standard aeronautical information publication procedure, for each State.
current, for a navigation database at a particular time, means updated in compliance with the requirements of the AIRAC cycle applying at the particular time.
GNSS means the Global Navigation Satellite System installed in an aircraft to continually compute the position of the aircraft by use of the GPS.
GPS means the Global Positioning System.
IRU or inertial reference unit is a type of inertial sensor which uses gyroscopes and accelerometers to determine a moving aircraft’s rotational attitude and translational position over a period of time.
MEL means an aircraft’s minimum equipment list, as approved by the State of registration of the aircraft.
navigation computer means a computer installed in, or carried on, an aircraft for the principal purpose of navigating, or assisting in the navigation of, the aircraft.
RNAV means a method of navigation which permits an aircraft to operate on any desired flight path within one or both of the following:
(a) the coverage of ground-based or space-based navigation aids;
(b) the limits of the capability of a self-contained navigation system with which the aircraft is equipped.
RNAV system means a navigation system using positioning inputs from GNSS or an inertial reference unit.
State means a nation state that is a signatory to the Chicago Convention.
[4] Paragraph 9A.3
Under this amendment, the abbreviation “GPS” (as in “GPS computer’s database”) is replaced by reference to the broader concept of “navigation” (as in “navigation computer’s database”).
[5] Paragraph 9A.4
Under this amendment, “GPS” is replaced by reference to “navigation” and paragraph 9A.4 is made subject to new paragraph 9A.4A.
[6] After paragraph 9A.4
Under this amendment, 3 new paragraphs are inserted to make the modifications mentioned in the Explanatory Statement.
1 Non-currency for exempted aircraft
New paragraph 9A.4A provides that the reference in paragraph 9A.4 to a navigation database needing to be current does not apply to an aircraft (an exempted aircraft):
(a) during flight — if the navigation database expires because it has not been updated for the requirements of a new AIRAC cycle which commenced during the flight; or
(b) for a period of not more than 72 hours from the time the navigation computer database expires — but only if currency is not required under the MEL for the aircraft.
2 Conditions for non-currency
New paragraph 9A.4B provides that if an aircraft’s navigation computer database is to be used for the navigation purposes of an exempted aircraft then:
(a) before each flight, the computer’s database navigation fixes, and the coordinates, frequencies, status (as applicable), and suitability of navigation facilities, required for the intended route must be verified by approved sources of navigation information other than the navigation computer database itself; and
(b) radio navigation aids that are used for departure, arrival and approach procedures must be tuned in to and identified; and
(c) despite paragraph 9A.4A, an RNAV departure, arrival or approach procedure must not be used if it is one that has been changed in the latest AIRAC cycle and the aircraft’s navigation computer database is not current for the change; and
(d) if an aircraft is to commence, or continue, a flight with a navigation computer database that is not current for the AIRAC cycle, the operator or the pilot in command must advise air traffic control before the flight commences, or on first contact during continued flight.
3 Cross-checking for en route and terminal navigation
New paragraph 9A.4C provides that for an aircraft:
(a) that is engaged in en route or terminal navigation; and
(b) whose navigation computer database complies with paragraphs 9A.3 and 9A.4; and
(c) that is not an exempted aircraft under paragraph 9A.4A;
each navigation computer database selected track and distance between way points is to be cross-checked for accuracy and reasonableness by reference to:
(d) current en route and area charts; or
(e) the flight plan; or
(f) the navigation log.
[7] Paragraph 9A.5
Under this amendment, “GPS” is replaced by reference to “navigation”.
[8] Paragraph 9A.7
Under this amendment, paragraph 9A.7 is deleted. It is GPS-specific and, therefore, redundant in light of the modifications made to subsection 9A.
[9] Paragraph 9A.8
Under this amendment, paragraph 9A.8 is deleted. It is GPS-specific and, therefore, redundant in light of the modifications made to subsection 9A.
[10] Paragraph 9A.9
Under this amendment, “GPS” is replaced by reference to “navigation”.
[11] Paragraph 9A.10
Under this amendment, “GPS” is replaced by reference to “navigation”.
[12] Subsection 9A, renumbering
Under this amendment, paragraphs in subsection 9A are renumbered for clarity.
[13] Subsection 9A
Under this amendment, a citation is amended consequential on the renumbering of paragraphs in subsection 9A.