EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 276
Issued by Authority of the Minister for Telecommunications and Aviation Support
Civil Aviation Act 1988
Civil Aviation Regulations (Amendment)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Paragraph 98(3)(h) of the Act provides that the power to make regulations provided for in subsection 98(1) includes the power to make regulations empowering the Authority, or an officer authorised by the Authority, to give or issue directions or instructions to all or any of the persons holding licences, permits or certificates under the Act or the regulations, being directions or instructions with respect to matters affecting the safe navigation and operation, or the maintenance, of aircraft, and providing for the manner in which such directions and instructions are to be notified.
The use of computerised flight management and navigation systems to provide flight crews with navigation and aircraft performance information has increased markedly in recent times. This, in turn, has increased the potential for accidents resulting from the incorrect entry of data into a computer. An example is the crash of an Air New Zealand DC-10 on Mt Erebus in Antartica. This crash was attributed to the incorrect insertion of a co-ordinate into the aircraft’s inertial navigation system. The purpose of new regulation 232A, which has been inserted into the Civil Aviation Regulations (the Regulations), is to require an operator to ensure, as far as possible, that data is loaded correctly into a navigation or flight management computer.
Subregulation 232A(1) requires the operator of an aircraft fitted with a computer which provides navigation or aircraft performance information to establish operational procedures in relation to the computer in accordance with directions given by the Civil Aviation Authority (the Authority). Those directions are to be given in Civil Aviation Orders. There is no requirement to establish operational procedures until such directions have been given.
Subregulation 232A(2) provides that directions given by the Authority in relation to navigation and flight management computers may include directions in relation to the duties of the operator, the pilot in command or other crew member in relation to the operation of, or entry of data into, a computer and the verification of that data. Directions may also be given in relation to -
• the qualifications of persons who operate the computer or enter data into or verify data in, the computer;
• the notification to relevant personnel of operational procedures relating to the computer; and
• the inclusion of operational procedures in the operator’s operations manual.
Subregulation 232A(3) provides that where operational procedures have been established in relation to a computer in accordance with directions of the Authority, persons employed by the operator and the pilot in command and other members of the flight crew of an aircraft are required to comply with those procedures.
Subregulation 232A(4) provides that a direction given under new regulation 232A does not take effect until 28 days after the direction is given or such later day, if any, as is specified in the direction.
By virtue of regulation 281 of the Regulations, it is an offence if an operator does not establish operational procedures in accordance with directions given by the Authority. It is an offence if any personnel of the operator or a member of the flight crew of an aircraft do not follow those procedures. The maximum penalty for such offences is a fine of $2,500 if the offence is prosecuted summarily or $5,000 if the offence is prosecuted upon indictment.
The Regulation commenced on the date of its notification in the Gazette.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was amended to address the growing concern over the potential for accidents resulting from the incorrect entry of data into computerised flight management and navigation systems. The introduction of the Civil Aviation Regulations (Amendment) Statutory Rules 1989 No. 276, issued by the Minister for Telecommunications and Aviation Support, aimed to mitigate this risk by establishing requirements for the correct loading and verification of data in such systems. This was prompted by incidents such as the crash of an Air New Zealand DC-10 on Mt Erebus, which was caused by an incorrect coordinate entry. The policy objective behind this amendment was to enhance the safety of aircraft navigation and operation by ensuring that operators establish and adhere to specific operational procedures for computerised systems, as directed by the Civil Aviation Authority. Failure to comply with these procedures can result in significant penalties, reinforcing the importance of data accuracy in aviation safety.
Scope and Application
The Civil Aviation Regulations (Amendment) Statutory Rules 1989 No. 276, issued under the authority of the Minister for Telecommunications and Aviation Support, pertains to the regulation of operational procedures for aircraft equipped with computerised flight management and navigation systems. This amendment applies to all operators of aircraft fitted with computers that provide navigation or aircraft performance information, encompassing the aviation industry broadly, including commercial and private aircraft operators. The amendment ensures compliance with safety protocols by mandating that these operators establish operational procedures in accordance with directives issued by the Civil Aviation Authority. These procedures cover various aspects such as the duties of operators, pilots, and crew members in managing and verifying data input into the computer, qualifications required for personnel handling the computer, notification of operational procedures to relevant staff, and inclusion of these procedures in the operator's operations manual. The regulations are designed to mitigate risks associated with incorrect data entry, as highlighted by incidents like the Air New Zealand crash on Mt Erebus. The new regulation 232A came into effect on the date of its notification in the Gazette, establishing a legal framework that ensures safety through stringent compliance measures, with potential fines up to $5,000 for non-compliance.
Key Provisions
The Civil Aviation Regulations (Amendment) Statutory Rules 1989 No. 276, issued under the authority of the Minister for Telecommunications and Aviation Support, introduces new regulation 232A to address the risks associated with the use of computerised flight management and navigation systems in aircraft. This regulation was motivated by incidents such as the crash of an Air New Zealand DC-10 on Mt Erebus, which was attributed to incorrect data entry in the aircraft's inertial navigation system. Regulation 232A(1) mandates that operators of aircraft fitted with computers that provide navigation or aircraft performance information must establish operational procedures in accordance with directions issued by the Civil Aviation Authority (the Authority). These procedures are to be established only after the Authority has issued the necessary directions, which are to be included in Civil Aviation Orders. Regulation 232A(2) elaborates on the content of these directions, which can cover various aspects including the duties of operators, pilots, and crew members in relation to the operation and data entry into the computer, the qualifications of personnel involved, notification of operational procedures to relevant personnel, and the inclusion of these procedures in the operator's operations manual.
Operators must ensure that once operational procedures have been established in accordance with the Authority's directions, all employees and flight crew members comply with these procedures as stipulated in regulation 232A(3). Regulation 232A(4) provides that any directions issued by the Authority under this regulation will not take effect until 28 days after the direction is issued, or a later date specified in the direction. Failure to comply with these requirements can lead to significant consequences. Regulation 281 of the Civil Aviation Regulations specifies that it is an offence for an operator to not establish operational procedures in accordance with the Authority's directions, as well as for any personnel of the operator or flight crew members to not follow these procedures. The penalties for such offences include fines of up to $2,500 if prosecuted summarily, or $5,000 if prosecuted upon indictment. The regulation came into effect on the date of its notification in the Gazette.