DASR 3/1994 - Instructions

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INSTRUMENT NUMBER DASR 3/1994

 

 

 

Civil Aviation Act 1988

 

 

Civil Aviation Regulations

 

 

I, COLIN TORKINGTON, Acting Director, Directorate of Aviation Safety Regulation, a delegate of the Civil Aviation Authority, under regulation 174D of the Civil Aviation Regulations, issue the instructions set out in the Schedule.

 

 

SCHEDULE

 

Part 1—Position fixing

 

Position fixing

1.1 (1)  The pilot in command of an aircraft operating under the V.F.R. and navigating by means of radio navigation equipment must obtain a positive position fix in accordance with the requirements of Part 2:

 (a) by using a non-directional beacon; or

 (b) by using a VHF omni-directional radio range; or

 (c) by using distance measuring equipment; or

 (d) determined by the intersection of 2 or more position lines from radio navigation aids which intersect at an angle of 45° or more.

 

 (2)  A position line referred to in paragraph (1) (d) must be within the rated coverage of the radio navigation aid.

 

 (3)  If a position fix is determined only by position lines from non directional beacons, subclause (2) does not apply and the intersection of the position lines must be not more than 30 miles from each of the beacons.

 

 

Part 2Navigation requirements

 

V.F.R. flights

2.1 (1)  Subject to this clause, the pilot in command of an aircraft operating under the V.F.R. must navigate the aircraft:

 (a) by visual reference to the ground or water; or

 (b) in accordance with this clause.

 

 (2)  The pilot in command of an aircraft that is operating under V.F.R. at a height of 2,000 feet or less above the ground or water must navigate the aircraft in accordance with paragraph (1) (a).

 

 (3)  If navigating by visual reference to the ground or water, the pilot in command of an aircraft operating under the V.F.R. must positively fix the aircrafts position by reference to topographical features at intervals of not less than 30 minutes.

 

 (4)  The pilot in command of an aircraft:

 (a) operating under the V.F.R.; and

 (b) not navigating by visual reference to the ground or water;

must ensure that the aircraft is navigated by:

 (c) a full time licensed flight navigator; or

 (d) a self-contained navigation system; or

 (e) a long-range radio navigation system; or

 (f) use of a radio navigation system.

 

 (5)  An aircraft must not be navigated by use of a radio navigation system under paragraph (4) (d) except on routes on which the aircraft can be navigated as follows:

 (a) after making a positive position fix, and allowing for possible tracking errors of +/-9.5° from that fix, the aircraft will come within the rated coverage of a radio aid which can be used to fix the position of the aircraft;

 (b) the maximum time period between positive position fixes must not be more than 2 hours.

 

V.F.R. flight on top of cloud

2.2 A pilot in command must not undertake a V.F.R. flight on top of more than four-eighths of cloud unless:

 (a) the flight (including the take-off, ascent, descent and landing) can be conducted in VMC; and

 (b) during the flight the aircraft is navigated:

 (i) by visual reference to the ground or water; or

 (ii) in accordance with subclauses 2.1 (4) and (5).

 

V.F.R. flights where navigation by radio navigation systems

2.3 (1)  If the pilot in command of an aircraft operating under the V.F.R. proposes to navigate by means of radio navigation systems or by any other means, the pilot must indicate in the flight notification the radio navigation aids:

 (a) with which the aircraft is equipped; and

 (b) which the pilot is qualified to use.

 (2)  If the pilot in command of an aircraft operating under the V.F.R. is navigating by a radio navigation system, the pilot must obtain positive position fixes at the intervals and by the methods set out in this instruction.

 

 

Part 3Track keeping

 

 

Radio navigation aids

3.1 (1)  The pilot in command of an aircraft operating under the V.F.R. who uses radio navigation aids as the primary means of navigation must ensure:

 (a) that the aircraft is navigated by reference to:

 (i) an aid which the pilot is qualified to use; and

 (ii) the aid which provides the most precise track guidance for the aircraft; and

 (b) that only those aids which define the relevant track are used for track keeping.

 

 (2)  The pilot in command of an aircraft operating under the V.F.R.:

 (a) for which track guidance is being provided by radio navigation aids; and

 (b) that is being navigated by a self-contained navigation system or by a long-range radio navigation system;

must maintain track as defined by the most precise radio navigation aid available.

 

 (3)  Subject to clause 3.3, if the pilot in command of an aircraft operating under the V.F.R. in controlled airspace notices that the aircraft has deviated from the correct track, the pilot must immediately take action to regain track.

 

 (4)  For the purposes of this clause, the order of precision of radio navigation aids, starting with the most precise, is localizer, VHF omni-directional radio range, non-directional beacon and locator.

 

Advice to Air Traffic Control if aircraft is off-track

3.2 (1)  The pilot in command of an aircraft operating under the V.F.R. in controlled airspace must not, except in an emergency, deviate from track without clearance from Air Traffic Control.

 

 (2)  The pilot in command of an aircraft operating under the V.F.R. who is using radio navigation aids as the primary means of navigation of an aircraft must immediately notify Air Traffic Control if the aircraft is found to be off-track by anyone of the following deviations:

 (a) if track guidance is provided by a localizer or a VHF omni-directional radio range—half-scale deflection or more of the course deviation indicator;

 (b) if the track guidance is provided by a non-directional beacon or locator+/-5° or more from the specified bearing;

 (c) if the track guidance is provided by distance measuring equipment+/- 2 miles or more from the required arc;

 (d) if navigating by visual reference to the ground or watermore than 1 mile from the cleared track.

 (3)  The pilot in command of an aircraft operating under the V.F.R.:

 (a) that is operating in controlled airspace; and

 (b) who considers it necessary to divert from the track given by Air Traffic Control;

 (c) who is out of radio contact with Air Traffic Control;

must issue, on the appropriate frequencies, a PAN radio call specifying the details of the diversion.

 

Avoiding controlled airspace

3.3 (1)  The pilot in command of an aircraft operating under the V.F.R. outside controlled airspace or a restricted area must apply the applicable tolerances as set out in this clause to the aircrafts flight path to ensure that the controlled airspace or the restricted area, as the case may be, is not infringed.

 

 (2)  A pilot referred to in subclause (1) who is navigating the aircraft by use of radio navigation aids must apply the tolerances set out in the following table.

 

Table

 

 Navigation aid

 Tolerance

 Non directional radio beacon

 VHF omni-directional radio range

 Tactical air navigation aid

 Dead reckoning

 +/-  6.9°

 +/-  5.2°

 +/-  5.2°

 +/-  12°

 

 

 (3)  Subject to subclause (5), a pilot referred to in subclause (1):

 (a) who is operating an aircraft referred to in column 1 of the following table; and

 (b) who is operating the aircraft at a height above mean sea level that is within a range specified in column 2 opposite the aircraft; and

 (c) who is navigating the aircraft by visual reference;

must apply the tolerances set out in column 3 of the table opposite the height rangewithin which the aircraft is operating.

 

 

Table

 

 

Column 1

Aircraft type

 

Column 2

Operating height of the aircraft above mean sea level

 

Column 3

Tolerance

All aircraft

10,001 feet to FL 200

+/-  8 miles

 

FL 205 to FL 300

+/-  12 miles

 

FL 305 to FL 400

+/-  16 miles

Gliders

0 feet to 10,000 feet

+/-  5 miles

 

 

 (4)  Subject to subclause (5), a pilot referred to in subclause (1):

 (a) who is operating an aircraft referred to in column 1 of the following table; and

 (b) who is operating the aircraft at a height above ground level that is within a range specified in column 2 opposite the aircraft; and

 (c) who is navigating the aircraft by visual reference;

must apply the tolerances set out in column 3 of the table opposite the height range within which the aircraft is operating.

 

Table

 

Column 1 Aircraft type

 

Column 2

Operating height of the aircraft above ground level

Column 3

Tolerance

Powered aircraft operating during daylight

 

0 feet to 2,000 feet

2,001 feet to 5,000 feet

5,001 feet to 10,000 feet

 

+/-  1 mile

+/-  2 miles

+/-  4 miles

Powered aircraft operating at night

0 feet to 2,000 feet

2,001 feet to 5,000 feet

5,001 feet to 10,000 feet

 

+/-  2 miles

+/-  3 miles

+/-  5 miles

 

 

 (5)  A pilot referred to in subclause (1) who is using area navigation must apply a tolerance of +/- 14 miles.

 

 

 

 

[Signed Colin Torkington]

 

COLIN TORKINGTON

Acting Director

Directorate of Aviation Safety Regulation

 

6 January 1994

Overview

The Civil Aviation Act 1988, enacted by the Parliament of Australia, addresses the regulation of civil aviation to ensure safety and efficiency within the industry. This Act provides the framework for the establishment and enforcement of safety standards, licensing of aviation personnel, and the oversight of aviation operations, including air navigation and the operation of aircraft. The Civil Aviation Regulations, which are subordinate legislation made under the authority of the Act, further detail specific requirements and procedures to be followed by aviation operators and personnel. The policy objective of these regulations is to maintain a high standard of safety in civil aviation by providing clear, enforceable guidelines for the operation and navigation of aircraft. The Civil Aviation (Position Fixing and Navigation) Instruction 1994, issued by the Acting Director, Directorate of Aviation Safety Regulation, under regulation 174D of the Civil Aviation Regulations, provides detailed instructions on the methods and intervals for obtaining position fixes and maintaining track for aircraft operating under Visual Flight Rules (VFR). This legislative instrument aims to ensure that pilots maintain accurate knowledge of their aircraft's position and adhere to prescribed flight paths to prevent deviation into controlled airspace or restricted areas without proper clearance.

Scope and Application

The Civil Aviation Regulations, specifically under the Civil Aviation Act 1988, pertain to the operation of aircraft under Visual Flight Rules (VFR) and the navigation requirements for such operations. The regulations apply to pilots in command of aircraft operating under VFR and cover the use of radio navigation equipment, the necessity of positive position fixes, and the adherence to navigational standards and procedures. These regulations are jurisdictional in nature, enforced under the Commonwealth of Australia by the Civil Aviation Authority through its designated delegates. The regulations establish standards for position fixing, mandating that pilots must obtain positive position fixes by specified means, such as using non-directional beacons or VHF omni-directional radio ranges, and by ensuring that position lines intersect at specific angles. Furthermore, the regulations detail the conditions under which VFR flights can be conducted, including restrictions on flying over cloud and the need for pilots to maintain visual references to the ground or water or to use approved navigation systems. Pilots are also required to notify Air Traffic Control if they deviate from their assigned track and must adhere to specified tolerances to avoid infringing on controlled airspace or restricted areas. The regulations do not specify exclusions or exemptions but allow for the issuance of further instructions or amendments through subordinate instruments to refine or extend the application of these provisions.

Key Provisions

The Civil Aviation Regulations, issued under the authority of the Civil Aviation Act 1988, provide detailed instructions for the operation of aircraft under Visual Flight Rules (VFR). Section 1.1 of the Regulations outlines the requirements for obtaining a positive position fix, which must be done using specified radio navigation equipment or by the intersection of two or more position lines at a 45° angle or more. The pilot in command must ensure that any position lines are within the rated coverage of the radio navigation aids used, with specific distance requirements if non-directional beacons are the only equipment employed. Section 2.1 details the navigation requirements for VFR flights, stipulating that pilots must navigate either by visual reference to the ground or water or in accordance with the clause. At heights of 2,000 feet or less, visual reference is mandatory, with positive position fixes by reference to topographical features at intervals of no less than 30 minutes. For VFR flights not navigated visually, the aircraft must be navigated by a licensed flight navigator, a self-contained navigation system, or a long-range radio navigation system. Section 2.2 prohibits VFR flights on top of more than four-eighths of cloud unless the flight can be conducted in Visual Meteorological Conditions (VMC) and the aircraft is navigated either visually or by a specified method. Section 2.3 requires pilots to indicate in the flight notification the radio navigation aids with which the aircraft is equipped and the aids the pilot is qualified to use, along with obtaining positive position fixes at prescribed intervals and methods. The Regulations impose several obligations on pilots operating under VFR. They must ensure that they use the most precise radio navigation aids for track guidance and maintain the track defined by the most precise aid available. Pilots are required to immediately notify Air Traffic Control if the aircraft deviates from the correct track by specified amounts depending on the navigation aid used. Pilots must also adhere to tolerances when operating outside controlled airspace or restricted areas, ensuring they do not infringe on these zones. Specific tolerances are provided for various types of navigation aids and for aircraft operating at different heights and under different conditions. Breaches of these regulations can result in civil or criminal consequences. While the specific penalties are not detailed in the excerpt, it is common under Australian aviation law for violations to incur fines, suspension or revocation of pilot licenses, and other administrative actions. The severity of the penalty typically corresponds to the seriousness of the breach and may include potential criminal charges for more egregious violations.

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